[Federal Register Volume 68, Number 82 (Tuesday, April 29, 2003)]
[Notices]
[Pages 22739-22741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10529]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 013-2003]


Privacy Act of 1974; System of Records

    Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 
552a), notice is given that the Criminal Division (CRM), Department of 
Justice, proposes to revise a system of records presently entitled 
``Index of Prisoners Transferred Under Prisoner Transfer Treaties,'' 
Justice/CRM-026, which covers the described records maintained by the 
International Prisoner Transfer Unit (IPTU), Office of Enforcement 
Operations, Criminal Division. This system was last published in the 
Federal Register at 52 FR 47203, dated Friday, December 11, 1987.
    The purpose of publishing this notice is to rename the system (to 
now be named the ``International Prisoner Transfer Case Files/
International Prisoner Transfer Tracking System''), to update and 
clarify the scope of the records maintained by the IPTU in this system, 
to more accurately describe how such records are currently maintained, 
and to specify the duration for which such records are to be retained. 
The revised system of records also expands upon the routine uses of 
records maintained in the system, and adds routine uses lately 
incorporated into other Department of Justice systems of records 
pertaining to law enforcement matters.
    In accordance with 5 U.S.C. 552a(e)(4) and (11), the public is 
given a 30-day period in which to comment; and the Office of Management 
and Budget (OMB), which has oversight responsibility under the Act, 
requires a 40-day period in which to conclude its review of the system. 
Therefore, please submit any comments by May 29, 2003. The public, OMB, 
and the Congress are invited to submit any comments to Mary E. Cahill, 
Management and Planning Staff, Justice Management Division, Department 
of Justice, Washington, DC, 20530 (Room 1400, National Place Building).
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and the Congress.

    Dated: April 23, 2003.
Paul R. Corts,
Assistant Attorney General for Administration.
Justice/CRM--026

System Name:
    International Prisoner Transfer Case Files/International Prisoner 
Transfer Tracking System.

System Location:
    U.S. Department of Justice, Criminal Division, Office of 
Enforcement Operations, 950 Pennsylvania Ave., NW., Washington, DC 
20530.

Categories of Individuals Covered by the System:
    Prisoners transferred to or from prisons in the United States under 
international prisoner transfer treaties between the United States and 
foreign nations. Please note that prisoners being transferred from 
prisons in the United States pursuant to international prisoner 
transfer treaties are primarily foreign nationals who are generally not 
protected by the Privacy Act. In rare cases, such individuals may hold 
dual citizenship or may be lawful permanent residents of the United 
States. Accordingly, the purpose of this notice

[[Page 22740]]

is to cover only United States Citizens and lawful permanent residents 
who are included in this information system.

Categories of Records in the System:
    Paper Files: The system contains the individual case files of 
prisoners who have applied for or been granted transfers to serve the 
balance of their sentences in their native countries. This includes 
both United States citizens who have applied to return to the United 
States and foreign nationals who have applied to be transferred to 
foreign countries. The system may include, but is not limited to, the 
following information: The application for transfer; investigatory 
material; court-related documents; prison progress reports; media 
reports; official and other correspondence; and interagency and intra-
agency reports and recommendations and decisional documents relating to 
individual transfer matters.
    Computerized Records: The system also includes an automated 
database for tracking the handling of prisoner transfer cases from 
application to final action. Information used to track such progress 
may include, but is not limited to, the prisoner's name, social 
security number, birth date, place of birth, offenses and sentencing 
information and other case-related information.

