[Federal Register Volume 67, Number 90 (Thursday, May 9, 2002)]
[Notices]
[Pages 31371-31373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11578]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 265-2002]


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 Central Records System, 
JUSTICE/BOP-005''. The system notice, which was last published on June 
7, 1984 (49 FR 23711), is now being modified and will become effective 
60 days from the date of publication.
    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 
directly committed to the custody of the Bureau of Prisons, pursuant to 
the additional authority of 18 U.S.C. 3621 and 5003 (state inmates), 
and inmates from the District of Colombia 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 (Pub. L. 
105-33; 111 Stat. 740).
    In addition to edits which have been made to better describe the 
system and/or improve its clarity, the Bureau has added a statement on 
the purpose of this system and expanded the list of records contained 
in this system to include ``drug testing and DNA samples and analysis 
records.'' Also, the routine use section has been reorganized to better 
describe or clarify certain routine uses. New routine uses have been 
added to allow for the release of information to courts and 
administrative forums and to prevent immediate loss of life or serious 
bodily injury. In addition, an existing routine use has been modified 
to include the General Services Administration (GSA) as a potential 
recipient of records access during records management inspections. This 
modification is consistent with Public Law 98-497 (44 U.S.C. 2102) 
which renamed the National Archives and Records Service as the 
``National Archives and Records Administration (NARA)'' and established 
it as a separate agency which would continue to share its records 
management inspection responsibilities with GSA. Accordingly, the 
routine use has been changed to show that while NARA and GSA are 
separate agencies, they have retained shared responsibilities for 
records management inspections under the authority of 44 U.S.C. 2904 
and 2906.
    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 and also clarified record access 
procedures.
    The exemptions from certain Privacy Act provisions continue, as 
previously published in 28 CFR 16.97(a) and (b). Exemptions from (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; and 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 June 10, 
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.

    Dated: April 26, 2002.
Robert F. Diegelman,
Acting Assistant Attorney General for Administration.
Justice/BOP-005

System Name:
    Inmate Central Records System.

System Location:
    Records may be retained at the Central Office, Regional Offices, or 
at any of the Federal Bureau of Prisons (Bureau) and/or contractor-
operated correctional facilities. A list of Bureau 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:
    This system contains records relating to the care, classification, 
subsistence, protection, discipline, and programs of federal inmates. 
Such records may include:
    (1) Computation of sentence and supporting documentation; (2) 
correspondence and other documentation concerning pending charges, and 
wanted status, including warrants; (3) requests from other federal and 
non-federal law enforcement agencies for notification prior to release; 
(4) records of the allowance, forfeiture, withholding and restoration 
of good time; (5) information concerning present offense, prior 
criminal background, sentence and parole; (6) identification data 
including date of birth, Social Security number, driver's license 
number, alien registration number, physical description, sex, race, 
religious preference, photographs, fingerprints, digital image, 
biometric identifier, drug testing and DNA samples and analysis 
records; (7) institution designation and housing assignments, including 
separation orders, and supporting documentation; (8) work and payroll 
records; (9) program selections, assignment and performance or progress 
reports; (10) prison conduct records, including information concerning 
disciplinary actions, participation in escapes, assaults, and 
disturbances; (11) economic, social, and religious background, 
including special religious dietary requirements; (12) educational 
data, including industrial and vocational training; (13) physical and 
mental health data; (14) United States Parole Commission orders, 
actions and related forms; (15) correspondence regarding the inmate, 
including his or her release, adjustment and violations; (16) transfer 
information, including orders and transportation arrangements; (17) 
mail, visiting and telephone records; (18) personal property records; 
(19) safety reports and rules; (20) release processing forms and 
certificates; (21)

[[Page 31372]]

interview requests; (22) litigation related records; (23) investigatory 
information; (24) institution tracking records to locate archived 
files; (25) referrals of non-federal inmates to Bureau custody and/or 
referrals of Bureau inmates to state custody.

Authority for Maintenance of the System:
    This system is established and maintained under the authority of 18 
U.S.C. 3621, 4042, 5003 (state inmates), and section 11201 of Chapter 1 
of Subtitle C of Title XI of the National Capital Revitalization and 
Self-Government Improvement Act of 1997 (Pub. L. 105-33; 111 Stat. 
740).

