[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 32258-32261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15598]
[[Page 32257]]
_______________________________________________________________________
Part IV
Department of Justice
_______________________________________________________________________
Bureau of Prisons
_______________________________________________________________________
28 CFR Part 513
Release of Information; Proposed Rule
Federal Register / Vol. 61, No. 121 / Friday, June 21, 1996 /
Proposed Rules
[[Page 32258]]
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 513
[BOP-1015-P]
RIN 1120-AA06
Release of Information
AGENCY: Bureau of Prisons, Justice.
ACTION: Proposed rule and withdrawal of prior proposed rule.
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SUMMARY: In this document, the Bureau of Prisons (``Bureau'') is
withdrawing a prior proposed rule and publishing a new proposed rule on
release of information. The rule is intended to consolidate procedures
for the release of requested records in the possession of the Bureau.
The rule has been developed to help ensure the Bureau is in compliance
with the statutory requirements of the Freedom of Information Act (5
U.S.C. 552) and the Privacy Act (5 U.S.C. 552a), and to supplement
Department of Justice regulations implementing those statutes (28 CFR
part 16).
DATES: Comments must be submitted by August 20, 1996.
ADDRESSES: Send comments to the Office of General Counsel, Bureau of
Prisons, Room 754, 320 First Street, NW., Washington, D. C. 20534.
Comments received by the closing date will be available for examination
by interested persons at the above address.
FOR FURTHER INFORMATION CONTACT: Roy M. Nanovic, Office of General
Counsel, Bureau of Prisons, Telephone (202) 514-6655.
SUPPLEMENTARY INFORMATION: Pursuant to the rulemaking authority vested
in the Attorney General in 5 U.S.C. 552(a) and delegated to the
Director of the Bureau of Prisons in 28 CFR 0.96(p), notice is given
that the Bureau of Prisons intends to publish in the Federal Register
its proposed rule on Release of Information. A proposed rule on this
subject was published in the Federal Register on March 17, 1989 (at 54
FR 11326). That proposed rule is withdrawn and comments received in
response to that rulemaking will not be considered when finalizing this
new proposed rule.
Interested persons may participate in this proposed rulemaking by
submitting data, views, or arguments in writing to the Bureau of
Prisons, Room 754, 320 First Street, NW., Washington, D.C. 20534.
Comments received during the comment period will be considered before
final action is taken. The proposed rule may be changed in light of the
comments received. No oral hearings are contemplated.
The Bureau of Prisons has determined that this rule is not a
significant regulatory action for the purpose of Executive Order 12866
and accordingly, this rule was not reviewed by the Office of Management
and Budget. After review of the law and regulations, the Director of
the Bureau of Prisons has certified that this rule, for the purpose of
the Regulatory Flexibility Act (Pub. L. 96-354), does not have a
significant impact on a substantial number of small entities.
List of Subjects in 28 CFR Part 513
Archives and records, Freedom of information, Prisoners, Privacy.
Kathleen M. Hawk,
Director, Bureau of Prisons.
In consideration of the foregoing, it is proposed to amend 28 CFR,
Chapter V, Subchapter A as follows:
SUBCHAPTER A--GENERAL MANAGEMENT AND ADMINISTRATION
PART 513--ACCESS TO RECORDS
1. The authority citation for 28 CFR part 513 is revised to read as
follows:
Authority: 5 U.S.C. 301, 552, 552a; 13 U.S.C. Ch. 1 et seq.; 18
U.S.C. 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as
to conduct occurring on or after November 1, 1987), 5006-5024
(Repealed October 12, 1984 as to conduct occurring after that date),
5039; 28 U.S.C. 509, 510; 31 U.S.C. 3711(f); 5 CFR part 297; 28 CFR
0.95-0.99 and parts 16 and 301.
2. Subpart D, consisting of Secs. 513.30 through 513.68, is added
to read as follows:
Subpart D--Release of Information
General Provisions and Procedures
Sec.
513.30 Purpose and scope.
513.31 Limitations.
513.32 Guidelines for disclosure.
513.33 Production of records in court.
513.34 Protection of individual privacy--disclosure of records to
third parties.
