[Federal Register: June 18, 2002 (Volume 67, Number 117)]
[Notices]               
[Page 41453-41455]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn02-95]                         

-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

[AAG/A Order No. 274-2002]

 
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 ``Federal Tort Claims Act Record System, 
JUSTICE/BOP-009.'' This system, as last published on September 28, 1978 
(43 FR 44737), previously covered only those claims submitted to the 
Bureau pursuant to the Federal Tort Claims Act, 28 U.S.C. 2675 (FTCA). 
It is now being expanded to include administrative claims submitted to 
the Bureau pursuant to the Military Personnel and Civilian Employees 
Claims Act, 31 U.S.C. 3721 (CECA), and the Bureau of Prisons Claims 
Act, 31 U.S.C. 3722 (BOPCA). To reflect this change, the system is 
being re-titled ``Administrative Claims Record System, JUSTICE/BOP-
009.'' This system, as now modified, will become effective 60 days from 
the date of publication in the Federal Register.
    Other modifications to the system include updating the system's 
locations, description of the Categories of Records, and the purpose of 
the system. A number of other changes were made to update, clarify and/
or improve other sections. For example, the section describing Storage 
has been modified to include all updated technical improvements, 
including digital recordings and Compact Discs (CDs). The entire 
Routine Use section has been re-organized 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-009

SYSTEM NAME:
    Administrative Claims 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

[[Page 41454]]

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.

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, civilians who are claimants under the Federal Tort Claims 
Act (FTCA), current and former employees who are claimants under the 
FTCA, the Military Personnel and Civilian Employees Claims Act (CECA), 
and the Bureau of Prisons Claims (BOPCA).

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in this system include: (1) Claims and supporting 
documents; (2) personal data regarding the claimant, including name, 
register number (if an inmate or former inmate), address, social and 
criminal background (if applicable), and employment history; (3) 
investigative reports; (4) medical reports; (5) property records; (6) 
litigation reports, pleadings and decisions (7) correspondence; and (8) 
processing data, including dates of receiving and responding to the 
claim.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The system is established and maintained under authority of the 
Federal Tort Claims Act, 28 U.S.C. 2671 et seq. (FTCA); the Military 
Personnel and Civilian Employees Claims Act, 31 U.S.C. 3721 (CECA); and 
the Bureau of Prisons Claims Act, 31 U.S.C. 3722 (BOPCA).

PURPOSE OF THE SYSTEM:
    The purpose of this system is to process and track administrative 
claims submitted to the Bureau under the FTCA, the CECA, and the BOPCA. 
The system is maintained to assist in the processing of these claims 
for personal injury and/or property damages and to provide an 
information source for subsequent litigation concerning these claims in 
United States Courts.

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 the 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;
    (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; and
    (i) To any person or entity to the extent necessary to prevent an 
immediate loss of life or serious bodily injury.

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:
    Documents are indexed by the claimant's name and/or claim 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 proper use of passwords and user 
identification codes to access the system. Automated equipment and 
manual records are stored in guarded buildings and can be accessed only 
by authorized personnel through passwords and identification codes.

Retention and Disposal:
    Information in this system is maintained for twelve (12) years 
after close of case, at which time documentary records are destroyed by 
shredding. Electronic records are erased after ninety (90) days unless 
archived into the case file.

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: claimants; inmates; Bureau staff; 
Federal, State,

[[Page 41455]]

local, tribal, and foreign law enforcement agencies; Federal/State 
probation and judicial offices; Congress; contract and consulting 
physicians, including hospitals; and attorneys for claimants.

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. 02-15299 Filed 6-17-02; 8:45 am]
BILLING CODE 4410-05-P