Release of Information

By Elizabeth Franklin-Best, Esq., and Christopher Zoukis, JD, MBA

Program Statement 1351.05 at a glance

Field	Value
Program Statement	1351.05, CN-2
Subject	Release of Information
Effective / current edition date	Base Program Statement dated September 19, 2002; Change Notice CN-2 dated March 9, 2016
Change notice	CN-2 (March 9, 2016) amends “Program Statement 1351.05 (CN-1), Release of Information, dated April 2, 2015,” which in turn amended “Program Statement 1351.05, Release of Information, dated September 19, 2002.” Both change notices insert law-enforcement telephone-monitoring text at page 8 of the Program Statement.
Supersedes / rescinds	PS 1351.04, Release of Information (12/5/96)
Governing statute	5 U.S.C. § 552 (FOIA); 5 U.S.C. § 552a (Privacy Act)
Governing regulation (28 C.F.R.)	Part 513, subpart D, §§ 513.30–513.68; Department of Justice rules at part 16, including § 16.10 (fees), § 16.41 (identity), § 16.97 (BOP Privacy Act exemptions)
Related forms	DOJ-361, Certification of Identity — the identity form used when someone else requests your records or you authorize release to a third party
Official PDF	Program Statement 1351.05 CN-2 (43 pp.)

Checked against the BOP policy set · 2026-09-06.

Program Statement 1351.05 is the Bureau of Prisons’ internal instruction for releasing records — it tells staff which requests can be handled at the institution with no paperwork, which have to go to Washington as a Freedom of Information Act request, and what may be withheld. Its most useful feature for a family or a lawyer is not the FOIA machinery at all: it is the rule that most of what is in someone’s central file and medical file can be reviewed on a simple written request to the institution, without filing anything formal.

The parts of this that touch legal rights — what the Bureau may withhold, what a Privacy Act exemption means for records about you, and what to do when access is refused — are covered on our prisoner rights page. This page covers the routing: which request goes where, what it must say, what it costs, and how long the government has to answer.

The rule itself: which request goes where

The heart of this Program Statement is its routing scheme — the division of record requests into three tracks with different offices, different forms and different rules. Getting the track wrong is the reason most requests take a year. The Program Statement prints the governing regulation in brackets and its own implementing instructions in plain text; both appear below.

The three tracks

What you want	Which track	What the rule says	Where it goes
Disclosable records in your own Inmate Central File	Simple institution request	“Inmates are encouraged to use the simple access procedures described in this section to review disclosable records maintained in his or her Inmate Central File, rather than the FOIA procedures … This information is available without filing a FOIA request.” An inmate “may at any time request to review all disclosable portions of his or her Inmate Central File by submitting a request to a staff member designated by the Warden.”	A staff member designated by the Warden, at the institution
Your own medical and dental records	Simple institution request	“[A]n inmate may review records from his or her medical file (including dental records) by submitting a request to a staff member designated by the Warden.”	A staff member designated by the Warden, at the institution
A current Program Statement that contains rules	Institution law library	“For a current Bureau Program Statement containing rules … local access is available through the institution law library.”	Institution law library
A current Program Statement that does not contain rules	Institution request	Inmates “may request that it be placed in the institution law library. Placement of a requested Program Statement in the law library is within the discretion of the Warden, based upon local institution conditions.”	The Warden
Records withheld from you during a central-file review, or records about you not held in the central file or medical file	FOIA	“An inmate may make a request for access to documents in his or her Inmate Central File or Medical File (including documents which have been withheld from disclosure during the inmate’s review of his or her Inmate Central File pursuant to § 513.40) and/or other documents concerning the inmate which are not contained in the Inmate Central File or Medical File. Staff shall process such a request pursuant to the applicable provisions of the Freedom of Information Act, 5 U.S.C. 552.”	Director, Federal Bureau of Prisons, 320 First Street, NW, Washington, D.C. 20534
Your own records after release	FOIA	“Former federal inmates may request copies of their Bureau records by writing to the Director, Federal Bureau of Prisons … Such requests shall be processed pursuant to the provisions of the Freedom of Information Act.”	Same address
Somebody else’s records, with their authorization	FOIA	“A request for records concerning an inmate or former inmate made by an authorized representative of that inmate or former inmate will be treated as in § 513.61, on receipt of the inmate’s or former inmate’s written authorization. This authorization must be dated within three (3) months of the date of the request letter. Identification data, as listed in 28 CFR 16.41, must be provided.”	Same address
Any other Bureau record — a Program Statement, an Operations Memorandum, statistics	FOIA	“Requests for any Bureau record (including Program Statements and Operations Memoranda) ordinarily shall be processed pursuant to the Freedom of Information Act, 5 U.S.C. 552.”	Same address
A Privacy Act request by a person in custody	Converted to FOIA	“Because inmate records are exempt from disclosure under the Privacy Act, (see 28 CFR 16.97) inmate requests for records under the Privacy Act will be processed in accordance with the FOIA.”	Processed as a FOIA request

Source: PS 1351.05 at pp. 17, 21–23, 26–27, 30–31; the bracketed rule text is 28 C.F.R. §§ 513.40, 513.42, 513.43, 513.50, 513.60–513.63. The Program Statement also contains separate provisions for records about Bureau employees, which are outside the scope of this page.

What a FOIA request must contain

Requester	What the rule requires
A person currently in custody	“The inmate requester shall clearly mark on the face of the letter and on the envelope ‘FREEDOM OF INFORMATION ACT REQUEST’, and shall clearly describe the records sought, including the approximate dates covered by the record. An inmate making such a request must provide his or her full name, current address, date and place of birth. In addition, if the inmate requests documents to be sent to a third party, the inmate must provide with the request an example of his or her signature, which must be verified and dated within three (3) months of the date of the request.”
A former inmate	“A former inmate making such a request must provide his or her full name, current address, date and place of birth. In addition, the requester must provide with the request an example of his or her signature, which must be either notarized or sworn under penalty of perjury, and dated within three (3) months of the date of the request.”
An authorized representative	Written authorization from the person, “dated within three (3) months of the date of the request letter,” plus “[i]dentification data, as listed in 28 CFR 16.41”
Everyone	Mark the letter and the envelope “FREEDOM OF INFORMATION ACT REQUEST”; describe the records and the approximate dates
Helpful but not required	“Inmates are encouraged to provide Federal register numbers to assist in properly identifying requested records.”

Source: PS 1351.05 at pp. 26–27 (28 C.F.R. §§ 513.61–513.63).

The Program Statement adds a useful drafting note at page 27: “A request for ‘my records,’ ‘all my records,’ or similar wording shall be interpreted as a request for a copy of Inmate Central File records and Medical File records currently maintained at the inmate’s institution of confinement or, in the case of former inmates, in the last institution of confinement.” That is narrower than most people intend. If you want SENTRY data, disciplinary records held elsewhere, or records from a prior institution, name them.

On identity: 28 C.F.R. § 16.41 provides that a requester “must state the requester’s full name, current address, and date and place of birth” and must sign the request, with the signature “either notarized or submitted by the requester under 28 U.S.C. 1746, a law that permits statements to be made under penalty of perjury as a substitute for notarization.” The Certification of Identity form the Bureau posts for this purpose is DOJ-361, which also carries the optional block authorizing release of your records to another named person.

The fees, then and now

The Program Statement prints a fee schedule that has been superseded. Both columns are set out below because the Bureau’s own document still circulates with the old numbers.

Fee element	What PS 1351.05 states (at pp. 21–22)	What 28 C.F.R. § 16.10 currently provides
Free duplication	“the first 100 pages of duplication (or its cost equivalent)”	“The first 100 pages of duplication (or the cost equivalent for other media)” — except commercial-use requesters
Free search	“the first two hours of search time (or its cost equivalent)”	“The first two hours of search” — except commercial-use requesters
Threshold below which nothing is charged	“charges which total $8.00 or less”	“a total fee … is $25.00 or less for any request, no fee will be charged”
Duplication rate	“$0.10, the current rate set in 28 CFR 16.10”	“five cents per page”
Search — clerical	“$2.25 per quarter hour for clerical staff”	“clerical/administrative—$4.75” per quarter hour
Search — professional	“$4.50 per quarter hour for professional staff”	“professional—$10.00” per quarter hour
Search — managerial	“$7.50 per quarter hour for managerial personnel”	No managerial category exists in the current rule
Fee categories	Not addressed	Requests by “educational institutions, noncommercial scientific institutions, or representatives of the news media are not subject to search fees”; commercial-use requesters pay search, duplication and review; all other requesters pay search and duplication
Who authorizes a search fee	“Fees for searches shall only be assessed with the authorization of the Regional Counsel or the FOIA/PA Administrator in the Office of General Counsel.”	Not addressed in § 16.10

Sources: PS 1351.05 at pp. 21–22; 28 C.F.R. § 16.10 as amended at 82 FR 728, effective February 14, 2017.

The clock

Step	The figure the Program Statement states	The figure current law states
Initial determination on a FOIA request	“A requester must be notified of the decision on his or her request within 10 days after its receipt (excluding Saturday, Sunday, and legal public holidays). Conditions for extension of this time are discussed in 28 CFR 16.1(d).”	5 U.S.C. § 552(a)(6)(A)(i): the agency shall “determine within 20 days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of any such request whether to comply with such request”
Extension in unusual circumstances	Referred to 28 CFR 16.1(d)	§ 552(a)(6)(B)(i): “No such notice shall specify a date that would result in an extension for more than ten working days,” except as provided in clause (ii)
Deadline to appeal an adverse determination	Not stated for FOIA; the Privacy Act sections state “within 30 days of the receipt of the denial”	§ 552(a)(6)(A)(i)(III)(aa): the agency must notify the requester of “the right … to appeal to the head of the agency, within a period determined by the head of the agency that is not less than 90 days after the date of such adverse determination.” 28 C.F.R. § 16.8 sets the Department’s period: an appeal “must be postmarked, or in the case of electronic submissions, transmitted, within 90 calendar days after the date of the response.”
Deadline to appeal a Privacy Act access denial	“within 30 days of the receipt of the denial”	28 C.F.R. § 16.45: “within 90 calendar days after the date of the adverse determination”
Decision on an appeal	Not stated	§ 552(a)(6)(A)(ii): “make a determination with respect to any appeal within twenty days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of such appeal”

Sources: PS 1351.05 at pp. 24, 29–30; 5 U.S.C. § 552(a)(6); 28 C.F.R. §§ 16.8 and 16.45.

Use the current figures, not the Program Statement’s. The 10-day rule the Program Statement quotes is the pre-1996 FOIA period, and the regulation it cites for extensions — 28 C.F.R. § 16.1(d) — no longer exists; the current § 16.1 ends at subsection (c). The regulation the Program Statement implements, 28 C.F.R. § 513.68, says only that “the Bureau strives to comply with the time limits set forth in the Freedom of Information Act,” which sends you back to the statute.

Why a Privacy Act request will not work, and a FOIA request will

This is the single most consequential rule on the page, and it is one sentence: “Because inmate records are exempt from disclosure under the Privacy Act, (see 28 CFR 16.97) inmate requests for records under the Privacy Act will be processed in accordance with the FOIA.” PS 1351.05 at p. 22 (28 C.F.R. § 513.50).

The exemption is real and it is specific. 28 C.F.R. § 16.97(j) provides that the Inmate Central Records System (JUSTICE/BOP-005) “is exempt pursuant to 5 U.S.C. 552a(j) and (k) from subsections (c)(3) and (4); (d); (e)(1), (2), (3), (4)(G), (H), and (I), (5), (8); (f); and (g).” Subsection (d) is the Privacy Act’s access-and-amendment provision — the part of 5 U.S.C. § 552a that would otherwise let you demand your record and demand that errors be corrected. The Department’s stated reason, at § 16.97, is that access and amendment “could jeopardize the legitimate correctional interests of safety, security, and good order of prison facilities,” could identify confidential sources, or could reveal investigative techniques.

Two things follow. First, a Privacy Act amendment request aimed at fixing a factual error in a central file will normally fail on the exemption, though § 16.97 preserves a discretionary waiver: “[w]here compliance would not appear to interfere with or adversely affect the law enforcement process, and/or where it may be appropriate to permit individuals to contest the accuracy of the information collected, the applicable exemption may be waived, either partially or totally, by the BOP.” Second, the working route to the documents is FOIA, which has its own exemptions but not this one.

