BOP Program Statement 3293.02 § 3

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

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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

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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.