Bop Cover Letter Re Ctr for Constitutional Rights Foia Request Re Cmu 4-6-2009
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U.S. Department of Justice Federal Bureau of Prisons Washington, D.G. 20534 April 6, 2009 Matthew Strugar Center for Constitutional Rights 666 Broadway, 7th Floor New York, NY 10012 Re: FOIA Request No. 2009-02422 Dear Mr. Strugar: We regret the delay of this response to your Freedom of Information Act (FOIA) request, receipted by this office on December 19, 2008, for Federal Bureau of Prisons (BOP) records. Specifically, you request various documents concerning the BOP's Communications Management Units (CMU) and their promulgation. We have located one hundred sixty-two (162) pages responsive to your request. We have determined that one hundred fifty-five (155) pages will be released in their entirety, seven (7) pages will be released with information excised, and zero pages will be withheld in their entirety. This determination is pursuant to the following statutory authority: ~ Title 5, United States Code, Section 552(b)(2), which exempts from disclosure internal administrative or procedural matters, the release of which could risk circumvention of security practices, policies, regUlations, or laws. ~ Title 5, United States Code, Section 552(b)(6), exempts personnel and medical files and similar files to preclude a clearly unwarranted invasion of personal privacy surrounding other individuals. ~ Title 5, United States Code, Section 552(b)(7)(C), exempts from disclosure records or information compiled for law enforcement purposes which could constitute an unwarranted invasion of personal privacy surrounding other individuals. ~ Title 5, United States Code, Section 552(b)(7)(F), exempts from disclosure records or information compiled for law enforcement purposes which could endanger the lives or physical safety of an individual. FOIA Request No. 2009-02422 Page2 In regards to your specific request for all of the administrative remedies of inmates currently or formerly housed in a CMU, which relates to their assignment or transfer to the CMU and/or their restrictions and conditions, please be advised that the BOP does not maintain data on the number of inmates who meet the criteria outlined in this portion of your request. Although our administrative remedies are keyed in to the SENTRY database, there is no subject matter code for the information you have requested, which would allow a search of that database. Pursuant to Title 28, Code of Federal Regulations, Section 16.9, this partial denial may be appealed to the Attorney General by filing a written appeal within sixty days of the date of this letter. The appeal should be addressed to the Office of Information and Privacy, U.S. Department of Justice, 1425 New York Avenue, N.W., Suite 11050, Washington, D.C. 20530. Both the envelope and the letter of appeal itself must be clearly marked: "Freedom of Information Act Appeal." We trust this has been responsive to your request. Should you have any further inquiries, you may contact the Federal Bureau of Prisons, 320 First Street N.W., Room 841, HOLC Building, Washington, D.C. 20534, Attn: FOIA/Privacy Act Office. Sincerely, ¥~. Chief, FOIAIPA ction Enclosures: 162 pages