Department of Justice November 2005 – Federal Register Recent Federal Regulation Documents

This final rule implements section 102(f) of the Justice for All Act, establishing procedures to promote compliance with crime victims' rights statutes by Department of Justice employees.

Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), the Department of Justice (DOJ), Tax Division, proposes to modify the following systems of records, ``Tax Division Central Classification Cards, Index Docket Cards, and Associated RecordsCriminal Tax Cases, Justice/TAX-001,'' previously published in full on February 20, 1998, (63 FR 8659) and amended on March 29, 2001 (66 FR 17200); ``Tax Division Central Classification Cards, Index Docket Cards, and Associated RecordsCivil Tax Cases, Justice/TAX-002,'' previously published in full on February 20, 1998, (63 FR 8659) and amended on March 29, 2001 (66 FR 17200) ; ``Files of Applications for Attorney with the Tax Division, Justice/TAX-003,'' previously published on September 30, 1977, (42 FR 53390); and to eliminate the system of records, ``Tax Division Special Projects File, Justice/TAX-005,'' previously published on September 30, 1977 (42 FR 53391). Specifically, the proposed Justice/TAX-001 modifications are intended to change the system name; to disclose additional details as to what data is kept in paper-based files and in electronic-based files; to provide additional details as to how access to confidential taxpayer-related information and tax enforcement-related information is managed; to expand the categories of routine uses; to clarify the policies and practices through which the Justice/TAX-001 records are stored and retrieved; and to reflect the adoption of an electronic timekeeping function for Tax Division staff. The proposed Justice/TAX-002 modifications are intended to change the system name; to disclose additional details as to what data is kept in paper-based files and in electronic-based files; to provide additional details as to how access to confidential taxpayer-related information and tax enforcement-related information is managed; to expand the categories of routine uses; and to reflect the adoption of an electronic timekeeping function for Tax Division staff. The proposed Justice/TAX-003 modifications are intended to change the system name, to include non-attorney applications; to disclose additional details as to what type of applicant information is maintained; and to show how access to applicant information is managed. Exemptions from the Privacy Act are claimed for this system of records and a separate Proposed Rule is included for publication in the Federal Register. The proposed deletion of Justice/TAX-005 is intended to eliminate a redundancy: many elements of Justice/TAX-005 system descriptions and the basis for its descriptionscriminal tax enforcementare shared by Justice/TAX-001. Accordingly, the Tax Division believes it is appropriate to add the ``Special Projects'' to the Justice/TAX-001 system name, to incorporate the relevant elements of Justice/TAX-005 into Justice/TAX-001, and to delete Justice/TAX-005 on the effective date of the revised system notice for Justice/TAX-001. Title 5 U.S.C. 552a(e)(4) and (11) provides that the public must be given thirty days in which to comment on proposed new routine use disclosures and other changes as noted above. The Office of Management and Budget (OMB), which has oversight responsibilities under the Act, requires forty days to conclude its review of proposed changes to the current Tax Division Systems of Records embodied in Justice/TAX-001, Justice/TAX-002, and Justice/TAX-003.

This notice sets forth the schedule and proposed agenda of the forthcoming public meeting of the National Advisory Committee on Violence Against Women (hereinafter ``the Committee'').

This notice solicits public comment on three documents created by subcommittees of the Interagency ADR Working Group Steering Committee (``Steering Committee''), a group of federal subject matter experts. The first document, ``Protecting the Confidentiality of Dispute Resolution Proceedings: A Guide for Federal Workplace ADR Program Administrators'' (``Confidentiality Guide''), provides practical guidance to program administrators on the application of the confidentiality provisions of the Administrative Dispute Resolution Act of 1996 (``the ADR Act'' 5 U.S.C. 574) to federal workplace dispute resolution programs. The other two documents (``Supplementation and Annotation documents''), consist of: (1) ``A Guide for Federal Employee Mediators,'' a supplementation and annotation of the 2005 Model Standards of Conduct for Mediators issued by the American Arbitration Association (``AAA''), American Bar Association (``ABA''), and the Association for Conflict Resolution (``ACR''), for use by federal employee mediators; and (2) ``A Guide for Federal Employee Ombuds,'' a supplementation and annotation of the Standards for the Establishment and Operations of Ombuds Offices issued on February 9, 2004 by the ABA, prepared by the Steering Committee in conjunction with the Coalition for Federal Ombudsmen (``CFO'') for use by federal employee ombuds. Complete versions of each of the three documents can be found at http:/ /www.adr.gov/draftguides.html or may be requested in hard copy from Hon. Richard C. Walters at 202-273-6747. The Steering Committee invites all interested individuals or organizations to submit comments on these documents for its consideration before they are posted in final form.

In this document, the Bureau of Prisons (Bureau) revises its rules on Civil Contempt of Court Commitments to include references to relevant D.C. Code provisions regarding civil contempt commitments. We make this revision to accommodate D.C. Code offenders in Bureau institutions or Bureau contract facilities under the National Capital Revitalization and Self-Government Improvement Act of 1997 (D.C. Revitalization Act), D.C. Code section 24-101(a) and (b). We also revise this rule to clarify existing provisions by using simpler organization and language. For further simplification, we remove language relating solely to internal agency practices and procedures. We do not, however, make any substantive changes to the current rules.

In this document, the Bureau of Prisons (Bureau) amends its rules on Good Conduct Time (GCT). The purpose of this rule is to more effectively reduce the lengthy General Educational Development (GED) waiting lists and to reevaluate the ``satisfactory progress in a literacy program'' provision of the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) and/or the Prison Litigation Reform Act of 1995 (PLRA) for aliens with confirmed orders of deportation, exclusion, or removal. This rule will increase the proportion of our literacy funds and resources that go to inmates who will remain in the U.S. after release. This rule will exempt inmate aliens with confirmed orders of deportation, exclusion, or removal from the ``satisfactory progress in a literacy program'' provision of the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) and/or the Prison Litigation Reform Act of 1995 (PLRA). The Bureau's Literacy Program rules formerly comprised only GED attainment. This means that inmate aliens who have confirmed orders of deportation, exclusion, or removal, but do not have a high school diploma or GED, will not need to demonstrate satisfactory progress toward earning a GED credential to be considered for the full benefits of GCT. When considering GCT, we will allow 54 days GCT for each year served if the inmate is an alien with a confirmed order of deportation, exclusion, or removal from the Executive Office for Immigration Review (EOIR). In this document, we also reorganize the rule for clarity and accuracy. Other than the substantive change regarding sentenced deportable aliens, we make no further substantive changes.

The fee to cover the average cost of incarceration for Federal inmates in 2004 was $23,267.