What the release of information policy means for you

If you are the person inside: start local, not with FOIA

Start local, not with FOIA. The Program Statement’s own program objective is to reduce FOIA requests by pushing people toward institution review, and that works in your favor: most of the central file is reviewable on a written request to a designated staff member, with no fee, no form and no wait in a national queue. The Program Statement lists what counts as disclosable: “documents relating to the inmate’s sentence, detainer, participation in Bureau programs such as the Inmate Financial Responsibility Program, classification data, parole information, mail, visits, property, conduct, work, release processing, and general correspondence.” Ask in writing — a cop-out, BP-A0148 is the right vehicle — and keep the copy.

If something is held back, the Program Statement directs that “staff will provide the inmate with a general description of that information and also will notify the inmate that he or she may file a FOIA request.” That description is what you build the FOIA request around, and withheld material sits in the Privacy Folder of the central file. Note the limit staff work under: “[s]taff shall not discuss with the inmate the types or nature of nondisclosable documents maintained in his or her Privacy Folder.”

Medical records follow a parallel but stricter path under 28 C.F.R. § 513.42. Lab reports containing only scientific results are “ordinarily disclosable,” but records “containing subjective evaluations and opinions of medical staff” go through a staff harm review first, and if anything is withheld “the inmate will be so advised in writing and provided the address of the agency component to which the inmate may address a formal request for the withheld records.”

If you are a family member: why you need a release

You cannot get someone’s Bureau records on your own signature. Under 28 C.F.R. § 513.63 a representative’s request is honored only “on receipt of the inmate’s or former inmate’s written authorization,” and that authorization must be “dated within three (3) months of the date of the request letter.” The form the Bureau posts for this is DOJ-361, Certification of Identity; its optional second block is the authorization to release records to a named person, and it is signed under penalty of perjury.

Two practical notes. The three-month currency rule means an authorization signed in January is no good for a request mailed in June — get a fresh one each time. And the DOJ-361’s citizenship footnote matters: the form states that a Privacy Act request may be made only by “a citizen of the United States or an alien lawfully admitted for permanent residence,” and that requests from others “will be processed as Freedom of Information Act requests.” For someone in Bureau custody that distinction makes no practical difference, because their records are processed under FOIA either way.

If you are counsel: records requests

Three things are worth knowing before you send anything. First, the presentence report is a special case with settled law behind it. The Program Statement cites the controlling decision in its own references at page 3: United States Department of Justice v. Julian, 486 U.S. 1 (1988), where the Supreme Court held that federal inmates may obtain their own presentence reports under FOIA, that Exemption 3 provides no blanket exemption for them, and that “there is good reason to differentiate between a governmental claim of privilege for presentence reports when a third party is making the request and such a claim when the request is made by the subject of the report.” What the Bureau prohibits is separate and narrower: the person may review the PSR but “are prohibited from obtaining or possessing photocopies,” and a mailed copy “will be treated as contraband.”

Second, Privacy Act amendment is generally a dead end for central-file errors because of 28 C.F.R. § 16.97, and the Bureau says so plainly: “Under present Bureau of Prisons regulations, inmates in federal institutions may file administrative complaints on any subject under the control of the Bureau. This would include complaints pertaining to information contained in these systems of records.” In other words the Bureau’s own answer to a records-accuracy dispute is the Administrative Remedy Program, not a Privacy Act amendment demand — which is worth knowing before you spend six months on the wrong instrument.

Third, use the statutory clock rather than the Program Statement’s. Twenty working days to a determination, a ten-working-day extension in unusual circumstances, and 90 calendar days to appeal to the Office of Information Policy under 28 C.F.R. § 16.8. Records obtained this way feed directly into the work on our compassionate release and tort claim pages, both of which run on documents the institution holds.

What changed in the release of information change notices

Two change notices, both about the same thing. CN-1 (April 2, 2015) and CN-2 (March 9, 2016) each insert law-enforcement telephone-monitoring language at page 8 of the base Program Statement. CN-2 is the operative version and it adds a fourth category the 2015 notice did not have. Under CN-2, “ordinarily only transactional data (e.g., date, time, duration of the call) may be disclosed to Federal and state authorities for use in criminal investigations or prosecutions, upon a written request via BP-A0655, Request for Inmate Transactional Data.” Access to the recordings themselves or to transcripts is limited to four situations: an emergency; criminal activity discovered during routine monitoring; a request “through proper process (e.g., written endorsement by a U.S. Attorney or DOJ Criminal Section Chief, in connection with a criminal investigation, grand jury subpoena, or administrative subpoena)”; or — the addition CN-2 made — a request “by the FBI in furtherance of national security investigations, the collection of foreign intelligence information, or any other matter related to domestic or international terrorism.”

The fourth route comes with its own rules and no judicial check: requests must be on FBI letterhead in a standard format, directed to the Chief of the Counter Terrorism Unit and signed by the appropriate Special Agent-in-Charge; they “do not require a subpoena, court order, or any other type of legal process”; and “[t]hey are limited to one year from the date of the request, and they can be renewed for additional one-year periods.” PS 1351.05 CN-2 at pp. 1–2. CN-2 also narrows the U.S. Attorney authorization: it “may only be delegated to an Acting U.S. Attorney when the U.S. Attorney is out of the jurisdiction or otherwise incapacitated” and “cannot be delegated to a First Assistant U.S. Attorney or Criminal Chief.” That is directly relevant to anyone whose recorded calls became evidence — see Inmate Telephone Regulations.

The base policy’s own change, in 2002, was the PSR prohibition. PS 1351.05 rescinded PS 1351.04 (12/5/96) and, in its Summary of Changes at page 6, revised the policy “to prohibit inmates from obtaining and possessing photocopies of their Pre-sentence Reports (PSR) and the Statement of Reasons (SOR) from their Judgment(s) in a Criminal Case,” on the stated ground of protecting people “from being coerced by other inmates to produce their PSRs and SORs for illicit purposes.” Review is still permitted; possession is not, and a mailed copy is contraband. The prohibition does not reach a pretrial defendant preparing for sentencing: “a pretrial inmate may possess and review the PSR in preparation for sentencing. After sentencing, however, the inmate is prohibited from retaining a copy.”

What has changed underneath the policy is the law it implements, and nobody has updated the document. The FOIA response period went from 10 working days to 20 with the Electronic Freedom of Information Act Amendments of 1996; the appeal period became “not less than 90 days” with the FOIA Improvement Act of 2016; the Department’s fee schedule was rewritten at 82 FR 728, effective February 14, 2017; and the regulation the Program Statement cites for extensions, 28 C.F.R. § 16.1(d), was eliminated in the same 2017 rewrite. A policy dated 2002, last touched in 2016 on an unrelated point, states none of that. The current figures are in the tables above.

Where people get stuck filing a Privacy Act request

Filing a Privacy Act request and waiting

It will be converted to a FOIA request and processed accordingly, because the Inmate Central Records System is exempt from the Privacy Act’s access provision under 28 C.F.R. § 16.97. Nothing is lost by the conversion, but time is: the request has to be re-marked and re-routed, and a request marked “PRIVACY ACT REQUEST” that should have said “FREEDOM OF INFORMATION ACT REQUEST” can sit while that happens. Mark it as a FOIA request from the start. If the goal is to correct an error rather than obtain a document, the Privacy Act amendment route is very likely to fail on the same exemption, and the Bureau’s own answer is an administrative remedy.

Asking for “my records”

The Program Statement construes that phrase narrowly — as a request for the central file and medical file “currently maintained at the inmate’s institution of confinement.” Records at a prior institution, at the Designation and Sentence Computation Center, or in a regional office are outside it. Name the record, name the office you think holds it, and give the date range. Adding the register number is expressly encouraged and it speeds identification.

Sending the request to the wrong place

There are two addresses, and the choice depends on the track. Institution review goes to a staff member designated by the Warden. A FOIA request goes to the “Director, Federal Bureau of Prisons, 320 First Street, NW., Washington, D.C. 20534,” under 28 C.F.R. § 513.60, marked on both the letter and the envelope. From there, “[a]ll requests for records under the Freedom of Information Act received by the FOIA/PA Administrator, Office of General Counsel, will be reviewed and may be forwarded to the appropriate Regional Office for proper handling,” and requests for records held at a facility “may be referred to the appropriate staff at that facility.” So the request may travel — which is another reason to describe the record precisely and keep your address current.

Missing the appeal window because the policy says 30 days

The Program Statement’s Privacy Act sections tell requesters they have 30 days to appeal to the Office of Information and Privacy, and give an address — “Suite 570, Flag Building” — that has not been current for years. Both figures are superseded. Under 28 C.F.R. § 16.8 a FOIA appeal is timely if postmarked or transmitted “within 90 calendar days after the date of the response,” and under 28 C.F.R. § 16.45 a Privacy Act access appeal has the same 90-day period. Both go to the Office of Information Policy, whose current contact details are published in the Department’s FOIA Reference Guide, and both regulations now contemplate electronic submission through OIP’s web portal. Mark the appeal “Freedom of Information Act Appeal” or “Privacy Act Access Appeal” as the regulation directs. Where the underlying problem is a records dispute rather than a disclosure dispute, the parallel route is a BP-9 under 28 C.F.R. § 542.14, filed within 20 calendar days.

Related BOP policy on records and disclosure

Page	What it covers
Prisoner rights	What the Bureau may and may not withhold, and what to do when access is refused
Inmate Central File and Records (PS 5800.17)	What is in the central file, what is in the Privacy Folder, and how the file is organized
Medical Records Access (PS 6090.04)	Health information management and the medical-record side of a records request
Administrative Remedy Program (PS 1330.18)	The BP-8 → BP-9 → BP-10 → BP-11 route the Bureau points to for records-accuracy disputes
Inmate Request to Staff (PS 5511.08)	The cop-out, BP-A0148 — the right vehicle for an institution-level records request
Inmate Legal Activities (PS 1315.08)	Legal mail, law library access and attorney communication
Inmate Telephone Regulations (PS 5264.08)	Call monitoring and recording — the subject of this policy’s two change notices
Compassionate Release / Reduction in Sentence (PS 5050.51)	A process that runs on medical records obtained through this one
Federal Tort Claims Act (PS 1320.07)	Another process that runs on institution records and incident documentation

Frequently Asked Questions About FOIA and Privacy Act Requests

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Program Statements 1351.05 and 3293.02 — full text

Two program statements govern this subject, and the Bureau’s own text for both follows, reproduced in full from its published PDFs. The originals are posted by the Bureau of Prisons here: PS 1351.05 (PDF) and PS 3293.02 (PDF).

U.S. Department of Justice Federal Bureau of Prisons

CHANGE NOTICE

OPI: OGC/OGC NUMBER: 1351.05, CN-2 DATE: March 9, 2016

Release of Information

/s/ Approved: Thomas R. Kane Acting Director, Federal Bureau of Prisons

This Change Notice (CN) implements the following change to Program Statement 1351.05 (CN- 1), Release of Information, dated April 2, 2015. This text is inserted into the Program Statement (p.8) and marked with a highlight.

Law Enforcement requests for telephone monitoring information:

For telephone monitoring information concerning inmate telephone calls, ordinarily only transactional data (e.g., date, time, duration of the call) may be disclosed to Federal and state authorities for use in criminal investigations or prosecutions, upon a written request via BP-A0655, Request for Inmate Transactional Data.

Access to inmate telephone conversations that were previously recorded, or copies of the recorded telephone conversations (even when those conversations are yet to be recorded as long as the monitoring and recording is in the ordinary course of BOP duties), or written transcripts, shall only be disclosed to a requesting law enforcement authority when:

(1) requested in an emergency situation; (2) criminal activity is discovered as part of the routine monitoring for prison administration purposes; or (3) requested through proper process (e.g., written endorsement by a U.S. Attorney or DOJ Criminal Section Chief, in connection with a criminal investigation, grand jury subpoena, or administrative subpoena); or

Note: U.S. Attorney authorization may only be delegated to an Acting U.S. Attorney when the U.S. Attorney is out of the jurisdiction or otherwise incapacitated. Authorization cannot be delegated to a First Assistant U.S. Attorney or Criminal Chief, or any other position within the U.S. Attorney’s Office.

