[Federal Register: June 18, 2002 (Volume 67, Number 117)]
[Notices]               
[Page 41452-41453]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn02-94]                         

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DEPARTMENT OF JUSTICE

[AAG/A Order No. 273-2002]

 
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 Safety and Accident 
Compensation Record System, JUSTICE/BOP-008.'' This system, which was 
last published on September 28, 1978 (43 FR 44736), is now being 
modified and will become effective 60 days from the date of 
publication.
    The Bureau is updating the system's locations and 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). Several 
sections have been modified to reflect new technical improvements such 
as digital recordings and Compact Discs (CDs) and new agency practices 
regarding the storage and safeguarding of automated information. The 
entire Routine Use section has been reorganized and expanded to add new 
routine uses. Several previously-published routine uses have been 
incorporated into the Purpose Section of the Notice. The system manager 
has been re-designated. The exemptions from certain provisions of the 
Privacy Act remain the same as previously promulgated and codified in 
28 CFR 16.97(a) and (b).
    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-008

System Name:
    Inmate Safety and Accident Compensation 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 service 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.

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 (a) inmate identification data 
including name, register number, location; (b) information concerning 
inmate accident/injuries sustained during : (1) Work related accidents; 
(2) recreation; (3) vehicle accidents; (4) assaults; and (5) other non-
work-related accidents; and (c) processing data including dates of 
receipt of claims and responses.

Authority for Maintenance of the System:
    The system is established and maintained under authority of 18 
U.S.C. 3621, 4042, 4126, and 5003.

Purpose of the System:
    This system of records is maintained to assist in the processing of 
inmate claims for injuries sustained during (1) work related accidents; 
(2) recreation; (3) vehicle accidents; (4) assaults; and (5) other non-
work-related accidents. In addition, this system provides: (a) 
documented records of inmate accidents and injuries for the purpose of 
measuring safety programs' effectiveness; (b) an information source of 
compliance with the Occupational Safety and Health Act; (c) documented 
records of inmate accidents, injuries, and disabilities for 
adjudication of claims by inmates filed under the Inmate Accident 
Compensation System established pursuant to 18 U.S.C. 4126 and 
regulations contained in 28 C.F.R. Part 301; and (d) background 
information and litigation reports to United States Attorneys for 
purpose of defending civil actions filed against the Bureau.

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) 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 consultant physicians treating inmates following release 
from custody for the purpose of providing medical history in 
conjunction with further treatment of the individual inmate;
    (f) 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;
    (g) 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;
    (h) To a federal, state or local licensing agency or association 
which

[[Page 41453]]

requires information concerning the suitability or eligibility of an 
individual for a license or permit;
    (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 
via a configuration of personal computer, client/server, and mainframe 
systems architecture and may be accessed by those 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 and/or 
on index card files.

RETRIEVABILITY:
    Records may be retrieved by identifying data including name and/or 
register number of inmate and/or claim number generated by the system.

SAFEGUARDS:
    Manual records are stored in locked filing cabinets or in safes and 
can be accessed only by authorized personnel by key or combination 
formula. Automated equipment is kept in secured rooms and can be 
accessed only by authorized personnel through passwords and 
identification codes. All records in Bureau facilities are maintained 
in guarded buildings.

RETENTION AND DISPOSAL:
    Records in this system are retained for a period of two (2) years 
after expiration of sentence. Some records may be transferred into 
another record system: the Inmate Central Records System, JUSTICE/BOP-
005, or the Inmate Physical and Mental Health Record System, JUSTICE/
BOP-007, and some records may be destroyed by shredding and/or 
electronic means.

SYSTEM MANAGER(S) AND ADDRESS:
    Assistant Director, Health Services Division, 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: Individuals covered by the system 
(inmates and former inmates); Bureau staff; hospital and/or medical 
sources; pre-sentence reports; other mental health care agencies' 
observation reports; 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. 02-15298 Filed 6-17-02; 8:45 am]
BILLING CODE 4410-05-P