[Federal Register Volume 65, Number 124 (Tuesday, June 27, 2000)]
[Proposed Rules]
[Pages 39768-39769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16120]



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Part VI





Department of Justice





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Bureau of Prisons



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28 CFR Part 542



Administrative Remedy Program: Excluded Matters; Proposed Rule

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

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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.

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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, Sec. 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 non-
monetary 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 Sec. 542.12. Sections 542.10 and 
542.16 already cover statements in Sec. 542.12 of the regulation's 
intent and provisions for assistance to the inmate. We also moved the 
previous stipulation in Sec. 542.12 that an inmate may not submit a 
Request or Appeal on behalf of another inmate to Sec. 542.10.
    We propose to revise Sec. 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

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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 foreign-
based 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 Sec. 542.10 to read as follows:


Sec. 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 non-federal 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.


Sec. 542.12  [Removed and Reserved]

    3. Remove and reserve Sec. 542.12.

[FR Doc. 00-16120 Filed 6-26-00; 8:45 am]
BILLING CODE 4410-05-P