(4) requested by the FBI in furtherance of national security investigations, the collection of foreign intelligence information, or any other matter related to domestic or international terrorism.

Note: Requests relating to #4 above must be written on FBI letterhead in a standard format produced in consultation with both the FBI and BOP (facsimile or scanned electronic copies are acceptable), directed to the Chief, Counter Terrorism Unit (CTU), and signed by the appropriate Special Agent-in-Charge.

A request must contain a specific statement indicating it is in furtherance of at least one of the three matters listed above, and provide sufficient information to locate the requested telephone conversations.

FBI requests submitted pursuant to this section do not require a subpoena, court order, or any other type of legal process. They are limited to one year from the date of the request, and they can be renewed for additional one-year periods.

All requests for content of inmate telephone conversations must be directed to the CTU. Institutions provide all required materials outlined in the request to the CTU for delivery to the FBI.

U.S. Department of Justice Federal Bureau of Prisons

CHANGE NOTICE

OPI: OGC/OGC NUMBER: 1351.05, CN-1 DATE: April 2, 2015

Release of Information

/s/ Approved: Charles E. Samuels, Jr. Director, Federal Bureau of Prisons

This Change Notice (CN) implements the following change to Program Statement 1351.05, Release of Information, dated September 19, 2002. This text is inserted into the Program Statement (p.8) and marked with a highlight.

Law Enforcement requests for telephone monitoring information:

For telephone monitoring information concerning inmate telephone calls, ordinarily only transactional data (e.g., date, time, duration of the call) may be disclosed to Federal and state authorities for use in criminal investigations or prosecutions, upon a written request via BP-A0655, Request for Inmate Transactional Data.

Access to inmate telephone conversations that were previously recorded, or copies of the recorded telephone conversations (even when those conversations are yet to be recorded as long as the monitoring and recording is in the ordinary course of BOP duties), or written transcripts, shall only be disclosed to a requesting law enforcement authority when:

(5) requested in an emergency situation; (6) criminal activity is discovered as part of the routine monitoring for prison administration purposes; or (7) requested through proper process (e.g., written endorsement by a U.S. Attorney or DOJ Criminal Section Chief, in connection with a criminal investigation, grand jury subpoena, or administrative subpoena).

Note: U.S. Attorney authorization may only be delegated to an Acting U.S. Attorney when the U.S. Attorney is out of the jurisdiction or otherwise incapacitated. Authorization cannot be delegated to a First Assistant U.S. Attorney or Criminal Chief, or any other position within the U.S. Attorney’s Office.

U.S. Department of Justice Federal Bureau of Prisons

Program Statement

OPI: OGC NUMBER: 1351.05 DATE: 9/19/2002 SUBJECT: Release of Information

PART ONE: [GENERAL PROVISIONS AND PROCEDURES]

1. [PURPOSE AND SCOPE § 513.30. This subpart establishes procedures for the release of requested records in possession of the Federal Bureau of Prisons (“Bureau”). It is intended to implement provisions of the Freedom of Information Act (FOIA), 5 U.S.C. 552, and the Privacy Act, 5 U.S.C. 552a, and to supplement Department of Justice (DOJ) regulations concerning the production or disclosure of records or information, 28 CFR part 16.]

The Freedom of Information Act (FOIA) and the Privacy Act (PA) interact with each other in two areas:

herself, both statutes become potentially applicable;

record through the FOIA, the Privacy Act may prohibit the disclosure of that record unless FOIA requires it.

The determination of what information may be released requires Bureau staff to have a basic understanding of both the FOIA and the Privacy Act, as well as a working knowledge of DOJ and Bureau policy. Bureau staff also should be aware that the Privacy Act establishes criminal penalties and civil liabilities for unauthorized disclosures. The appropriate Regional Counsel shall be contacted when staff are uncertain whether requested information may be disclosed.

Staff shall become familiar with the policy governing release of information, with special emphasis upon those areas with direct application to the employee’s job.

Information requests submitted by the union pursuant to 5 U.S.C. § 7114 will be addressed in accordance with this provision and relevant case law.

[Bold Type – Rules] Regular Type – Implementing Information

PS 1351.05

9/19/2002 Page 2

This Program Statement is divided into four major parts:

Part Page

General Provisions and Procedures 1 Inmate Requests to Institution for Information 12 Privacy Act Requests for Information 21 Freedom of Information Act Requests for Information 25

2. SUMMARY OF CHANGES. This Program Statement is being revised to prohibit inmates from obtaining and possessing photocopies of their Pre-sentence Reports (PSR) and the Statement of Reasons (SOR) from their Judgment(s) in a Criminal Case. The purpose of this prohibition is to protect inmates from being coerced by other inmates to produce their PSRs and SORs for illicit purposes. Inmates will be permitted to review their PSRs and SORs, but cannot obtain or possess photocopies. This revision also introduces a new form which inmates can use to facilitate court review of their PSRs or SORs.

If local procedures are changed, notification to the union and training will be handled in accordance with the Master Agreement.

3. PROGRAM OBJECTIVES. The expected results of this program are:

a. Information will be released to a requester in accordance

with Federal law and the regulations and policies of the U.S. Department of Justice.

b. Inmate Freedom of Information Act requests to the Central

Office will be reduced by increasing the use of institution procedures that provide for inmate review of Bureau policy documents and records in Inmate Central Files.

c. Future litigation pertaining to FOIA/Privacy Act issues

will be reduced.

4. DIRECTIVES AFFECTED

a. Directive Rescinded

PS 1351.04 Release of Information (12/5/96)

b. Directives Referenced

PS 1330.13 Administrative Remedy Program (12/22/95) PS 1480.05 Contacts with News Media (9/21/00) PS 5070.10 Judicial Recommendations and U.S. Attorney Reports, Responses to (6/30/97)

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PS 5270.07 Inmate Discipline and Special Housing Units (12/29/87) PS 5310.12 Psychology Services Manual (8/13/93) PS 5800.10 Mail Management Manual (11/3/95) PS 5800.11 Inmate Central File, Privacy Folder and Parole Mini-Files (9/8/97) PS 6000.05 Health Services Manual (9/15/96)

Public Information Officer’s Handbook (1994)

c. Bureau rules cited in this Program Statement are contained

in 28 CFR 513.30 through 68.

d. Other rules referenced in this Program Statement are

contained in 5 CFR part 297 and 28 CFR parts 16 and 301.

e. United States Code sections cited in this Program Statement

are contained in 5 U.S.C. 301, 552 and 552a; 13 U.S.C.; 18 U.S.C. 3621, 3622, 3624, 4001, 4042, 4081, 4082, 5006, 5024; 28 U.S.C. 509, 510; and 31 U.S.C. 3711(f).

f. Privacy Act Issuances, 1991 Comp., Volume II.

g. United States Department of Justice et al. v. Julian

et al., 108 S.Ct. 1606 (1988).

5. STANDARDS REFERENCED

a. American Correctional Association 3rd Edition Standards for

Adult Correctional Institutions: 3-4020, 3-4095, and 3-4096

b. American Correctional Association 3rd Edition Standards for

Adult Local Detention Facilities: 3-ALDF-1E-04, 1E-05

c. American Correctional Association 2nd Edition Standards for

Administration of Correctional Agencies: 2-CO-1E-06, 1E-07, and 1E-08

6. [LIMITATIONS § 513.31

a. Social Security Numbers. As of September 27, 1975, Social

Security Numbers may not be used in their entirety as a method of identification for any Bureau record system, unless such use is authorized by statute or by regulation adopted prior to January 1, 1975.

b. Employee Records. Access and amendment of employee

personnel records under the Privacy Act are governed by Office of Personnel Management regulations published in 5 CFR part 297 and by Department of Justice regulations published in 28 CFR part 16.]

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7. [GUIDELINES FOR DISCLOSURE § 513.32]

a. [The Bureau provides for the disclosure of agency

information pursuant to applicable laws, e.g. the Freedom of Information Act (5 U.S.C. 552), and the Privacy Act (5 U.S.C. 552a).]

b. Pursuant to 28 CFR part 16, the authority to release or

deny access to records and information is limited to the Director or his or her designee.

c. Bureau staff shall release a Bureau record in response to a

request made in accordance with this rule, unless a valid legal exemption to disclosure is asserted.

! Bureau staff may assert any applicable exemption to disclosure which is provided under the FOIA in 5 U.S.C. § 552(b) or under the Privacy Act in 5 U.S.C. § 552a.

! For a listing of general FOIA Exemptions, see the Exemptions to Disclosure Provided in the Freedom of Information Act (Attachment A).

! For a listing of Bureau systems of records which the Attorney General has exempted from access and disclosure under the Privacy Act, see 28 CFR 16.97.

Questions regarding the applicability of exemptions may be referred to the appropriate Regional Counsel or to the Office of General Counsel.

d. Examples of documents or information which ordinarily may

be withheld from disclosure include the examples which follow. These examples are not intended to represent an all-inclusive list of every situation when FOIA exemptions may apply, nor are the FOIA exemptions cited for each example the only ones which may apply to the examples provided.

(1) Documents or information which could reasonably be expected to constitute an unwarranted invasion of personal privacy, i.e. information that is not “public information.”

! For the applicable FOIA exemptions, see Exemptions 6 and 7 in Attachment A.

! Information concerning an individual inmate is not generally available to FOIA requesters unless the inmate whose records are being sought has given a written consent to the disclosure or unless the

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information has been determined to constitute “public information.” For guidance on what constitutes “public information,” see Public Information (Attachment B).

! Requests by one inmate for public information concerning other inmates must be reviewed very carefully, as prison security concerns may outweigh the right to a FOIA disclosure.

! A denial of such public information to an inmate requester may be done only with the Regional Counsel’s approval, after assessing the risks that disclosure might pose to the safety of the inmate(s) whose records are being sought and to other inmates and staff in the institution. See Section 7.d.(2), below. A high risk of gang-related prison violence is an example of a prison security concern which might justify the withholding of public information about one inmate to another inmate while in custody.

(2) Documents or information which would reveal sources of information obtained through a legitimate expectation of confidentiality or which would otherwise endanger the life or physical safety of any person.

! For the applicable FOIA exemptions, see Exemptions 6 and 7 in Attachment A.

! An example is a statement of an inmate witness made in the context of a current or a completed disciplinary, criminal, or accident investigation. This statement shall not be disclosed to another inmate if such disclosure would endanger the inmate witness.

(3) Documents or information which could disrupt an inmate’s institutional program due to the diagnostic or evaluative opinions contained in the document, and which would likely provoke adjustment difficulties or aggravate existing adjustment difficulties.

! For the applicable FOIA exemptions, see Exemptions 5 and 6 in Attachment A.

(4) Documents or information which would interfere with ongoing law enforcement proceedings, including administrative investigations.

! For the applicable FOIA exemptions, see Exemptions 5 and 7 in Attachment A.

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! While certain investigative information might be disclosed after an administrative investigation is completed, particular care must be exercised regarding disclosure during the course of the investigation. Even after the investigation is completed, personal safety and prison security concerns may outweigh the right to a FOIA disclosure.

! Only the institution staff member the Warden designates as the institution’s Public Information Officer is authorized to make public statements regarding any investigation. For further guidance, see the Program Statement on Contacts with the News Media and the Public Information Officer’s Handbook.

Questions regarding criminal prosecutions, such as the status of a case, shall be referred to the appropriate U.S. Attorney.

(5) Documents or information which, through disclosure of law enforcement techniques, information, or procedures, could reasonably be expected to enable the requester to violate a law, or to threaten the security of a Bureau institution or the safety of any person.

! For the applicable FOIA exemptions, see Exemptions 2 and 7 in Attachment A.

! Some Program Statements and Operations Memoranda, and other documents such as post orders, construction diagrams, etc., may be exempted because disclosing them would pose a threat to institutional security. This may also apply to information contained in investigations and other Bureau reports where law enforcement techniques are described.

8. [PRODUCTION OF RECORDS IN COURT § 513.33. Bureau records are often sought by subpoena, court order, or other court demand, in connection with court proceedings. The Attorney General has directed that these records may not be produced in court without the approval of the Attorney General or his or her designee. The guidelines are set forth in 28 CFR part 16, subpart B.]

