[Federal Register Volume 60, Number 192 (Wednesday, October 4, 1995)]
[Notices]
[Pages 52013-52014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24612]



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DEPARTMENT OF JUSTICE

[AAG/A Order No. 109-95]


Privacy Act of 1974; New 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 
establish a new system of records entitled, ``Access Control Entry/Exit 
System'' (JUSTICE/BOP-010).
    Title 5 U.S.C. 552a(e)(4) and (11) provide that the public be 
provided a 30-day period in which to comment on the routine uses of a 
new system. 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 November 3, 1995. The 
public, OMB, and the Congress are invited to send written comments to 
Patricia E. Neely, Program Analyst, Systems Policy Staff, Justice 
Management Division, Department of Justice, Washington, DC 20530 (Room 
850, WCTR).
    A description of the system of records is provided below. In 
addition, the Department has provided a report to OMB and the Congress 
in accordance with 5 U.S.C. 552a(r).

    Dated: September 22, 1995.
Stephen R. Colgate,
Assistant Attorney General for Administration.
Justice/BOP-010
    Access Control Entry/Exit System.
    Records may be retained at the Central Office, Regional Offices, 
and at any of the Bureau of Prison (Bureau) facilities. A list of these 
system locations may be found at 28 CFR part 503.
    Current and former staff, inmates now or formerly under the custody 
of the Attorney General or the Bureau, and all visitors to Bureau 
facilities, including law enforcement personnel, contractors, 
volunteers, and inmate visitors.
    Information retrieved and stored by the system may include any 
information relative to providing safe and secure prison facilities, to 
protecting the prison population and/or the general public, and/or, 
where appropriate, to otherwise promoting the interests of effective 
law enforcement. Examples include:
    (a) Identification data (much of which is collected from the 
individual) such as the person's name, current residence, social 
security number, employer, place and date of birth, age, height, 
weight, digital image, biometric identifier information, alien 
registration number, driver's license number, telephone number, 
passport number, system-generated number, hair color, eye color, sex, 
race, escort of visitor into institution, and system classification of 
individual;
    (b) Other data collected from the visitor and/or from law 
enforcement to enable prison officials to determine the suitability/
acceptability of a visitor such as: The purpose of the visit, 
relationship to the inmate and information indicating whether the 
visitor is under investigation by law enforcement and/or has ever been 
convicted of a crime, probation and/or parole status, name of 
supervising probation/parole officer, etc.;
    (c) Records generated by the system to report entry/exit activity 
e.g., date and time of entry/exit, entry/exit locations used; and 
location data, including location in the institution visited and/or 
movement within the institution;
    (d) Any related law enforcement or investigatory data, provided by 
third parties such as inmates, courts, and other Federal, State, local, 
and foreign law enforcement agencies, e.g., criminal history and/or 
investigatory data relating to potential visitors; investigatory data 
otherwise developed by Bureau officials regarding any activity, or 
suspicious activity, which may threaten the safe and secure operation 
of Federal correctional facilities, e.g., remarks describing a possible 
introduction of contraband; and any other information that may enable 
the Bureau to pursue an internal investigation on a record subject.
    This system is established and maintained under the authority of 18 
U.S.C. 3621, 4003, 4042, 4082.
    The records in this system are maintained to better ensure the 
safety, security and good order of Bureau facilities; to improve staff 
ability to quickly account for all persons (inmates, visitors, and 
staff) within an institution in the event of an emergency, such as an 
institution disturbance or a natural disaster; to identify and, where 
appropriate, determine the suitability of visitors with respect to 
entering prison facilities; and, to more effectively prevent violation 
of institution policy and/or criminal activities such as inmate escapes 
and the introduction of contraband. Where these efforts fail to prevent 
such violations, and/or where otherwise appropriate, records may be 
collected and used by the Bureau for internal investigations.
    Relevant data from this system will be disclosed as follows:
    (a) To Federal, State, local and foreign law enforcement agencies 
who have a need for the information to perform their duties, e.g., in 
the course of apprehensions, investigations, possible criminal 
prosecutions, civil court actions, regulatory proceedings, inmate 
disciplinary hearings, parole hearings, responding to emergencies, or 
other law enforcement activity;
    (b) To Federal, State, local and foreign law enforcement agencies 
in order to solicit or obtain data needed by prison officials for law 
enforcement purposes, e.g., to determine whether a visitor may be under 
investigation, have a criminal record, or otherwise be unsuitable to 
visit; or to obtain any information that may enable the Bureau to 
pursue an internal investigation pertaining to any record subject based 
on information developed by the Bureau;
    (c) To the news media and the public pursuant to 28 CFR Sec. 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;
    (d) To 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;
    (e) To the National Archives and Records Administration and the 
General 