PURPOSE OF THE SYSTEM:
    This system assists the Attorney General and the Bureau of Prisons 
in meeting statutory responsibilities for the safekeeping, care and 
custody of incarcerated persons. It serves as the primary record system 
on these individuals and includes information critical to the continued 
safety and security of federal prisons and the public.

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 officers and employees of the Bureau of Prisons and the 
Department of Justice who have a need for the information in the 
performance of their duties;
    (b) To federal, state, local, tribal, foreign and international law 
enforcement agencies and court officials for law enforcement and court-
related purposes such as investigations, possible criminal 
prosecutions, civil court actions, or regulatory or parole proceedings, 
and, prior to release of an inmate, to the chief law enforcement 
officer of the state and local jurisdiction in which the released 
inmate will reside, as required by 18 U.S.C. 4042(b);
    (c) To a court or adjudicative body before which the Department of 
Justice or the Bureau is authorized to appear, or to a private attorney 
authorized by the Department of Justice to represent a Bureau employee, 
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 the Department of Justice, or (2) any Department of Justice 
or Bureau employee in his or her official capacity, or (3) any 
Department of Justice or Bureau employee in his or her individual 
capacity where the Department of Justice 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;
    (d) 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;
    (e) 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;
    (f) To victims and/or witnesses, pursuant to federal victim/witness 
legislation and policy requiring the release of information relating to 
an inmate's furlough, parole (including appearance before the United 
States Parole Commission), transfer to a community corrections center, 
mandatory release, expiration of sentence, escape (including 
apprehension), death, and other such release-related information;
    (g) To state agencies and authorities, pursuant to Public Law 98-
135, for the purpose of matching the data against state records to 
review eligibility of these inmates for unemployment compensation; the 
requesting state is to erase the Bureau data after this determination 
has been made;
    (h) To the Social Security Administration (SSA), pursuant to Public 
Law 96-473, for the purpose of matching the data against SSA records to 
enable the SSA to determine the eligibility of Bureau inmates to 
receive benefits under the Social Security Act and for the purpose of 
assisting SSA in providing inmate data to the states administering 
federal benefit programs such as Food Stamps; SSA is to erase the 
Bureau data after the match has been made;
    (i) To the Veterans Administration (VA), pursuant to Public Law 96-
385, for the purpose of matching the data against VA records to 
determine the eligibility of Bureau inmates to receive veterans' 
benefits; the VA is to erase the Bureau data after the match has been 
made;
    (j) To the Federal Aviation Administration (FAA), pursuant to 
Public Law 100-690, for the purpose of matching the data against FAA 
records to determine the eligibility of Bureau inmates to hold and 
obtain airmen certification and qualification;
    (k) To the Internal Revenue Service (IRS) for the purposes of 
matching the data against IRS records for fraud detection;
    (l) 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;
    (m) 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;
    (n) 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;
    (o) To any person or entity to the extent necessary to prevent 
immediate loss of life or serious bodily injury;
    (p) To a former employee of the Department, pursuant to subsection 
(b)(3) of the Privacy Act, 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; and
    (q) To the United States Sentencing Commission (USSC) for the 
purpose of providing inmate identification data to enable the USSC to 
perform research and conduct studies.

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, floppy diskettes, Compact Discs (CDs), 
magnetic tapes and/or optical disks. Documentary records are maintained 
in microfilm, manual file folders and/or index card files.

Retrievability:
    Records are retrievable by identifying data, including name, inmate 
register

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number, FBI number, alien registration number and/or Social Security 
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 the expiration of the sentence. Records of an unsentenced 
inmate are retained for a period of ten (10) years after the inmate's 
release from confinement. Documentary records are destroyed by 
shredding; computer records are destroyed by degaussing and/or 
shredding.

System Manager(s) and Address:
    Assistant Director, Correctional Programs 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 above.

Record Source Categories:
    Records are generated by: (1) Individual currently or formerly 
under custody; (2) federal, state, local, foreign and international law 
enforcement agencies and personnel; (3) federal and state prosecutors, 
courts and probation services; (4) educational institutions; (5) health 
care providers; (6) relatives, friends, and other interested 
individuals or groups in the community; (7) former or future employers; 
(8) state, local and private corrections staff; and (9) Bureau staff 
and institution contractors and volunteers.

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. 02-11578 Filed 5-8-02; 8:45 am]
BILLING CODE 4410-05-P