Authority for Maintenance of the System:
    The system is maintained to implement the provisions of 18 U.S.C. 
4100 et. seq. The records maintained in the system are used to evaluate 
international prisoner transfer applications to determine whether a 
particular application should be granted or denied, to respond to 
inquiries regarding transfer applications and determinations, to 
respond to subsequent litigation relating to prisoner transfer 
determinations and/or the validity of prisoner consent, and to permit 
periodic reports to Congress and others on matters relating to 
international prisoner transfers.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    Records, or information derived therefrom, in this system of 
records may be disclosed to the following:
    (a) In appropriate proceedings before a court, grand jury, or 
administrative or regulatory body when records are determined by the 
Department of Justice, or the adjudicator, to be arguably relevant to 
the proceeding.
    (b) A State, territorial, local or foreign government, at its 
request, when the record relates to one of its past or present 
prisoners.
    (c) Such recipients and under such circumstances and procedures as 
are authorized by Federal statute or treaty.
    (d) An appropriate Federal, State, territorial, local, foreign, or 
tribal law enforcement authority or other appropriate agency charged 
with the responsibility for investigating or prosecuting a violation or 
potential violation of law (whether civil, criminal, or regulatory in 
nature).
    (e) A Federal, State, territorial, local, foreign or tribal agency, 
including prosecution, corrections, sentencing, or parole authorities, 
in order to assist in the execution of appropriate actions necessary to 
implement an international prisoner transfer decision, or in the 
performance of its official duties.
    (f) Any Federal government agency for all purposes relating to the 
monitoring and control of entry of individuals into the United States.
    (g) 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.
    (h) 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.
    (i) The National Archives and Records Administration and the 
General Services Administration for records management inspections 
conducted under the authority of 44 U.S.C. 2904 and 2906.
    (j) Current and former government employees, including law 
enforcement and judicial authorities, whose comments on a particular 
prisoner transfer matter are solicited by the International Prisoner 
Transfer Unit in connection with its investigation and review of such a 
case, in order to enable such persons to formulate a response to the 
request.
    (k) 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.
    (l) Former employees of the Department of Justice 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:
    Electronic data is stored in electronic media via a configuration 
of client/server and personal computer. Computerized records are stored 
on hard disk, floppy diskettes, or compact disks. Paper records and 
electronic media recordings of prisoner transfer consent verification 
hearings are stored in individual file folders and file cabinets with 
controlled access, and/or other appropriate GSA approved security 
containers.

Retrievability:
    Individual case files are retrieved by a file number assigned to 
each individual who applies for or is granted a transfer. Information 
stored in the computerized case tracking system is retrieved primarily 
by searching under the name and/or Federal Bureau of Prisons' register 
number, or other inmate number, assigned to the person who applied for 
or was granted a transfer.

Safeguards:
    Paper records are secured through the use of safes and/or 
restricted access to the space in which files are located. Electronic 
records are safeguarded in accordance with DOJ rules and policies 
governing automated systems security and access, including the 
maintenance of technical equipment in restricted areas and the required 
use of individual passwords and user identification codes to access the 
system.

Retention and Disposal:
    Individual case files are stored in the International Prisoner 
Transfer Unit's work area while the prisoner transfer request is 
pending, and generally for up to three years after the date of closing. 
Cases are closed upon completion of prisoner transfer, denial of 
transfer, or prisoner withdrawal of request to transfer. Thereafter, 
files are transferred to the Washington National Records Center in 
Suitland, Maryland or other designated records center. In accordance 
with Records Disposition Authority N1-60-93-16, all case files are 
retained for not less than thirty years after being closed. Thereafter, 
files may be destroyed, except that specific files, designated as 
significant because of

[[Page 22741]]

widespread public interest, are transferred to the National Archives 
and Records Administration for permanent retention.

System Manager(s) and Address:
    Assistant Attorney General, Criminal Division, FOIA/PA Unit, U.S. 
Department of Justice, 950 Pennsylvania Avenue, NW., Washington, DC 
20530.

Notification Procedure:
    Inquiry concerning this system should be in writing and made to the 
system manager listed above.

Record Access Procedures:
    A request for access to a record contained in this system shall be 
made in writing to the system manager, with the envelope and letter 
clearly marked ``Privacy Act Request.'' The request shall include the 
name of the individual involved, his birth date and place, or any other 
identifying number or information which may be of assistance in 
locating the record, and the name of the case or matter involved. The 
requester shall also provide a signature (which must be either 
notarized or submitted under penalty of perjury) and a return address 
for transmitting the information.

Contesting Record Procedures:
    Individuals desiring to contest or amend information maintained in 
the system should direct their request to the system manager listed 
above, stating clearly and concisely what information is being 
contested, the reasons for contesting it, and the proposed amendment to 
the information.

Record Source Categories:
    Court records, prisoner statements, and communications with other 
components and agencies of the United States and foreign governments.

Systems Exempted from Certain Provisions of the Act:
    None.

[FR Doc. 03-10529 Filed 4-28-03; 8:45 am]
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