BOP Program Statement 1351.05 § 16

§ 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:

# the first 100 pages of duplication (or its cost equivalent),

# the first two hours of search time (or its cost equivalent),

or

# charges which total $8.00 or less.

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:

# $2.25 per quarter hour for clerical staff,

# $4.50 per quarter hour for professional staff, and

# $7.50 per quarter hour for managerial personnel.

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.

# A written request should be submitted to:

Director

Federal Bureau of Prisons

320 First Street NW

Washington DC 20534

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# The requester shall clearly mark on the face of the letter

and on the envelope "PRIVACY ACT REQUEST," and shall clearly

describe the record sought, including the approximate date

covered by the record.

# An employee making such a request must provide

identification data, as listed in 28 CFR 16.41, and may use

a Certification of Identity Form (DOJ-361) or self-sworn

declaration.