39768 Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Proposed Rules

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 542

[BOP–1076–P]

RIN 1120–AA72

Administrative Remedy Program:

Excluded Matters

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed Rule.

SUMMARY: In this document, the Bureau

of Prisons (Bureau) proposes to amend

its regulations to allow staff to process

any request or appeal that pertains

directly or indirectly to an inmate’s

conditions of confinement under the

Administrative Remedy Program. We

intend this amendment to provide the

inmate with maximum opportunity to

seek review of any issue which relates

to his or her confinement.

DATES: Comments are due by August 28,

2000.

ADDRESSES: Rules Unit, Office of

General Counsel, Bureau of Prisons,

HOLC Room 754, 320 First Street, NW.,

Washington, DC 20534.

FOR FURTHER INFORMATION CONTACT: Roy

Nanovic, Office of General Counsel,

Bureau of Prisons, phone (202) 514–

6655.

SUPPLEMENTARY INFORMATION: The

Bureau proposes to amend its

regulations on the Administrative

Remedy Program (28 CFR part 542,

subpart B, published in the Federal

Register on January 2, 1996, at 61 FR

88).

The Bureau’s Administrative Remedy

Program allows inmates to seek review

of issues relating to their confinement.

Often, we may satisfy an inmate’s

grievance by explaining the relevant

policy or practice. The Administrative

Remedy Program also allows the Bureau

to examine its policies and practices

and make changes without judicial

intervention.

Currently, § 542.12 specifies matters

excluded from consideration under the

Administrative Remedy Program. Under

paragraph (b) of this section, we will not

accept requests or appeals for claims

with other statutorily-mandated

procedures (including tort claims (see

28 CFR part 543, subpart C), Inmate

Accident Compensation claims (28 CFR

part 301), and Freedom of Information

Act or Privacy Act requests (28 CFR part

513, subpart D) for processing under the

Administrative Remedy Program. We

intended these exclusions to reflect the

fact that there were other procedures for

corrective action which would not be

available under the Administrative

Remedy Program.

We now propose to remove these

exclusions. In accepting such requests

or appeals under the Administrative

Remedy Program, we may be able to

address more quickly the full range of

corrective actions available, including

any that may be peripheral to issues

which have other statutorily-mandated

administrative procedures in place.

For example, the Administrative

Remedy Program ordinarily cannot

provide monetary relief. An inmate’s

claim for monetary relief may, however,

present the basis for non-monetary

relief. Under the current regulations, we

would not accept the inmate’s claim in

the Administrative Remedy Program,

even though we could provide nonmonetary relief on the claim.

Under this proposed rule, however,

we would accept the inmate’s claim for

monetary relief in the Administrative

Remedy Program. We would then

provide non-monetary relief on the

claim, if possible, and refer the inmate

to the appropriate statutorily-mandated

procedure to resolve remaining issues.

Where the inmate’s claim can only be

addressed by another administrative

procedure, we will simply respond by

referring the inmate to the appropriate

procedure. Bureau staff responding to

the administrative remedy are not

responsible for investigating such a

claim.

We propose, therefore, to delete

§ 542.12. Sections 542.10 and 542.16

already cover statements in § 542.12 of

the regulation’s intent and provisions

for assistance to the inmate. We also

moved the previous stipulation in

§ 542.12 that an inmate may not submit

a Request or Appeal on behalf of

another inmate to § 542.10.

We propose to revise § 542.10 to allow

inmates to file any claim under the

Administrative Remedy Program, even

those which have statutorily-mandated

remedies. In our revision, we state that,

if an inmate raises an issue in a request

or appeal that cannot be resolved

through the Administrative Remedy

Program, we will refer the inmate to the

appropriate statutorily-mandated

procedures.

The proposed rule does not require

the inmate to file under the

Administrative Remedy Program before

filing under statutorily-mandated

procedures for tort claims (see 28 CFR

part 543, subpart C), Inmate Accident

Compensation claims (28 CFR part 301),

and Freedom of Information Act or

Privacy Act requests (28 CFR part 513,

subpart D).

Of course, if an inmate has a claim

that is solely governed by other

statutorily-mandated administrative

procedures, the inmate need not first

file a claim under the administrative

remedy program.

Please send written comments to the

Rules Unit, Office of General Counsel,

Bureau of Prisons, 320 First Street, NW.,

HOLC Room 754, Washington, DC

20534. We will consider comments we

receive during the comment period

before we take final action. We will try

to consider comments we receive after

the end of the comment period if

possible. All comments we receive

remain on file for public inspection at

the above address. We may change the

proposed rule in light of comments we

receive. We do not plan to hold oral

hearings.