Bureau staff who receive such demands shall consult with their Regional Counsel or the Office of General Counsel for advice regarding proper handling of the demand.

9. [PROTECTION OF INDIVIDUAL PRIVACY – DISCLOSURE OF RECORDS TO THIRD PARTIES § 513.34.] Bureau employees must carefully maintain and process all information concerning individuals to ensure that information is accurate, relevant, and timely, and to ensure that no inadvertent disclosure of information is made.

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[a. Information that concerns an individual and is contained in a system of records maintained by the Bureau shall not be disclosed to any person, or to another agency, except under the provisions of the Privacy Act, 5 U.S.C. 552a, or the Freedom of Information Act, 5 U.S.C. 552, and Departmental regulations.]

Staff may disclose information from a Bureau system of records only if one or more of the following criteria apply:

(1) With the written consent of the individual to whom the record pertains. The Release of Information Consent form (BP-S192.013) may be used;

(2) To employees of the DOJ who have a need for the record in the performance of their duties;

(3) If disclosure is permitted under the FOIA, 5 U.S.C. § 552, e.g. “public information”, when the public interest in disclosure of the information outweighs the privacy interest involved;

! For guidance on what constitutes “public information,” see Attachment B.

(4) For a routine use described in the DOJ “Notice of Record System” for the system of records which contains the information, as published in the Federal Register.

! For a list of the Bureau’s systems of records that have been published in the Federal Register, see the Bureau Systems of Records (Attachment C), as updated in

BOPDOCS.

! The published notices for these systems describe the records contained in each system and the routine uses for disclosing these records without obtaining the consent of the person to whom the records pertain. For copies of the published systems notices, see BOPDOCS and/or contact the FOIA/PA section of the Office of General Counsel.

A list of routine uses for records contained in the Inmate Central File is also contained in the Program Statement concerning Central File, Privacy Folder, and Parole Mini-Files.

Routine uses for Bureau systems of records may include the following:

(a) To Federal, state, local and foreign law enforcement officials for law enforcement purposes such as investigations, possible criminal prosecutions, civil court actions, or administrative and regulatory proceedings.

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Law Enforcement requests for telephone monitoring information:

! For telephone monitoring information concerning inmate telephone calls, ordinarily only transactional data (e.g. date, time, duration of the call) may be disclosed to Federal and state authorities for use in criminal investigations or prosecutions, upon a written request via BP-A0655, Request for Inmate Transactional Data.

! Access to inmate telephone conversations that were previously recorded, or copies of the recorded telephone conversations (even when those conversations are yet to be recorded as long as the monitoring and recording is in the ordinary course of BOP duties), or written transcripts, shall only be disclosed to a requesting law enforcement authority when:

(1) requested in an emergency situation;

(2) criminal activity is discovered as part of the routine monitoring for prison administration purposes; or

(3) requested through proper process (e.g., written endorsement by a U.S. Attorney or DOJ Criminal Section Chief, in connection with a criminal investigation, grand jury subpoena, or administrative subpoena); or

Note: U.S. Attorney authorization may only be delegated to an Acting U.S. Attorney when the U.S. Attorney is out of the jurisdiction or otherwise incapacitated. Authorization cannot be delegated to a First Assistant U.S. Attorney or Criminal Chief, or any other position within the U.S. Attorney’s Office.

(4) requested by the FBI in furtherance of national security investigations, the collection of foreign intelligence information, or any other matter related to domestic or international terrorism.

Note: Requests relating to #4 above must be written on FBI letterhead in a standard format produced in consultation with both the FBI and BOP (facsimile or scanned electronic copies are acceptable), directed to the Chief, Counter Terrorism Unit (CTU), and signed by the appropriate Special Agent-in-Charge.

A request must contain a specific statement indicating it is in furtherance of at least one of the three matters listed above, and provide sufficient information to locate the requested telephone conversations.

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FBI requests submitted pursuant to this section do not require a subpoena, court order, or any other type of legal process. They are limited to one year from the date of the request, and they can be renewed for additional one-year periods.

All requests for content of inmate telephone conversations must be directed to the CTU. Institutions provide all required materials outlined in the request to the CTU for delivery to the FBI.

! All requests by law enforcement agencies for access to recordings of inmate telephone conversations shall be referred to Regional Counsel.

(b) To the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of Title 13, United States Code;

(c) To a recipient who has provided the Bureau with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable;

(d) To the National Archives and Records Administration (NARA) as a record which has sufficient historical or other value to warrant its continued preservation by the U.S. Government, or for evaluation by the Administrator of the General Services Administration or his or her designee to determine whether the record has such value;

(e) To either House of the U.S. Congress, or, to the extent of a matter within its jurisdiction, any Congressional committee or subcommittee, any joint committee of Congress or subcommittee of any such joint committee;

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Congressional requests on behalf of constituents for information about inmates:

! Responses to individual members of Congress requesting information on behalf of a constituent are limited to public information unless staff have first obtained the inmate’s express or implied consent to provide a fuller response.

! Written consent from the inmate shall be obtained when practical, using the form BP-S192.013. When this is not practical, staff should consider whether there is implied consent by the inmate. An example of implied consent is a Congressional inquiry which resulted from a letter the inmate sent to the member of Congress and this letter is included with the request from the member of Congress.

! Implied consent may not be inferred when a third party (for example, the inmate’s spouse or parents) initiated the Congressional request for information. In such a situation, only public information (see Attachment B) may be released to the member of Congress without the inmate’s written consent.

Questions regarding appropriate responses to Congressional inquiries shall be directed to the appropriate Regional Counsel or to staff in the FOIA/PA Section of the Office of General Counsel.

(f) Pursuant to an order of a court of competent jurisdiction;

(g) To a requester from appropriate state offices (e.g., state department of corrections, parole board, attorney general) seeking access to records concerning state inmates in Bureau custody.

! Although state inmates are confined in Bureau institutions, they remain state prisoners. A state inmate may receive periodic visits from state correctional and parole officials to review and evaluate his or her status, parole eligibility, and release readiness. To accomplish those purposes, state officials require access to the files of state inmates.

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! Wardens shall ensure that officials of such state offices, who need to review the records, are provided, upon request, access to the complete record of a state inmate in a Bureau institution.

(5) Records Concerning Former Youth Corrections Act (YCA) Inmates. Information on former YCA inmates, including the fact that the person has been confined, shall not be released without Regional Counsel review to determine whether the conviction has been expunged and whether disclosure is appropriate.

[b. Lists of Bureau inmates shall not be disclosed.]

Any request for such lists shall be forwarded to the Office of General Counsel, Central Office.

c. A list of Bureau employees may be generally releasable.

Questions shall be directed to the appropriate Regional Counsel or to the FOIA/PA Section of the Office of General Counsel.

10. [ACCOUNTING/NONACCOUNTING OF DISCLOSURES TO THIRD PARTIES § 513.35. Accounting/nonaccounting of disclosures to third parties shall be made in accordance with Department of Justice regulations contained in 28 CFR 16.52.]

Except for disclosures of information to other DOJ employees, and all components thereof, and except for disclosures required under the FOIA (e.g., public information, as listed on Attachment B), an accounting of disclosures to third parties of any information concerning an individual contained in a Bureau system of records will be made in accordance with the following guidelines:

a. Oral Disclosure

(1) Staff may orally release only public information. When public information is thus disclosed, no accounting is necessary.

! Only in an emergency shall staff orally release non-public information to parties other than DOJ employees.

! Before such an emergency oral disclosure is made, staff shall contact Regional Counsel or the FOIA/PA Administrator. If this is not possible, staff shall inform the Regional Counsel, or the FOIA/PA Administrator at the Central Office as soon as practicable after the disclosure.

(2) Upon oral disclosure of non-public information, a memorandum shall be prepared and retained in the file from which the record is disclosed, or an appropriate notation shall be maintained in the file, attached to the record disclosed.

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This memorandum or notation shall include the following information:

! the date of the disclosure, ! the name and address of the person to whom the record was disclosed and the name of the agency that person represents, if any, ! the purpose of the request for disclosure; and ! identification of the specific record disclosed.

For a form designed to assist staff receiving an oral request for information, see the Record Of Information Release form (BP-S171.013).

b. Written Disclosures. Accounting for a written disclosure

may be made by:

(1) Retaining a copy of the correspondence requesting the information and a copy of the response in the file from which the records are disclosed;

(2) Following the procedure for an accounting of an oral disclosure, as described in Section 10.a., above; or

(3) Developing another method if the method provides, at a minimum, the following information:

! the date of the disclosure; ! the name and address of the person to whom the record was disclosed and the agency that person represents, if any; ! the purpose of the request for disclosure; and ! a general description of the specific record disclosed.

c. Disclosure Record Maintenance. It is the responsibility of

the staff member making a disclosure of non-public information to provide an accurate accounting of that disclosure.

! Accounting records of the disclosure of non-public information shall be maintained for five years or until the record is destroyed, whichever is longer, and will be placed in the privacy folder.

! When records are transferred to the NARA for storage, the disclosure accounting pertaining to those records, other than correspondence, shall be transferred with the records themselves.

! An exemption under 5 U.S.C. § 552a(j) does not relieve the Bureau from the responsibility to account for all disclosures other than those within the DOJ or under the FOIA.

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11. [GOVERNMENT CONTRACTORS § 513.36

a. No Bureau component may contract for the operation of a

record system by or on behalf of the Bureau without the express written approval of the Director or the Director’s designee.

b. Any contract which is approved shall contain the standard

contract requirements promulgated by the General Services Administration (GSA) to ensure compliance with the requirements imposed by the Privacy Act. The contracting component shall have the responsibility to ensure that the contractor complies with the contract requirements relating to privacy.

PART TWO: [INMATE REQUESTS TO INSTITUTION FOR INFORMATION]

12. [INMATE ACCESS TO INMATE CENTRAL FILE § 513.40. Inmates are encouraged to use the simple access procedures described in this section to review disclosable records maintained in his or her Inmate Central File, rather than the FOIA procedures described in §§ 513.60 through 513.68 of this subpart. Disclosable records in the Inmate Central File include, but are not limited to, documents relating to the inmate’s sentence, detainer, participation in Bureau programs such as the Inmate Financial Responsibility Program, classification data, parole information, mail, visits, property, conduct, work, release processing, and general correspondence. This information is available without filing a FOIA request. If any information] (in the disclosable section) [is withheld from the inmate, staff will provide the inmate with a general description of that information and also will notify the inmate that he or she may file a FOIA request.

a. Inmate Review of His or Her Inmate Central File. An inmate

may at any time request to review all disclosable portions of his or her Inmate Central File by submitting a request to a staff member designated by the Warden. Staff are to acknowledge the request and schedule the inmate, as promptly as is practical, for a review of the file at a time which will not disrupt institution operations.]

Further guidance is contained in the Program Statement on Central File, Privacy Folder, and Parole Mini-Files.

When an inmate makes a request to institution staff to review his or her Inmate Central File, he or she shall be advised to make arrangements pursuant to local procedures.

! Because local processing reduces unnecessary FOIA requests, staff shall advise an inmate to make a request for Inmate Central File records to the FOIA/PA Section of the Office of General Counsel only when the inmate wishes to review exempt information.

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! Staff shall not discuss with the inmate the types or nature of nondisclosable documents maintained in his or her Privacy Folder.

Before any document in the Inmate Central File is disclosed to the inmate to whom the documents pertain, or to a third party with the prior written consent of the inmate, the following review shall take place:

(1) Bureau Documents. If the document is a Bureau document (generated by Bureau staff) and is not a court-ordered study, staff are to determine whether the document should be withheld from disclosure under Section 7 of this Program Statement and further guidance set forth below.

! Staff shall place in the inmate’s Privacy Folder any document that is to be withheld from disclosure.

! Staff shall place all other documents in the disclosable portion of the Inmate Central File, which is all of the Inmate Central File except for the Privacy Folder.

Guidelines for some specific Bureau documents are provided below:

(a) Progress Reports. All Progress Reports prepared:

! After October 15, 1974, are subject to release and are to be placed in the disclosable section of the Inmate Central File.

