[Federal Register: June 18, 2002 (Volume 67, Number 117)]
[Notices]               
[Page 41450-41452]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn02-93]                         

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DEPARTMENT OF JUSTICE

[AAG/A Order No. 272-2002]

 
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 Administrative Remedy Record 
System, JUSTICE/BOP-004.'' This system, which was last published on 
September 28, 1978 (43 FR 44734), is now being modified and will become 
effective 60 days from the date of publication.
    The Bureau is updating the system's locations, description of the 
Categories of Records, and the Purpose of the system. The Bureau is 
modifying the system to include all individuals placed directly under 
the custody of the Bureau pursuant to 18 U.S.C. 3621 and 5003 (state 
inmates). The sections describing Storage and Safeguards have been 
updated to include new technical improvements, and agency practices, 
including digital recordings and Compact Discs (CDs). Three (3) former 
routine uses have been incorporated into the Purpose Section of the 
Notice. The remainder of the Routine Use section has been modified and 
expanded. The exemptions previously promulgated at 28 CFR 16.97 (a) and 
(b) remain the same.
    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 July 18, 
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: June 5, 2002.
Robert F. Diegelman,
Acting Assistant Attorney General for Administration.
JUSTICE/BOP-004

System Name:
    Inmate Administrative Remedy Record System.

System Location:
    Records may be retained at the Central Office, Regional Offices, or 
at any of the Federal Bureau of Prisons (Bureau) facilities, or at any 
location operated by a contractor authorized to provide computer and/or 
correctional services to Bureau inmates. A list of Bureau facilities 
may be found at 28 CFR part 503 and on the Internet at http://
www.bop.gov.

[[Page 41451]]

Categories of Individuals Covered by the System:
    Current and former inmates, including pre-trial detainees, 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) Inmate information including 
(a) name; (b) register number; (c) institution location; (d) current 
offense and sentence; (e) prior criminal record; (f) social background; 
(g) institution adjustment; (h) institution program data; (i) medical 
information; and (j) personal property data; (2) complaint information 
including copies of BOP-9's (institution level complaints), BOP-10's 
(Region appeals) and BOP-11's (Central Office appeals); and (3) 
processing information, including dates of filing and responses.

Authority for Maintenance of the System:
    The system is established and maintained under authority of 18 
U.S.C. 3621, 4042, 5003, and 28 CFR part 542.

Purpose of the System:
    The Bureau maintains records of the receipt, processing and 
responses to grievances filed by inmates pursuant to the Bureau's 
Administrative Remedy Program, which was established to provide inmates 
with a means to seek formal review of issues relating to conditions of 
their confinement. The related uses for which the Bureau maintains the 
system include (1) to provide a source of information for 
reconsideration or amendment of Bureau policy with regard to its 
operation; (2) to maintain a source of information for purposes of 
defending civil actions filed against the Bureau by inmates; and (3) to 
provide a source of information for statistical reports furnished to 
federal courts for the purpose of determining exhaustion of 
administrative remedies and the effectiveness of the Administrative 
Remedy Program in reducing the backlog of cases filed in federal court.

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 federal, state, local, foreign and international law 
enforcement agencies and officials for law enforcement purposes such as 
civil court actions, regulatory proceedings, responding to an 
emergency, inmate disciplinary proceedings; or for such law enforcement 
needs as prison administration, investigations, and possible criminal 
prosecutions.
    (b) 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;
    (c) To Members 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 record subject;
    (d) 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;
    (e) 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;
    (f) In a proceeding before a court, grand jury, or administrative 
or regulatory body when records are determined by the Department of 
Justice to be arguably relevant to the proceeding;
    (g) 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 and;
    (h) 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 
via a configuration of personal computer, client/server, and mainframe 
systems architecture and may be accessed by only those staff with a 
need-to-know at all Bureau and contractor facilities. Some information 
may be stored in other computerized media, e.g., hard disk, floppy 
diskettes, magnetic tape, digital recordings, Compact Discs (CDs), and/
or optical disks. Documentary records are maintained in manual file 
folders.

Retrievability:
    Documents are indexed by name and/or register number.

Safeguards:
    Automated information is safeguarded in accordance with Department 
of Justice and Bureau of Prisons rules and policy governing automated 
information systems security and access. These safeguards include the 
maintenance of records and technical equipment in restricted areas, 
e.g. controlled access buildings, and the required use of proper 
passwords and user identification codes to access the system. Manual 
records are stored in a file room. All records in Bureau facilities are 
maintained in guarded buildings.

Retention and disposal:
    Automated records in this system are maintained on magnetic medium 
ordinarily for six years from the date created, at which time they will 
be overwritten with new data. Paper documents are maintained for a 
period of three years from expiration of sentence of the inmate, at 
which time they are destroyed by shredding. Indexes are maintained for 
a period of twenty (20) years, at which time they are destroyed.

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

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

Record Access Procedures:
    All requests for records may be made by writing to the System 
Manager identified above, Federal Bureau of Prisons, 320 First Street 
NW., Washington, DC 20534. The envelope should be clearly marked 
``Privacy Act Request.'' This system of records is exempted from access 
pursuant to 5 U.S.C. 552a(j). A determination as to the applicability 
of the exemption to a particular record(s) 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: inmates; individuals covered by the 
system;

[[Page 41452]]

Bureau staff; Federal, State, local, tribal, and foreign law 
enforcement agencies; and Federal/State probation and judicial offices.

Systems Exempted from Certain Provisions of the Act:
    The Attorney General has exempted this system from subsections 
(c)(3) and (4), (d), (e)(2), (e)(3), (e)(4)(H), (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) and have been published in the Federal Register and codified at 
28 CFR 16.97 (a) and (b).

[FR Doc. 02-15297 Filed 6-17-02; 8:45 am]
BILLING CODE 4410-05-P