[[Page 52014]]
Services Administration in records management inspections conducted 
under the authority of 44 U.S.C. 2904 and 2906;
    (f) To a court or adjudicative body before which the Department of 
Justice or the Bureau is authorized to appear when any of the following 
is a party to litigation or has an interest in litigation and such 
records are determined by the Bureau to be arguably relevant to the 
litigation: (1) The Bureau, or any subdivision thereof, or (2) any 
Department or Bureau employee in his or her official capacity, or (3) 
any Department or Bureau employee in his or her individual capacity 
where the Department has agreed to provide representation for the 
employee, or (4) the United States, where the Bureau determines that 
the litigation is likely to affect it or any of its subdivisions;
    (g) To an administrative forum which may or may not include an 
Administrative Law Judge, or which may or may not convene public 
hearings/proceedings, or to other established adjudicatory or 
regulatory agencies, professional licensing and disciplinary boards and 
commissions, or other appropriate entities with similar or related 
responsibilities, statutory or otherwise, to assist in the adjudication 
of decisions affecting individuals who are the subject of Bureau 
investigations, including decisions to effect any necessary remedial 
actions, e.g., disciplinary and/or other appropriate personnel actions, 
and/or other law enforcement related actions, where appropriate; (To 
protect the privacy of the individual, information provided will be 
sanitized as warranted and/or a protective order may be requested to 
prevent further dissemination.)
    (h) To contractors and subcontractors to the extent necessary to 
perform administrative tasks and/or technical installation and/or 
maintenance operations or other similar contractual duties; and
    (i) To any person or entity to the extent necessary to prevent 
immediate loss of life or serious bodily injury.
    Information maintained in the system is stored in electronic media 
in Bureau facilities via a configuration of personal computer, client/
server, and mainframe systems architecture. Computerized records are 
maintained on hard disk, floppy diskettes, magnetic tape and/or optical 
disks. Documentary records are maintained in manual file folders and/or 
on index card files.
    Records are retrievable by identifying data, including last name, 
inmate register number, system classification category, Social Security 
number, alien registration number, system-generated identification 
number, passport number, employee badge number and/or miscellaneous 
identification number as provided by the visitor and/or other law 
enforcement agencies.
    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 required use of proper passwords 
and user identification codes to access the system. Similarly, paper 
records are stored in secured areas to prevent unauthorized access. 
Only those Bureau personnel who require access to perform their 
official duties may access the records described in this system of 
records.
    Records generated by the system to report entry/exit and internal 
movement activities are retained in accordance with General Records 
Schedule (GRS) 19, All other records in the system of records are 
retained until such time as the records no longer serve the purpose 
described by this system of records. At such time, these records 
(including investigatory records and/or records relating to 
disciplinary hearings and/or other appropriate personnel actions) may 
be incorporated into an appropriate, published system of records with 
an approved retention schedule, or otherwise destroyed. Computerized 
records are destroyed by shredding, degaussing, etc., and documentary 
records are destroyed by shredding.
    Assistant Director, Information, Policy, and Public Affairs 
Division, Federal Bureau of Prisons, 320 First Street NW., Washington, 
DC 20534.
    Inquiries concerning this system should be directed to the System 
Manager listed above.
    All requests for records may be made by writing to the Director, 
Federal Bureau of Prisons, 320 First Street NW., Washington, DC 20534, 
and should be clearly marked ``Privacy Act Request.'' This system is 
exempt, under 5 U.S.C. 552a(j)(2) and (k)(2), from some access. A 
determination as to exemption shall be made at the time a request for 
access is received.
    Same as above.
    Individuals covered by the system; and Federal, State, local and 
foreign law enforcement agencies, and Federal and State probation and 
judicial offices.
    Pursuant to 5 U.S.C. 552a(j)(2), the Attorney General has exempted 
this system from subsections (c) (3) and (4), (d), (e)(1), (e)(2), 
(e)(3), (e) (5), and (8), and (g) of the Privacy Act. In addition, 
pursuant to 5 U.S.C. 552a(k)(2), the Attorney General has exempted this 
system from subsections (c)(3), (d), and (e)(1). 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.

[FR Doc. 95-24612 Filed 10-3-95; 8:45 am]
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