! Between February 15 and October 15, 1974, are subject to release except for the recommendation section, which shall be reviewed for disclosure in accord with Section 7 of this Program Statement.

! Before February 15, 1974, shall be reviewed for disclosure in accord with Section 7 of this Program Statement.

(b) Psychiatric Reports

! A psychiatric report written at the request of the U.S. Parole Commission is subject to release and shall be placed in the disclosable section of the Inmate Central File. This report should be written in non-technical language so that it can be understood by non-professionals.

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! Other psychiatric, psychological, or evaluative reports Bureau staff prepared may also be made available to the U.S. Parole Commission and shall be inserted in the Privacy Folder. A summary of the document must be placed in the Inmate Central File. The summary may be placed in the Progress Report prepared in connection with the inmate’s parole hearing. The summary shall be sufficiently detailed to permit the inmate to respond, at the Parole Hearing, to the substance of the withheld information.

(c) Medical Records. See Section 14 of this Program Statement.

(d) Discipline Records. Discipline records, such as Unit Discipline Committee (UDC) and Discipline Hearing Officer (DHO) packets (including the UDC/DHO report, incident report, notice of hearing, list of inmate rights at UDC/DHO hearing, notice of placement in Administrative Detention, and investigative memoranda), shall be maintained together in the Privacy Folder only if a portion of an investigation or other discipline record contains non-disclosable materials. Copies of all releasable documents shall be placed together in the disclosable section of the Inmate Central File.

(2) Non-Bureau Documents

(a) FBI/National Crime Information Center (NCIC) Information. The NCIC prohibits the Bureau from disclosing NCIC identification records to an inmate.

Procedures for an inmate to request a copy of his or her FBI/NCIC identification record directly from the FBI are contained in 28 CFR 513.10 through 513.12.

(b) Documents from Other Federal Agencies. If a document originates in another Federal agency (including other components of the Department of Justice), it shall be placed in the Privacy Folder, except as provided in section 12, first paragraph (28 CFR 513.40).

When a request for records includes a document from another Federal agency, the document shall be referred to the originating Federal agency for a determination of its releasability (see Attachment D for a suggested format to request disclosure instructions from the originating agency). For documents originating from Federal courts or probation offices, see subsection (d) below.

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(c) Documents from Non-Federal Agencies. If a document has been received from a source outside the Federal government (e.g., a state agency), it shall be placed in the Privacy Folder, except as provided in section 12, first paragraph (28 CFR 513.40).

When a request for records includes a document from a non-Federal agency, Bureau staff must make a determination of its releasability in consultation with the non-Federal organization (see Attachment D). If the originating non-Federal agency recommends non-disclosure, and Bureau staff determine that non-disclosure is appropriate under 28 CFR 513.32, staff shall document the rationale for non-disclosure and place the document in the Privacy Folder.

(d) Documents from Federal Courts and Probation Offices

(1) Federal Presentence Reports (PSR) and Statements of Reasons (SOR) from Judgments in Criminal Cases. For safety and security reasons, inmates are prohibited from obtaining or possessing photocopies of their PSRs, SORs, or other equivalent non-U.S. Code sentencing documents (e.g., D.C., state, foreign, military, etc.). Inmates violating this provision are subject to disciplinary action.

This prohibition applies only to the SOR portion of an inmate’s Judgment in a Criminal Case. The rest of the Judgment document remains releasable unless circumstances or policy dictate otherwise. PSRs and SORs received by mail will be treated as contraband, and handled according to the Mail Management Manual.

This prohibition does not apply to inmates in Bureau of Prisons custody with a need to review their PSRs prior to sentencing. For example, a pretrial inmate scheduled for sentencing may possess and review the PSR in preparation for sentencing. After sentencing, however, the inmate is prohibited from retaining a copy of the PSR.

The Bureau implemented this policy for the following reasons.

regarding the inmates’ government assistance, financial resources, community affiliations, etc.

where inmates pressure other inmates for a copy of their PSRs and SORs to learn if they are informants, gang members, have financial resources, etc.

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are threatened, assaulted, and/or seek protective custody. Likewise, inmates providing PSRs and SORs containing harmful information are faced with the same risks of harm.

Inmates needing a copy of their PSRs or SORs for filing as an attachment in a court case may obtain, complete, and submit to the court an Inmate Request For Certification or Judicial Notice of Pre-sentence Report and/or Statement of Reasons form (BP-S757.013). The form, which includes instructions for completion, must be available to inmates in the housing units and law libraries.

Although prohibited from obtaining or possessing photocopies, federal inmates are entitled under the FOIA to access their own PSRs (see United States Department of Justice v. Julian, 486 U.S. 1 (1988)) and SORs. Inmates must be provided reasonable opportunities to access and review their PSRs, SORs, or other equivalent non-U.S. Code sentencing documents (e.g., D.C., state, foreign, military, etc.). Inmates are responsible for requesting an opportunity to access and review these records with unit staff in accordance with the Program Statement on Inmate Central File, Privacy Folder, and Parole Mini-Files. To facilitate inmate access and review, PSRs and SORs should ordinarily be maintained in the disclosable portion of the central file unless significant safety and security concerns dictate otherwise.

In addition to the above procedures, other provisions of the FOIA may require limiting inmate access to PSRs and SORs. Third party requests for inmate PSRs and SORs should be handled according to Section 29 of this Program Statement.

Staff must maintain PSRs as follows:

! A PSR prepared on or after December 1, 1975, is to be placed in the disclosable portion of the Inmate Central File.

! A PSR prepared before December 1, 1975, is to be returned to the sentencing court with a cover letter indicating that the PSR is being returned based on the Supreme Court’s decision in Julian and the fact that the PSR was not prepared with the expectation of release. No copy of the returned PSR is to be maintained at the institution, although relevant material from the PSR may be incorporated into other documents.

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! Documents which the sentencing court has sealed or otherwise labeled as not disclosable to the inmate must be placed in the privacy folder. Questions regarding such documents should be referred to the Regional Counsel.

(2) Documents Other than Federal PSIs. Generally, documents originating in a Federal court or probation office shall be placed in the Privacy Folder if the documents are clearly marked to indicate that disclosure to the inmate is unadvisable. Other documents, such as a court-ordered study the Bureau prepared, shall be referred to the requesting court for that court’s instructions as to disclosure. A copy of the document shall be maintained in the Privacy Folder until a final determination is made regarding its disclosure.

When Bureau staff reclassify a document from non-disclosable to disclosable, subsequent to any information request encompassing that document, staff shall place the reclassified document in the disclosable section of the Inmate Central File.

[b. Procedures for Inmate Review of His or Her Inmate Central File.

(1) Prior to the inmate’s review of the file, staff are to remove the Privacy Folder which contains documents withheld from disclosure pursuant to § 513.32.

(2) During the file review, the inmate is to be under direct and constant supervision by staff. The staff member monitoring the review shall enter the date of the inmate’s file review on the Inmate Activity Record and initial the entry. Staff shall ask the inmate to initial the entry also, and if the inmate refuses to do so, shall enter a notation to that effect.

(3) Staff shall advise the inmate if there are documents withheld from disclosure and, if so, shall advise the inmate of the inmate’s right under the provisions of § 513.61 to make a FOIA request for the withheld documents.]

28 CFR 513.32 refers to Section 7 of this Program Statement. 28 CFR 513.61 refers to Section 27 of this Program Statement. The Inmate Activity Record refers to form BP-381.

13. [INMATE ACCESS TO INMATE CENTRAL FILE IN CONNECTION WITH PAROLE HEARINGS § 513.41. A parole-eligible inmate (an inmate who is currently serving a sentence for an offense committed prior to November 1, 1987) may review disclosable portions of the Inmate Central File prior to the inmate’s parole hearing, under the general procedures set forth in § 513.40. In addition, the following guidelines apply:]

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28 CFR 513.40 refers to Section 12 of this Program Statement.

[a. A parole-eligible inmate may request to review his or her Inmate Central File by submitting the appropriate Parole Commission form. This form ordinarily shall be available to each eligible inmate within five work days after a list of eligible inmates is prepared.

b. Bureau staff ordinarily shall schedule an eligible inmate

for a requested Inmate Central File review within seven work days of the request after the inmate has been scheduled for a parole hearing. A reasonable extension of time is permitted for documents which have been provided (prior to the inmate’s request) to originating agencies for clearance, or which are otherwise not available at the institution.

c. A report received from another agency which is determined

to be nondisclosable (see § 513.40 (b)) will be summarized by that agency, in accordance with Parole Commission regulations. Bureau staff shall place the summary in the appropriate disclosable section of the Inmate Central File. The original report (or portion which is summarized in another document) will be placed in the portion of the Privacy File for Joint Use by the Bureau and the Parole Commission.

d. Bureau documents which are determined to be nondisclosable

to the inmate will be summarized for the inmate’s review. A copy of the summary will be placed in the disclosable section of the Inmate Central File. The document from which the summary is taken will be placed in the Joint Use Section of the Privacy Folder. Nondisclosable documents not summarized for the inmate’s review are not available to the Parole Commission and are placed in a nondisclosable section of the Inmate Central File.

e. When no response regarding disclosure has been received

from an originating agency in time for inmate review prior to the parole hearing, Bureau staff are to inform the Parole Commission Hearing Examiner.]

14. [INMATE ACCESS TO MEDICAL RECORDS § 513.42

a. Except for the limitations of paragraphs (c) and (d) of

this section, an inmate may review records from his or her medical file (including dental records) by submitting a request to a staff member designated by the Warden.]

Disclosable Bureau medical records include the following:

! Medical and Related Data Sheets (BP-8), although this form has been discontinued, older files may still contain such records), ! Report of Medical History (SF-93 or BP-360),

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! Report of Medical Examination (SF-88), ! Doctor’s Orders (SF-508), and ! Medication Sheets (such as Medications and Treatments, PHS Form 2128, Supplement to SF-510).

[b. Laboratory Reports which contain only scientific testing results and which contain no staff evaluation or opinion (such as Standard Form 514A, Urinalysis) are ordinarily disclosable. Lab results of HIV testing may be reviewed by the inmate. However, an inmate may not retain a copy of his or her test results while the inmate is confined in a Bureau facility or a Community Corrections Center. A copy of an inmate’s HIV test results may be forwarded to a third party outside the institution and chosen by the inmate, provided that the inmate gives written authorization for the disclosure.

c. Medical records containing subjective evaluations and

opinions of medical staff relating to the inmate’s care and treatment will be provided to the inmate only after the staff review required by paragraph (d) of this section. These records include, but are not limited to, outpatient notes, consultation reports, narrative summaries or reports by a specialist, operative reports by the physician, summaries by specialists as the result of laboratory analysis, or in-patient progress reports.

d. Prior to release to the inmate, records described in

paragraph (c) of this section shall be reviewed by staff to determine if the release of this information would present a harm to either the inmate or other individuals. Any records determined not to present a harm will be released to the inmate at the conclusion of the review by staff. If any records are determined by staff not to be releasable based upon the presence of harm, the inmate will be so advised in writing and provided the address of the agency component to which the inmate may address a formal request for the withheld records. An accounting of any medical records will be maintained in the inmate’s medical file.]

Release, review, and accounting of disclosures to inmates and former inmates shall be in accordance with the procedures in the Health Services Manual.

15. [INMATE ACCESS TO CERTAIN BUREAU PROGRAM STATEMENTS § 513.43. Inmates are encouraged to use the simple local access procedures described in this section to review certain Bureau Program Statements, rather than the FOIA procedures described in Sections 513.60 through 513.68 of this Subpart.

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a. For a current Bureau Program Statement containing rules

(regulations published in the Federal Register and codified in 28 CFR), local access is available through the institution law library.

b. For a current Bureau Program Statement not containing rules

(regulations published in the Federal Register and codified in 28 CFR), inmates may request that it be placed in the institution law library. Placement of a requested Program Statement in the law library is within the discretion of the Warden, based upon local institution conditions.

c. Inmates are responsible for the costs of making personal

copies of any Program Statements maintained in the institution law library. For copies of Program Statements obtained under the FOIA procedures described in Sections 513.60 through 513.68 of this Subpart, fees will be calculated in accordance with 28 CFR 16.10.]