Executive Order 12866

This rule is in a category of actions

that the Office of Management and

Budget (OMB) determined do not

constitute ‘‘significant regulatory

actions’’ under section 3(f) of Executive

Order 12866. OMB did not, therefore,

review this rule.

Executive Order 13132

This regulation will not have

substantial direct effects on the States,

on the relationship between the national

government and the States, or on

distribution of power and

responsibilities among the various

levels of government. Therefore, under

Executive Order 13132, we determine

that this rule does not have sufficient

federalism implications warranting

preparation of a Federalism Assessment.

Regulatory Flexibility Act

The Director of the Bureau of Prisons,

in accordance with the Regulatory

Flexibility Act (5 U.S.C. 605(b)),

reviewed this regulation and by

approving it certifies that it will not

have a significant economic impact

upon a substantial number of small

entities because: This rule is about the

correctional management of offenders

committed to the custody of the

Attorney General or the Director of the

Bureau of Prisons, and its economic

impact is limited to the Bureau’s

appropriated funds.

Unfunded Mandates Reform Act of

1995

This rule will not result in the

expenditure by State, local and tribal

governments, in the aggregate, or by the

private sector, of $100,000,000 or more

in any one year, and it will not

significantly or uniquely affect small

governments. Therefore, no actions are

Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Proposed Rules 39769

necessary under the Unfunded

Mandates Reform Act of 1995.

Small Business Regulatory Enforcement

Fairness Act of 1996

This rule is not a major rule as

defined by section 804 of the Small

Business Regulatory Enforcement

Fairness Act of 1996. It will not result

in an annual effect on the economy of

$100,000,000 or more; a major increase

in costs or prices; or significant adverse

effects on competition, employment,

investment, productivity, innovation, or

on the ability of United States-based

companies to compete with foreignbased companies in domestic and

export markets.

Plain Language Instructions

We want to make Bureau documents

easier to read and understand. Our goal

is to provide clear tools that are useful

in daily Bureau management. If you can

suggest how to improve the clarity of

these regulations, call or write Roy

Nanovic at the address listed above.

List of Subjects in 28 CFR Part 542

Prisoners.

Kathleen Hawk Sawyer,

Director, Bureau of Prisons.

Accordingly, under the rulemaking

authority vested in the Attorney General

in 5 U.S.C. 552(a) and delegated to the

Director, Bureau of Prisons in 28 CFR

0.96(p), we propose to amend part 542

in subchapter C of 28 CFR, chapter V as

set forth below.

SUBCHAPTER C—INSTITUTIONAL

MANAGEMENT

PART 542—ADMINISTRATIVE

REMEDY

1. The authority citation for 28 CFR

part 542 continues to read as follows:

Authority: 5 U.S.C. 301; 18 U.S.C. 3621,

3622, 3624, 4001, 4042, 4081, 4082 (Repealed

in part as to offenses committed on or after

November 1, 1987), 5006–5024 (Repealed

October 12, 1984, as to offenses committed

after that date), 5039; 28 U.S.C. 509, 510; 28

CFR 0.95–0.99.

2. Revise § 542.10 to read as follows:

§ 542.10 Purpose and scope.

(a) Purpose. The purpose of the

Administrative Remedy Program is to

allow an inmate to seek formal review

of an issue relating to any aspect of his/

her own confinement. An inmate may

not submit a Request or Appeal on

behalf of another inmate.

(b) Scope. This Program applies to all

inmates in institutions operated by the

Bureau of Prisons, to inmates designated

to contract Community Corrections

Centers (CCCs) under Bureau of Prisons

responsibility, and to former inmates for

issues that arose during their

confinement. This Program does not

apply to inmates confined in other nonfederal facilities.

(c) Statutorily-mandated procedures.

There are statutorily-mandated

procedures in place for tort claims (28

CFR part 543, subpart C), Inmate

Accident Compensation claims (28 CFR

part 301), and Freedom of Information

Act or Privacy Act requests (28 CFR part

513, subpart D). If an inmate raises an

issue in a request or appeal that cannot

be resolved through the Administrative

Remedy Program, the Bureau will refer

the inmate to the appropriate

statutorily-mandated procedures.

§ 542.12 [Removed and Reserved]

3. Remove and reserve § 542.12.

[FR Doc. 00–16120 Filed 6–26–00; 8:45 am]

BILLING CODE 4410–05–P