[Federal Register Volume 67, Number 117 (Tuesday, June 18, 2002)]
[Notices]
[Pages 41449-41450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15296]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 271-2002]


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 formerly entitled, ``custodial and Security 
Record System, JUSTICE/BOP-001''. The system notice, which was last 
published on September 28, 1978 (43 FR 44732), is now being modified 
and will become effective sixty (60) days from the date of publication.
    As previously published, the system included investigative and 
physical security data concerning current and former inmates under the 
custody of the Attorney General and thereby of the Bureau of Prisons 
under 18 U.S.C. 4042. The Bureau is expanding this system to include 
additional categories of investigative data compiled by staff from the 
Bureau's Office of Intelligence and is deleting those categories of 
data that are contained in another system of records entitled, ``Inmate 
Central Record System, JUSTICE/BOP-005.'' Staff in the Bureau's Office 
of Intelligence, Correctional Program Division, examine and investigate 
serious incidents and institution disturbances to protect inmates, 
Bureau staff, and the public. The Bureau has developed a record system 
to keep track of incidents and disturbances and to aid in investigatory 
efforts. This system enables Bureau staff to investigate and document 
prison disturbances, and verify reported incidents to other law 
enforcement authorities, courts, and administrative bodies when 
necessary. To reflect the additional data, this system is being re-
named the ``Prison Security and Intelligence Record System, JUSTICE/
BOP-001.''
    The Bureau has also reorganized and expanded the routine uses, re-
designated the system manager, clarified access procedures and updated 
the sections relating to storage and safeguards to reflect 
technological advances and new agency practices now in effect. In 
addition, the Bureau has updated the statutory authority citations.
    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 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 forty (40) day period in which to review the system.
    Therefore, please submit any comments by July 18, 2002. The public, 
OMB and 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 system is provided below. In addition, the 
Department of Justice has provided a report on the proposed system to 
OMB and the Congress, in accordance with the Privacy Act, 5 U.S.C. 
552a.

    Dated: June 5, 2002.
Robert F. Diegelman,
Acting Assistant Attorney General For Administration.
JUSTICE/BOP-001

System Name:
    Prison Security and Intelligence Record System.

System Location:
    Records may be retained at any of the Bureau's facilities, the 
Regional Offices and the Central Office. A list of current addresses is 
contained in 28 CFR part 503 and on the Internet at http://www.bop.gov.

Categories of Individuals Covered by the System:
    Current and former inmates 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:
    (a) Identification information including name, register number (if 
an inmate), and fingerprint information; (b) Information concerning 
escape plots, assaults, and disturbances; (c) Investigate reports; (d) 
Intelligence information; (e) Confidential Informant information; (f) 
FBI referral records; (g) Telephone call records.

Authority for Maintenance of the System:
    This system is established and maintained under the authority of 18 
U.S.C. 3621, 4042, and 5003.

Purpose of the System:
    The records in this system are maintained to assist the Bureau in 
investigating and documenting inmate incidents and prison disturbances 
for purposes of guarding the safety of other inmates, Bureau staff and 
the general public. This system assists Bureau staff in gathering and 
organizing information on serious prison incidents such as escape 
plots, inmate assaults, major prison disturbances, investigative 
reports and confidential informant information. This system is 
necessary to better ensure prison security and better protect inmates, 
staff 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 may be disclosed as follows:
    (a) As permitted in the Privacy Act, 5 U.S.C. 552a(b)(1), to 
officers and employees of the Department of Justice who have a need for 
the information in the performance of their duties;
    (b) To federal, state, local, tribal, international and foreign law 
enforcement officials who have a need for the information to perform 
their duties e.g., in the course of apprehensions, investigations, 
possible criminal prosecutions, civil court actions, regulatory 
proceedings, inmate disciplinary hearings, parole hearings, responding 
to emergencies, or other law enforcement activity; information may also 
be disclosed to such law enforcement agencies in order to solicit or 
obtain data needed by prison officials for law enforcement purposes;
    (c) 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 an individual who is the subject of the record;
    (d) 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;
    (e) In a proceeding before a court, grand jury, or administrative 
or regulatory body when the records are determined by the Department of 
Justice to be arguably relevant to the proceeding;
    (f) To a federal, state, or local licensing agency or association 
which requires information concerning the suitability or eligibility of 
an individual for a license or permit;
    (g) 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

[[Page 41450]]

accomplish a Bureau function related to this system of records;
    (h) To any person or entity to the extent necessary to prevent 
immediate loss of life or serious bodily injury;
    (i) 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, floppy diskettes, magnetic tapes, compact 
discs (CDs) and/or optical disks. Documentary records are maintained in 
microfilm, manual file folders and/or index card files.

Retrievability:
    Records are retrievable by institution, date, type of incident, 
and, where available, by inmate name.

Safeguards:
    Information is safeguarded in accordance with Bureau rules and 
policy governing sensitive data and 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. Documentary records are maintained in secure areas in 
locked, fireproof cabinets, in guarded buildings and accessed only by 
authorized personnel.

Retention and Disposal:
    Records in this system are retained for five (5) years after 
initial documentation of the incident and, if appropriate, may be 
incorporated into another system of records, e.g. JUSTICE/BOP-005, 
Inmate Central Record System. Records concerning major prison 
disturbances are sent to the National Archives for permanent storage. 
Non-criminal activity files are kept at the institution for five years, 
after which they are destroyed by shredding. Automated records are 
destroyed by degaussing.

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 Procedure:
    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), 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:
    Bureau staff, inmates, confidential informants, and law enforcement 
officials.

Systems Exempted From Certain Provisions of the Act:
    Pursuant to 5 U.S.C. 552a(j), the Attorney General has exempted 
this system from subsections (c)(3) and (4), (d), (e)(2) and (3), 
(e)(4)(H), (e)(8), (f), and (g). Rules have been promulgated in 
accordance with the requirement of 5 U.S.C. 553(b), (c) and (e) and 
have been published in the Federal Register and codified at 28 CFR 
16.97(a) and (b).

[FR Doc. 02-15296 Filed 6-17-02; 8:45 am]
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