28 CFR 513.60 through 513.68 refers to Sections 26 through 34 of this Program Statement.

16. [FEES FOR COPIES OF INMATE CENTRAL FILE AND MEDICAL RECORDS § 513.44. Within a reasonable time after a request, Bureau staff are to provide an inmate personal copies of requested disclosable documents maintained in the Inmate Central File and Medical Record. Fees for the copies are to be calculated in accordance with 28 CFR § 16.10.]

No fee shall be charged for the following:

or

The duplication cost is calculated by multiplying the number of pages in excess of 100 by $0.10, the current rate set in 28 CFR 16.10.

The cost for search time is calculated by multiplying the number of quarter hours in excess of two hours by the following rates set in 28 CFR 16.10 for the staff conducting the search:

Only fees in excess of $8.00 shall be assessed. This means that the total cost must be greater than $8.00, either for the cost of the search (for time in excess of two hours), for the cost of

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duplication (for pages in excess of 100 pages), or for both costs combined.

Examples:

Example 1: If a request is made for information contained on 181 pages and clerical staff were able to locate the documents in less than two hours, the requester would be charged $8.10 ($0.10 per page x 81).

Example 2: If it takes two hours and 30 minutes for clerical personnel to locate the same 181 pages, the requester would be charged a total of $12.60 (a duplication fee of $8.10 plus a $4.50 search fee for the two quarter hours of time in excess of two hours, at $2.25 per quarter hour).

Fees for searches shall only be assessed with the authorization of the Regional Counsel or the FOIA/PA Administrator in the Office of General Counsel. Requesters shall pay fees by check or money order payable to the Treasury of the United States. Fees shall be forwarded to the office assessing the fees.

PART THREE: [PRIVACY ACT REQUESTS FOR INFORMATION]

17. [PRIVACY ACT REQUESTS BY INMATES § 513.50. Because inmate records are exempt from disclosure under the Privacy Act, (see 28 CFR 16.97) inmate requests for records under the Privacy Act will be processed in accordance with the FOIA. See §§ 513.61 through 513.68.]

28 CFR 513.61 through 513.68 refers to Sections 27 through 34 of this Program Statement.

18. PRIVACY ACT REQUESTS BY EMPLOYEES OR FORMER EMPLOYEES. An employee or former employee may make a written request for access to documents in his or her Personnel File and/or other documents concerning the requester which are not contained in the employee’s personnel file but which are maintained in a Bureau system of records. Such a request is processed pursuant to the applicable provisions of the Privacy Act, 5 U.S.C. § 552a, and the FOIA, 5 U.S.C. § 552.

Director Federal Bureau of Prisons 320 First Street NW Washington DC 20534

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and on the envelope “PRIVACY ACT REQUEST,” and shall clearly describe the record sought, including the approximate date covered by the record.

identification data, as listed in 28 CFR 16.41, and may use a Certification of Identity Form (DOJ-361) or self-sworn declaration.

19. PRIVACY ACT REQUESTS ON BEHALF OF AN EMPLOYEE OR FORMER

EMPLOYEE. A request for records concerning an employee or former employee made by an authorized representative of that employee or former employee may be made by writing to the address above. Such requests shall be processed pursuant to the provisions of the Privacy Act.

and on the envelope “PRIVACY ACT REQUEST,” and must describe the record sought, including the approximate dates covered by the record.

are sought is required. See methods of verification listed in 28 CFR 16.41.

20. ACKNOWLEDGMENT OF PRIVACY ACT REQUESTS. Requests for records under the Privacy Act received by the FOIA/PA Administrator, Office of General Counsel, shall be reviewed and may be forwarded to the appropriate Regional Office for handling.

than the Central Office or a Regional Office shall be referred to the appropriate staff at that institution for proper handling.

request by the office with final responsibility for processing the request.

within the time limit set under the governing disclosure statute.

21. REVIEW OF DOCUMENTS FOR PRIVACY ACT REQUESTS. If a document is deemed to contain information exempt from disclosure, any non-exempt sections of the record shall be provided to the requester after deletion of the exempt portions.

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22. LIMITATIONS ON EMPLOYEE RIGHT TO ACCESS UNDER THE PRIVACY

ACT. Under Congressional authority granted to the Attorney General by 5 U.S.C. § 552a(j) and (k), certain systems of records listed at 28 CFR 16.97 and on Attachment C are exempt from access under the Privacy Act of 1974.

Bureau records are also subject to the FOIA exemptions from disclosure listed in 5 U.S.C. § 552(b).

23. DENIAL OF ACCESS AND NOTICE OF APPEAL RIGHTS. If a Privacy Act request for records is denied in whole or in part, a denial letter shall be issued and signed by the Director, or his or her designee, and shall state the basis for denial under 28 CFR 513.32.

that he or she may appeal that decision to the U.S. Department of Justice, Office of Information and Privacy, (OIP) by filing a written appeal within 30 days of the receipt of the denial.

envelope, “PRIVACY APPEAL – DENIAL OF ACCESS,” and shall be addressed to the:

Office of Information and Privacy U.S. Department of Justice Suite 570, Flag Building Washington DC 20530

During the appeal, Bureau staff shall assist OIP staff in the review of contested Bureau documents necessary to resolve the appeal and/or litigation. This review may be coordinated by FOIA/PA staff in the Office of General Counsel or Regional Counsel.

24. CORRECTION OF RECORDS

a. Inmate Requests for Correction. An inmate may submit a

written request for correction of records through the Bureau’s Administrative Remedy Program.

b. Non-inmate Requests for Correction. A person other than an

inmate may request correction of inaccurate, incomplete, or irrelevant information by writing to the Director of the Federal Bureau of Prisons.

! A request for correction must identify the particular record in question, state the correction sought, and set forth the justification for the correction.

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! Both the request and the envelope must be clearly marked “Privacy Act Correction Request.”

c. Bureau Responses

(1) Requests to Correct Bureau Records

(a) Bureau staff may make or deny requests for correction of Bureau records pursuant to procedures contained in 28 CFR 16.50. One basis for denial may be that the records are contained in a Bureau system of records that has been published in the Federal Register and exempted from the Privacy Act’s provisions requiring amendment and correction. Refer to 28 CFR 16.97 for further information.

Inmate Central File Records. Unit staff shall take reasonable steps to ensure the accuracy of challenged information in the Inmate Central File, particularly when the challenged information can be verified.

! Reasonable steps include requiring specific action from the inmate, such as providing documents which support the challenge and/or the names of people to contact regarding the challenged information.

! Once Bureau staff make a determination that the challenged information is incorrect, appropriate notations on the record shall be made to ensure that staff do not use the discredited information to make decisions regarding the inmate.

! Special procedures have been developed when the challenged information involves a PSI Report. See the Program Statement on Inmate Central File, Privacy Folder, and Parole Mini-Files for further information.

(b) Any denial of a request for correction should contain a statement of the reason for denial and notice to the requester that the denial may be appealed to the U.S. Department of Justice, Office of Information and Privacy, by filing a written appeal within 30 days of the receipt of the denial.

The appeal shall be marked on the face of the letter and the envelope, “PRIVACY APPEAL – DENIAL OF ACCESS,” and shall be addressed to the OIP address cited in Section 23 above.

(2) Requests to Correct Records Originated by Other Federal Agencies. Requests for correction of records prepared by other Federal agencies shall be forwarded to that agency for appropriate action and the requester shall be immediately notified of the referral in writing.

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(3) Requests to Correct Records Originated by Non-Federal Source. When the request is for correction of non-Federal records, the requester shall be advised to write to that non-Federal entity.

25. FEES FOR PRIVACY ACT REQUESTS. Fees for copies of records disclosed under the Privacy Act, including fees for an employee’s own records, may be charged in accordance with 28 CFR 16.47.

PART FOUR: [FREEDOM OF INFORMATION ACT REQUESTS FOR INFORMATION]

26. [FREEDOM OF INFORMATION ACT REQUESTS § 513.60. Requests for any Bureau record (including Program Statements and Operations Memoranda) ordinarily shall be processed pursuant to the Freedom of Information Act, 5 U.S.C. 552. Such a request must be made in writing and addressed to the Director, Federal Bureau of Prisons, 320 First Street, NW., Washington, D.C. 20534. The requester shall clearly mark on the face of the letter and the envelope “FREEDOM OF INFORMATION REQUEST,” and shall clearly describe the records sought. See §§ 513.61 through 513.63 for additional requirements.]

28 CFR 513.61 through 63 refers to Sections 27 through 29 of this Program Statement.

27. [FREEDOM OF INFORMATION ACT REQUESTS BY INMATES § 513.61

a. Inmates are encouraged to use the simple access procedures

described in § 513.40 to review disclosable records maintained in his or her Inmate Central File.] 28 CFR 513.40 refers to Section 12 of this Program Statement. Similarly, inmates are encouraged to use the simple access procedures described in Section 15 above to review certain Bureau Program Statements that may be available locally at the institution.

[b. An inmate may make a request for access to documents in his or her Inmate Central File or Medical File (including documents which have been withheld from disclosure during the inmate’s review of his or her Inmate Central File pursuant to § 513.40) and/or other documents concerning the inmate which are not contained in the Inmate Central File or Medical File. Staff shall process such a request pursuant to the applicable provisions of the Freedom of Information Act, 5 U.S.C. 552.

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c. The inmate requester shall clearly mark on the face of the

letter and on the envelope “FREEDOM OF INFORMATION ACT REQUEST”, and shall clearly describe the records sought, including the approximate dates covered by the record. An inmate making such a request must provide his or her full name, current address, date and place of birth. In addition, if the inmate requests documents to be sent to a third party, the inmate must provide with the request an example of his or her signature, which must be verified and dated within three (3) months of the date of the request.]

A request for “my records,” “all my records,” or similar wording shall be interpreted as a request for a copy of Inmate Central File records and Medical File records currently maintained at the inmate’s institution of confinement or, in the case of former inmates, in the last institution of confinement.

Inmates are encouraged to provide Federal register numbers to assist in properly identifying requested records.

28. [FREEDOM OF INFORMATION ACT REQUESTS BY FORMER INMATES § 513.62. Former federal inmates may request copies of their Bureau records by writing to the Director, Federal Bureau of Prisons, 320 First Street, NW., Washington, D.C. 20534. Such requests shall be processed pursuant to the provisions of the Freedom of Information Act. The request must be clearly marked on the face of the letter and on the envelope “FREEDOM OF INFORMATION ACT REQUEST”, and must describe the record sought, including the approximate dates covered by the record. A former inmate making such a request must provide his or her full name, current address, date and place of birth. In addition, the requester must provide with the request an example of his or her signature, which must be either notarized or sworn under penalty of perjury, and dated within three (3) months of the date of the request.]

Former inmates are encouraged to provide Federal register numbers to assist in properly identifying requested records.

29. [FREEDOM OF INFORMATION ACT REQUESTS ON BEHALF OF AN INMATE OR FORMER INMATE § 513.63. A request for records concerning an inmate or former inmate made by an authorized representative of that inmate or former inmate will be treated as in § 513.61, on receipt of the inmate’s or former inmate’s written authorization. This authorization must be dated within three (3) months of the date of the request letter. Identification data, as listed in 28 CFR 16.41, must be provided.]

Requesters are encouraged to provide Federal register numbers to assist in properly identifying requested records.

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30. [ACKNOWLEDGMENT OF FREEDOM OF INFORMATION ACT REQUESTS § 513.64

a. All requests for records under the Freedom of Information

Act received by the FOIA/PA Administrator, Office of General Counsel, will be reviewed and may be forwarded to the appropriate Regional Office for proper handling. Requests for records located at a Bureau facility other than the Central Office or Regional Office may be referred to the appropriate staff at that facility for proper handling.

b. The requester shall be notified of the status of his or her

request by the office with final responsibility for processing the request.]

31. [REVIEW OF DOCUMENTS FOR FREEDOM OF INFORMATION ACT REQUESTS § 513.65. If a document is deemed to contain information exempt from disclosure, any reasonably segregable portion of the record shall be provided to the requester after deletion of the exempt portions. If documents, or portions of documents, in an Inmate Central File have been determined to be nondisclosable by institution staff but are later released by Regional or Central Office staff pursuant to a request under this section, appropriate instructions will be given to the institution to move those documents, or portions, from the Inmate Privacy Folder into the disclosable section of the Inmate Central File.]