513.35 Accounting/nonaccounting of disclosures to third parties.
513.36 Government contractors.
Inmate Requests to Institution for Information
513.40 Inmate access to Inmate Central File.
513.41 Inmate access to Inmate Central File in connection with
parole hearings.
513.42 Inmate access to medical records.
513.43 Fees for copies of Inmate Central File and medical records.
Privacy Act Requests for Information
513.50 Privacy Act requests by inmates.
Freedom of Information Act Requests for Information
513.60 Freedom of Information Act requests.
513.61 Freedom of Information Act requests by inmates.
513.62 Freedom of Information Act requests by former inmates.
513.63 Freedom of Information Act requests on behalf of an inmate
or former inmate.
513.64 Acknowledgement of Freedom of Information Act requests.
513.65 Review of documents for Freedom of Information Act requests.
513.66 Denials and appeals of Freedom of Information Act requests.
513.67 Fees for Freedom of Information Act requests.
513.68 Time limits for responses to Freedom of Information Act
requests.
Subpart D--Release of Information
General Provisions and Procedures
Sec. 513.30 Purpose and scope.
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.
Sec. 513.31 Limitations.
(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.
Sec. 513.32 Guidelines for disclosure.
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).
Sec. 513.33 Production of records in court.
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
[[Page 32259]]
designee. The guidelines are set forth in 28 CFR part 16, subpart B.
Sec. 513.34 Protection of individual privacy--disclosure of records to
third parties.
(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.
(b) Lists of Bureau inmates shall not be disclosed.
Sec. 513.35 Accounting/nonaccounting of disclosures to third parties.
Accounting/nonaccounting of disclosures to third parties shall be
made in accordance with Department of Justice regulations contained in
28 CFR 16.52.
Sec. 513.36 Government contractors.
(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.
Inmate Requests to Institution for Information
Sec. 513.40 Inmate access to Inmate Central File.
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 Secs. 513.60 through 513.68. 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 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 formal 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.
(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
Inmate Privacy Folder which contains documents withheld from disclosure
pursuant to Sec. 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 also ask the inmate to
initial the entry, 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 Sec. 513.61 to make a FOIA request for
the withheld documents.
Sec. 513.41 Inmate access to Inmate Central File in connection with
parole hearings.
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 Sec. 513.40.
In addition, the following guidelines apply:
(a) A parole-eligible inmate may request to review his or her
Inmate Central File by submitting the appropriate Parole Commission
form. This form shall ordinarily 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 Sec. 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 Inmate 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 use. 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 Inmate Privacy Folder. Nondisclosable
documents not summarized for the inmate's use 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.
Sec. 513.42 Inmate access to medical records.
(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.
(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
[[Page 32260]]
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.
Sec. 513.43 Fees for copies of Inmate Central File and medical
records.
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.
Privacy Act Requests for Information
Sec. 513.50 Privacy Act requests by inmates.
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 Secs. 513.61
through 513.68.
Freedom of Information Act Requests for Information
Sec. 513.60 Freedom of Information Act requests.
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 Secs. 513.61 through 513.63 for additional requirements.
Sec. 513.61 Freedom of Information Act requests by inmates.
(a) Inmates are encouraged to use the simple access procedures
described in Sec. 513.40 to review disclosable records maintained in
his or her Inmate Central File.
(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 Sec. 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.
(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.
Sec. 513.62 Freedom of Information Act requests by former inmates.
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.
Sec. 513.63 Freedom of Information requests on behalf of an inmate or
former inmate.
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 Sec. 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.
Sec. 513.64 Acknowledgement of Freedom of Information Act requests.
(a) All requests for records under the Freedom of Information Act
received by the FOI/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.
Sec. 513.65 Review of documents for Freedom of Information Act
requests.
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.
Sec. 513.66 Denials and appeals of Freedom of Information Act
requests.
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 Sec. 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.''
[[Page 32261]]
Sec. 513.67 Fees for Freedom of Information Act requests.
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.
Sec. 513.68 Time limits for responses to Freedom of Information Act
requests.
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. These time limits begin when
the request is received at the Central Office.
[FR Doc. 96-15598 Filed 6-20-96; 8:45 am]
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