[Federal Register: September 9, 2002 (Volume 67, Number 174)]
[Notices]               
[Page 57244-57245]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09se02-65]                         


[[Page 57244]]

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DEPARTMENT OF JUSTICE

[AAG/A Order No. 285-2002]

 
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 make a 
minor change to its system of records entitled ``Inmate Administrative 
Remedy Record System, JUSTICE/BOP-004.'' This system, which was last 
published on June 18, 2002 (67 FR 41450), is now being modified and 
will become effective September 9, 2002.
    The Bureau is retaining the majority of the previously published 
Notice and making only one minor technical change in one section. The 
section entitled ``Retention and Disposal'' is being amended to more 
accurately reflect current agency practice. The entire Notice is being 
re-published for the convenience of the public.
    A description of the modified system is provided below.

    Dated: August 29, 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.

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

[[Page 57245]]

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:
    Case files, stored electronically and/or on paper, are maintained 
for a period of three (3) full years from the date the response is 
completed, at which time they are destroyed. 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; 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. 02-22792 Filed 9-6-02; 8:45 am]
BILLING CODE 4410-05-P