32. [DENIALS AND APPEALS OF FREEDOM OF INFORMATION ACT REQUESTS § 513.66. If a request made pursuant to the Freedom of Information Act is denied in whole or in part, a denial letter must be issued and signed by the Director or his or her designee, and shall state the basis for denial under § 513.32. The requester who has been denied such access shall be advised that he or she may appeal that decision to the Office of Information and Privacy, U.S. Department of Justice, Suite 570, Flag Building, Washington, D.C. 20530. Both the envelope and the letter of appeal itself should be clearly marked: “Freedom of Information Act Appeal.”] 28 CFR 513.32 refers to Section 7 of this Program Statement. During the appeal and any subsequent litigation, Bureau staff shall assist DOJ staff, including OIP staff, in reviewing contested Bureau documents necessary to resolve the appeal and/or litigation.

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33. [FEES FOR FREEDOM OF INFORMATION ACT REQUESTS § 513.67. Fees for copies of records disclosed under the FOIA, including fees for a requester’s own records, may be charged in accordance with Department of Justice regulations contained in 28 CFR 16.10.]

See further description of fees in Section 16 above.

34. [TIME LIMITS FOR RESPONSES TO FREEDOM OF INFORMATION ACT REQUESTS § 513.68. Consistent with sound administrative practice and the provisions of 28 CFR 16.1, the Bureau strives to comply with the time limits set forth in the Freedom of Information Act.]

Staff processing requests for release of information under the FOIA are expected to be familiar with the provisions of 28 CFR 16.1(d), as follows:

request within 10 days after its receipt (excluding Saturday, Sunday, and legal public holidays). Conditions for extension of this time are discussed in 28 CFR 16.1(d).

approximate order of receipt, unless the requester shows exceptional circumstances exist to justify an expedited response. Examples of exceptional circumstances which might justify an expedited response include the following:

! a threat to life or safety,

! the loss of substantial due process rights, or

! in cases of widespread and exceptional interest to the media, and upon approval of DOJ’s Office of Public Affairs, possible questions about the Government’s integrity which affect public confidence.

Because a decision to take a FOIA request out of order delays other requests, simple fairness demands that such a decision be made only upon careful scrutiny of truly exceptional circumstances.

! Regional Counsel shall follow DOJ guidelines as to whether to expedite a particular request because it fits into one of the first two exceptions described above.

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! Requests which are being considered for expedited processing because of the last exception described above shall first be sent through the FOIA/PA Administrator to the General Counsel for obtaining DOJ approval.

35. TRANSITION. Inmates must remove any copies of PSRs and SORs as listed in Section 12.a.(2)(d)(1) they currently possess no later than 45 days after the effective date of this PS. Each inmate must inspect his or her personal property for photocopies of these documents and then dispose of them.

Inmates possessing these documents when this transition period expires will be subject to disciplinary action for possession of contraband.

Inmates may dispose of their PSRs and SORs by any of the following methods:

! Mailing the documents out of the institution to someone of the inmate’s choosing;

! Destroying or discarding the PSRs or SORs themselves; or

! Delivering them to a staff member for destruction.

/s/ Kathleen Hawk Sawyer Director

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DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS

EXEMPTIONS TO DISCLOSURE PROVIDED IN

THE FREEDOM OF INFORMATION ACT

1. The Freedom of Information Act (5 U.S.C. § 552) provides generally for the disclosure of agency records. Section 552(b) exempts from mandatory disclosure matters that are –

“(1) (A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) are in fact properly classified pursuant to such Executive order;

(2) related solely to the internal personnel rules and practices of an agency;

(3) specifically exempted from disclosure by statute (other than section 552b of this title), provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld;

(4) trade secrets and commercial or financial information obtained from a person and privileged or confidential;

(5) inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency;

(6) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;

(7) records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information

(A) could reasonably be expected to interfere with enforcement proceedings,

(B) would deprive a person of a right to a fair trial or an impartial adjudication,

(C) could reasonably be expected to constitute an unwarranted invasion of personal privacy,

(D) could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution which

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furnished information of a confidential basis, and, in the case of a record or information compiled by a criminal law enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source,

(E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or

(F) could reasonably be expected to endanger the life or physical safety of any individual;

(8) contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or

(9) geological and geophysical information and data, including maps, concerning wells.

2. Any reasonably segregable portion of a record shall be provided to any person requesting such record after deletion of the portions which are exempt under this subsection.”

3. Under 5 U.S.C. § 551, Federal “agency records” are defined not to include records of

(1) the Congress;

(2) the courts of the United States;

(3) the governments of the territories or possessions of the United States; or

(4) the government of the District of Columbia.

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DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS

Attachment B, Page 1

STAFF:

PUBLIC INFORMATION

Name Position Title (past and present) Grade (past and present) Salary (past and present) Duty Station (past and present) Duty Station Address (past and present)

INMATES:

See list provided in the Program Statement on News Media Contacts and the Public Information Officer’s Handbook (PIO Handbook).

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PUBLISHED SYSTEMS OF RECORDS

————————————————————–

001 Custodial/Security Record System 09/28/78 002 FOIA Record System 09/17/77 003 Industrial Inmate Employment Record System

09/28/78 004 Inmate Administrative Remedy Record System

09/28/78 005 Inmate Central Records System 06/07/84 006 Inmate Commissary Accounts Record System

09/17/77 007 Inmate Physical/Mental Health Record System

09/28/78 008 Inmate Safety/Accident Compensation Record System

09/28/78 009 Federal Tort Claims Act Record System 09/28/78 010 Access Control Entry/Exit System 10/04/95 011 Telephone Activity Record System 04/21/95

012 Office of Internal Affairs Investigative Record System 08/29/95

101 NIC Technical Assistance Resource Persons Directory 04/18/83

102 NIC Field Readers List 04/18/83

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(Date) Re: Our Reg. No: Docket No:

Dear ,

Please advise us as to whether the attached document(s) prepared by your agency may be (1) disclosed to the above inmate and (2) used with respect to the inmate’s parole hearing(s).

Disclosure of information contained in an inmate’s prison files is governed by a variety of Federal laws, principally the Freedom of Information Act (5 U.S.C. § 552) and the Privacy Act (5 U.S.C. § 552a). Guidelines for the implementation of these laws are given below.

GUIDELINES FOR DISCLOSURE TO A FEDERAL PRISON INMATE

Upon an inmate’s request, materials in that inmate’s files will be disclosed to that inmate unless there is a legal exemption to such disclosure. Typical examples of documents which may be withheld are those which, if disclosed, might –

a. constitute a clearly unwarranted invasion of personal

privacy;

b. reveal sources of information obtained upon a legitimate

expectation of confidentiality or otherwise endanger the life or physical safety of any person;

c. lead to a serious disruption of the subject inmate’s

institutional program, due to the diagnostic or evaluative opinions contained in the document, and which could likely affect the inmate’s clearly documented adjustment difficulties;

d. interfere with ongoing law enforcement proceedings,

including administrative investigations; or

e. enable the requestor to violate any law or threaten the

security of a Federal Bureau of Prisons institution through disclosure of law enforcement techniques or procedures.

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GUIDELINES FOR DISCLOSURE FOR USE AT THE INMATE’S PAROLE HEARING

A Federal prison inmate must be provided reasonable access to reports or documents to be used by the Parole Commission in making its parole release determination. The Commission, of course, wants to use all the information in the documents you prepare. If you determine that some information may not be disclosed, in accordance with the guidelines listed above, you must prepare a summary of excluded information if it is to be used by the Parole Commission. This summary, as well as the disclosable portions of the document, will then be available to the inmate, and the Commission thereby be permitted to review the entire document. The summary need only be phrased in general terms to enable the inmate to respond to the essential allegations made in excluded material. It should not reveal specific information which might compromise a legitimate need for confidentiality.

OPTIONS FOR DISCLOSURE OF INFORMATION

There are three options which exist under Federal law with respect to disclosure to the inmate and to the U.S. Parole Commission of the information prepared by your agency.

Option 1 – You may authorize complete disclosure of the document. The document is available for inmate review and copying. Court disclosure instructions, if any, will be followed.

Option 2 – You may recommend exclusion of a portion or all of the document from disclosure. Please identify the part(s) of the document you consider exempt form disclosure and prepare an adequate summary of the excluded material. The Federal Bureau of Prisons will review the reasons given in accordance with the guidelines listed in this letter. If at least one of the guidelines is met, both the summary and the disclosable portion of the document, if any, will be available to the inmate. If the Federal Bureau of Prisons determines the document to be entirely disclosable, the document will be returned to you, and no copy will be retained by the Federal Bureau of Prisons or for release to the U.S. Parole Commission or to the inmate.

Option 3 – You may refuse to authorize disclosure of the document, or a summary in any form to the inmate. If this option is selected, please provide a memorandum detailing reasons for non-disclosure. The Federal Bureau of Prisons will review the reasons given in accordance with Bureau policy and the guidelines listed in this letter. If at least one of the guidelines is met, the document will be placed in the Inmate Privacy Folder and will not be available for release either to the inmate or to the U.S.

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Parole Commission. If the Federal Bureau of Prisons considers the document disclosable, the document will be returned to you, and no copy will be retained for use by the Federal Bureau of Prisons. Please consider carefully before choosing this option.

We appreciate your review of the attached documents with respect to their disclosure. We have enclosed a form for your response. Thank you for you cooperation.

Sincerely,

Warden

Attachments

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(Date) To: Warden: Institution:

FROM: (Authorized Agency Representative) (Agency)

SUBJECT: Disclosure of Information to Federal Inmate and to U.S. Parole Commission

This replies to your (date) letter in which you forward to us, and ask that we review, certain document(s) prepared by our agency to determine whether the document(s) may be disclosed to the Federal inmate involved and the U.S. Parole Commission.

Document(s):

The following action may be taken with respect to these documents:

1. Complete disclosure of the document(s) is (are) authorized.

The document may be made available for inmate review and copying.

2. The following portion(s) of the document(s) is (are) to be excluded on the basis that if disclosed, it might –

constitute a clearly unwarranted invasion of personal privacy;

reveal sources of information obtained under a legitimate expectation of confidentiality or otherwise endanger the life or physical safety of any person;

lead to a serious disruption of the subject inmate’s institutional program, due to the diagnostic or evaluative opinions contained in the document, and which it could likely affect the inmate’s clearly documented adjustment difficulties;

interfere with ongoing law enforcement proceedings, including administrative investigations; or

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enable the requester to violate any law or threaten the security of a Federal Bureau of Prisons institution through disclosure of law enforcement techniques or procedures.

Other: (specify) A summary of the excluded material is attached.

3. Neither the document nor a summary of the document is to be disclosed in any form to the inmate.

U.S. DEPARTMENT OF JUSTICE Federal Bureau of Prisons

PROGRAM STATEMENT Personnel Records and Files Approved by

William K. Marshall III Director, Federal Bureau of Prisons OPI HRM Number 3293.02 Date May 7, 2026

Summary of Changes Program Statement Rescinded:

• 3293.01 Personnel Records and Files (7/25/2017) Changes:
• Removed the term “CPU” from Section 3.e.
• Updated reference under Responsibilities in Section 4.c.
• Updated time and attendance retention time frame under Timekeepers & Timekeyers in Section 4.c.
• Added “(or equivalent)” to OPM Form 71, Request for Leave or Approved Absence references.
• Removed attachments, Minimum Reports Requirements for Human Resource Offices and BP-A1096, Pre-Exit Clearance Form, and added reference these documents can be located on the Bureau’s intranet site.

1. PURPOSE AND SCOPE

To provide procedures and responsibilities for:

• the clearance of separating staff,
• personnel records, and
• time and attendance (T&A) reporting.

a. Program Objectives.

• Outstanding property obligations and financial indebtedness to the Bureau of Prisons (Bureau) will be addressed prior to a staff member’s separation.
• Communicate the requirements for the establishment, maintenance, and availability of staff electronic personnel records.
• Communicate the requirements for the processing of T&A data.

b. Institution Supplement. None.

