Department of Justice – Federal Register Recent Federal Regulation Documents

Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), the United States Department of Justice (``Department'' or ``DOJ'') proposes to modify the system of records entitled ``Freedom of Information Act, Privacy Act, and Mandatory Declassification Review Records (DOJ-004),'' last published at 77 FR 16066 (Mar. 19, 2012). DOJ is modifying this notice by removing all references to ``Ombudsman,'' a term used internally within the Office of Information Policy (OIP) for decades, and instead more clearly describing OIP's role as responding to inquiries regarding federal agency compliance with the Freedom of Information Act (FOIA); by revising routine use (f) in order to clarify that records may be provided to the National Archives and Records Administration, Office of Government Information Services (OGIS), for all purposes set forth in 5 U.S.C. 552(h)(2)(A-B) and (3); and by revising one item in the Record Source Categories section to clearly indicate that agencies as well as individuals may be the source of compliance inquiries. The entire notice is being republished for ease of reference.

The Department of Justice is amending its internal organizational regulations to clarify the authority of the respective agency heads of the Bureau of Prisons, the Federal Prison Industries, the United States Marshals Service, the Drug Enforcement Administration, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives to settle claims under the Federal Tort Claims Act.

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 in part its system of records entitled ``Inmate Central Records System, JUSTICE/BOP-005.'' The system notice, which was last published in the Federal Register on May 9, 2002 (67 FR 31371), and modified on January 25, 2007 (72 FR 3410), is now being modified by the Bureau for the reasons set forth below, as well as to reflect the overall modernization and technological changes of the Bureau's electronic information systems, such as SENTRY and BOPWARE, that maintain its inmate central records. The Bureau is making the following modifications: The Bureau clarifies in the ``System Location'' section that the records contained in this system may be located at any authorized Department of Justice location, in addition to the Central Office, Regional Offices, any of the Federal Bureau of Prisons and/or contractor-operated correctional facilities. This clarification is made to describe accurately where records from this system are located, and to reflect that the Bureau may store records at other locations, such as other Bureau administrative offices, or at any authorized Department of Justice locations. The Bureau alters the ``Categories of Individuals Covered by the System'' to include individuals who may be committed to the custody of the Attorney General and/or the Director of the Bureau of Prisons, including those individuals under custody for criminal and civil commitments. The Bureau is modifying and/or adding to the ``Routine Use'' section of the notice as follows: The Bureau makes a minor amendment to more accurately cite a statutory reference in routine use (i), which allows for disclosure to the United States Department of Veterans Affairs (VA), pursuant to 38 U.S.C. 5106, Public Law 94-432, for the purpose of matching the data against VA records to determine the eligibility of Bureau inmates to receive veterans' benefits. The incorrect citation to Public Law 96-385 is removed. The Bureau adds a routine use to clarify Bureau practice in keeping the public informed: Routine use (r) explains that information that is available as a general public record may be disclosed from this system of records, including information such as name, offense, sentence data, current and past institution confinements, and release date to the extent that it does not cause an unwarranted invasion of personal privacy. This routine use is needed in order to allow the release of information that is available as a general public record to members of the public via the Bureau's public Web site or via telephone. The Bureau adds a routine use: Routine use (s), which permits disclosures required by statute or treaty. The Bureau adds a routine use: Routine use (t), which permits disclosures to federal, state or community health care agencies and professionals, including physicians, psychiatrists, psychologists, and state and federal medical facility personnel, who are providing treatment for a pre-existing condition to former federal inmates, and to federal, state, or local health care agencies and professionals for the purpose of securing medical or mental health after-care for current federal inmates. This routine use is needed to permit sharing of information to these entities in order to ensure continuity of inmate medical care. The Bureau adds a routine use: Routine use (u) will permit disclosures to the Department of State (DOS), for the purposes of matching the data against DOS records for detection/prevention of criminal activity under 18 U.S.C. 1544. This routine use was requested by the Department of State in furtherance of their mission and to ensure that inmate identities are not fraudulently misappropriated for criminal/unauthorized passport use. The Bureau makes a slight change in the ``Safeguards'' section to clarify that only those authorized Department of Justice personnel who require access to perform their official duties may access the system equipment and the information in the system. Previously, this section referred to only Bureau staff. The Bureau makes this change to accurately reflect that this system is accessed by other authorized Department of Justice personnel. The Bureau is adding a security classification of ``Unclassified.'' The Bureau clarifies the section ``Policies and Practices for Storing, Retrieving, Accessing, Retaining, and Disposing of Records in the System: Storage'' to account for changes in terminology and updated technology. Specifically, BOP changes ``stored in electronic media'' to ``stored electronically,'' ``client/server'' to ``servers,'' and ``magnetic tapes and/or optical disks'' to ``tape backup systems.'' BOP further clarifies that documentary (physical, ``hard copies,'' paper, etc.) records are maintained in the same method as information maintained in the system or in manual file folders, but that some older records are maintained on microfilm, microfiche, and/or index card files. The Bureau is proposing to exempt this system of records from certain provisions of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k). Although this system of records was previously exempt from certain provisions of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2), the Bureau is seeking additional exemptions pursuant to 5 U.S.C. 552a(j)(2) and adding exemptions pursuant to 5 U.S.C. 552a(k).