2. CLEARANCE PROCEDURES

This section prescribes responsibilities and procedures for the clearance of all outstanding property obligations and financial indebtedness to the Bureau prior to a staff member’s resignation, transfer, retirement, or any other type of separation from the Bureau or reassignment to another duty location.

Procedures. Staff departing from a duty station are responsible for identifying, returning, or accounting for all accountable items received from the Bureau during the course of their employment, excluding wearable items (e.g., foul weather gear and shoes). The Human Resource Office (HRO) will ensure a departing staff member completes the BP-A1096, Pre-Exit Clearance Form, which can be found on the Bureau’s intranet site in the BOP Forms Directory, during the clearance process and certify all required clearances have been obtained by the staff member on or before the last day of duty. If the staff member does not complete the form, the HRO will document this on the form in the signature block. Certified BP-A1096, Pre-Exit Clearance Forms will be destroyed 1 year after date of separation or transfer, but longer retention is authorized if required for business use.

3. PERSONNEL RECORDS AND FILES

The following regulations and instructions are for establishment, maintenance, availability, and disposition of the electronic Official Personnel Folder (eOPF) and the Employee Performance File (EPF).

a. Custodians of Personnel Records. The Office of Personnel Management (OPM) has

government-wide responsibility for the overall personnel recordkeeping system, including policies and standards, however, it is not automatically the custodian of every individual eOPF. Instead, the agency that employs the person and has primary access to that individual’s eOPF acts as the custodian of the personnel records while the person is employed.

b. Location of Records. Personnel records for current Bureau staff are stored electronically in a secure central repository maintained by OPM.

c. Forwarding Files Outside the Bureau of Prisons. When a staff member moves to another

federal agency, the eOPF must be sent to the gaining agency. In addition, performance records that are four years old or less (five years old or less for Senior Level [SL] and Senior Executive

Service [SES]), and eOPFs for separated staff must be forwarded to the National Personnel Records Center (NPRC).

d. Staff Access and Availability to Information. All staff will be provided with electronic

access to their official personnel and performance records, which will be made available during work hours at all Bureau locations. Upon request, staff, recently separated staff, or designated representatives may receive eOPF documents by contacting the servicing HRO. Documents will be provided upon verification of identity or appropriate authorization.

e. Response To Subpoenas. The servicing HRO will be guided by 5 CFR 297.402 and The

Guide to Personnel Recordkeeping (U.S. Office of Personnel Management [OPM]) in responding to a subpoena for personnel records. All subpoenas will be referred to the Office of General Counsel for guidance.

f. Sensitive Personnel Information. Any document which has an individual’s Social Security

number is regarded as “Sensitive But Unclassified” (SBU) and must be physically safeguarded against unauthorized use and disclosure. SBU information will be handled in accordance with the Program Statement Information Security.

g. Access to Staff Records. Only Human Resources staff may have access, maintain, or

process any forms or records pertaining to staff. All functions involved in handling staff records must be performed by a civilian staff member of the Bureau.

h. Information Available to the Public. The following information is in the public domain and

may be released without the staff member’s authorization:

• Name
• Present title, series, grade, salary, duty station
• Past titles, series, grades, salaries, duty stations
• Position description
• Performance standards (not performance rating)

i. Release of Information With/Without the Staff Member’s Consent. Information

concerning performance, attendance, conduct, or work quality of a staff member or former staff member may be released with the signed written consent of the staff member or former staff member. Any information provided must be specific, factual, and well documented by the records. Authorized officials and others who receive inquiries must be careful not to offer unsubstantiated opinion or comments.

The staff member’s consent is not required to provide this information when the information is subpoenaed, court ordered or subject to production by the Agency in the course of an official

investigation and/or litigation, in accordance with the Privacy Act of 1974. In addition, applying for a position implies consent from the staff member to release information.

j. Restricted Information. Information regarding any phase of the pre-employment screening

process or background investigations should not be disclosed to anyone except Bureau, Department of Justice (DOJ), or OPM officials involved in making suitability or qualification determinations or conducting an official investigation. Disclosure of such information within the Bureau is restricted to those who need to know the information in order to perform their official duties.

k. Release of Information Concerning Staff Termination. Information concerning former

staff who were terminated or removed from their position is particularly sensitive. Release of such information, even with the written consent of the former staff member, must be specific, factual, and well supported by the records. Because probationary staff have limited appeal rights, and therefore little chance to refute allegations against them, and because the reason for termination is not normally documented in the eOPF, the reason for probationary staff terminations should not be disclosed outside the Bureau, unless required by law.

Occasionally, the Bureau agrees to resolve an adverse action appeal by accepting the staff member’s resignation in lieu of removal and agreeing to provide a “neutral” reference to prospective employers. HRO officials responding to requests for information in these cases must be especially mindful of these agreements and ensure the terms of the agreement are met. HRO officials will direct supervisors and others who may receive inquiries in these cases, to refer inquiries to the HRO for response.

l. Questions and Complaints. Staff who believe their personnel records contain inaccurate

information should attempt to resolve the discrepancies with their servicing HRO. If the matter is not resolved at that level, it may be referred to the Regional Human Resource Administrator (RHRA) and/or the Chief, Human Resource Service Center (HRSC). Requests for correction of records must be handled in accordance with 5 CFR 297.301.

Complaints or appeals regarding the disclosure or withholding of personnel information may be referred to the Chief, HRSC, or processed under the appropriate grievance procedures.

4. TIME AND ATTENDANCE

This section outlines the requirements and responsibilities associated with the National Finance Center’s (NFC) Time and Attendance (T&A) reporting for the processing of T&A data.

a. T&A Transmission Time Frames. T&As should be completed and sent to the NFC by the

close of business on the Monday following the pay period.

b. Responsibilities. The requirements and responsibilities involved in the proper processing of T&A reports are defined in the Department of Justice HR Order DOJ1200.1: Part 12, Time and Attendance Reporting, Chapter 12-1, Time and Attendance Reporting (August 26, 2002). It is essential that Executive Staff, managers, supervisors, timekeepers/timekeyers, and staff are knowledgeable about their role in the T&A process.

• Chief Executive Officers (CEO). CEOs or their designees must approve, in advance, the granting of overtime and compensatory time. In addition, the CEO or designee will delegate responsibility for T&A reporting.
• Supervisors. Responsible for:
  • Being aware of existing leave policy and regulations published in DOJ Order 1630.1B, ensuring staff understand leave policy and regulations, and exercising fair and honest enforcement of policy and regulations.
  • Designating timekeepers and alternates, typically administrative staff in a department, and notifying the HRO in writing of any change in timekeepers.
  • Providing timekeepers with necessary documentation concerning staff T&As during the pay period. Supervisors should also ensure documentation pertaining to corrected/amended T&As is submitted to the timekeeper/timekeyer.
  • Ensuring staff do not certify their own T&A records.
  • Certifying accurate T&A records for assigned staff and ensuring adequate T&A documentation is maintained to support the entries made.
  • Ensuring leave errors are promptly resolved and any adjustments are documented. If necessary, leave audits should be performed when correcting leave discrepancies and must be certified by the supervisor. When leave audits are not conducted, a memorandum signed by the supervisor must be filed in the T&A folder detailing the reason adjustments were made.
  • Ensuring staff are aware of their responsibilities.
• Human Resource Manager. Responsible for:
  • Ensuring supervisors, timekeepers, and timekeyers are trained annually in both keying and the recording of T&A.
  • Ensuring timekeyers do not approve or send their own T&A to NFC, as directed by OMB Circular A-123.
  • Ensuring T&A data is sent to the NFC each pay period.
  • Ensuring appropriate T&A reports are maintained each pay period and verifying the accuracy and completeness of the T&A data processed. See, Minimum Reports Requirements for Human Resource Offices, on the Consolidated Processing Unit page of the Bureau’s intranet site.
  • Ensuring T&A files are forwarded to the receiving HRO upon staff transfer within the Bureau.
  • Providing timekeepers with accurate staff member, leave, and accounting data.
  • Ensuring a representative sample of each department’s T&A files is reviewed annually, and appropriate corrective measures are taken to remedy discrepancies. It is

recommended the review of T&A files includes 10 percent of Wage Grade staff, 10 percent of staff on compressed work schedules, 10 percent of Correctional Services staff, all timekeyers and timekeepers, and three percent of random staff from other departments.

• Ensuring adjustments to leave balances are sufficiently documented (e.g., leave audit, memorandum, screen prints) and a clear audit trail exists to explain any adjustments.

• Timekeepers and Timekeyers. Responsible for:
  • Accurately recording and keying T&A data for staff assigned to them. This may include recording their own time as well as the time of their immediate supervisors.
  • Ensuring leave audits or adjustments are certified by the supervisor. The audit certification and supporting documentation should be maintained in the T&A file. A copy should also be provided to the HRO.
  • Upon request, promptly providing a copy of the signed/certified T&A report to the staff member.
  • Maintaining a T&A file for each assigned staff member. The file should include the certified Timesheet Summary, worksheet, daily roster, or the top portion of the T&A must contain the work schedule. Departments with various tours of duty may use separate duty rosters as documentation. All other supporting documentation (e.g., OPM Form 71, Request for Leave or Approved Absence [or equivalent], BOP-A0369, Overtime Authorization, Request for Compensatory Time Off for Travel, etc.) will be maintained in the staff member’s T&A file. If a staff member transfers within the Bureau, T&A records must be sent to the HRO for forwarding to the new duty location. T&A records for all staff must be maintained for three years, or after a Government Accountability Office (GAO) audit, whichever is sooner.
• Staff. Responsible for:
  • Providing timekeepers with an OPM Form 71 (or equivalent) or supporting documentation, regardless of the type of leave, or confirming leave taken by initialing the T&A report when an approved OPM Form 71 (or equivalent) is not on file. OPM Form 71s (or equivalent) are required for leave of five days or more.
  • Reviewing their Earnings & Leave Statement (E&L Statement) and reporting any discrepancies to their supervisor, timekeeper, and/or servicing HRO.

c. Leave Adjustment Procedures. Obvious errors (e.g., incorrect keying, late OPM Form 71

[or equivalent]) submission, etc. may be adjusted by a corrected T&A.

If the reason for the error is not obvious or easily explained, a leave audit must be completed for leave errors identified on the CULPRPT Leave Error Report which is requested in the Report Generator System (CULPRPT) application on the NFC Mainframe .

Leave audits must be signed by the supervisor. The original is filed in the staff member’s T&A file.

When a leave audit is not necessary, a memorandum to the file must be completed detailing the specific reasons for the errors and what adjustments are required.

When leave balances are adjusted in the T&A application, screen prints before and after the adjustments must be attached to the memorandum or leave audit. A copy of the leave audit and supporting documentation must be forwarded to the HRO.

When the HRO receives leave audits that require adjustments to the Time Inquiry-Leave Update System (TINQ) application on the NFC Mainframe, screen prints before and after the adjustments must be attached to the leave audits. This documentation must be filed by pay period with the necessary Audit Trail of Leave Updated Report and Leave Error Report, which are requested in the Report Generator System (CULPRPT) application on the NFC Mainframe, and retained for 26 pay periods.

REFERENCES

Program Statements Information Security

Bureau Forms BP-A0369 Overtime Authorization BP-A1096 Pre-Exit Clearance Form Request for Compensatory Time Off for Travel

Other Forms OPM Form 71 Request for Leave or Approved Absence

Federal Regulations 5 CFR part 293 5 CFR part 297

Other References DOJ Order 1200.1 Office of Management and Budget. OMB Circular No. A-123: Management’ s Responsibility for Internal Control. Executive Office of the President. United States Office of Personnel Management. The Guide to Personnel Recordkeeping.

ACA Standards Performance-Based Standards and Expected Practices for Adult Correctional Institutions (5th Edition): 5-ACI-1B-16, 5-ACI-1C-01, 5-ACI-1C-03

Performance-Based Standards and Expected Practices for Adult Local Detention Facilities (5th Edition): 5-ALDF-7D-22

Standards for the Administration of Correctional Agencies (2nd) Edition: 2-CO-1C-23

Records Retention Requirements Requirements and retention guidance for records and information applicable to this program are available in the Records and Information Disposition Schedule (RIDS) on the Bureau’s intranet site.

Reviewed for legal accuracy by Elizabeth Franklin-Best, Esq., Principal Attorney·September 2026