Federal Register / Vol. 65, No. 189 / Thursday, September 28, 2000 / Rules and Regulations 58223

DEPARTMENT OF JUSTICE

28 CFR Part 1

[AG Order No. 2323–2000]

Office of the Pardon Attorney; Rules

Governing Petitions for Executive

Clemency, Victim Notification and

Comment

AGENCY: Department of Justice.

ACTION: Final rule.

SUMMARY: This rule amends the existing

regulations on executive clemency to

codify the Attorney General’s practice of

providing notice to the victims of the

crime when an offender convicted of a

federal felony files a petition for

executive clemency. Under these

procedures, the Department will invite

victims to submit comments, if they

wish to do so, and inform them of the

President’s final decision on the

clemency request. The rule also defines

the term ‘‘victim’’ for purposes of such

notifications, and lists criteria

considered in determining in what

circumstances such victim notification

is warranted.

EFFECTIVE DATE: This rule is effective

September 28, 2000.

FOR FURTHER INFORMATION CONTACT:

Roger C. Adams, Pardon Attorney, U.S.

Department of Justice, Washington, DC

20530, telephone (202) 616–6070.

SUPPLEMENTARY INFORMATION: Since

1996, the United States Attorneys

Manual (USAM) section on clemency

expressly mentions the issue of victim

input. Drawing on these provisions in

the USAM, this rule provides that in

appropriate cases (e.g., if it appears

likely that clemency could be

recommended in the case), reasonable

effort will be made to notify the

victim(s) of an offense for which

clemency (commutation or pardon) is

sought that a request for clemency has

been made, and that the victim(s) may

submit comments concerning clemency.

Moreover, the rule provides that in such

cases the victim(s) will be informed of

the final decision on the clemency

request. The term ‘‘victim’’ is defined

consistently with the definition used in

the existing Attorney General Victim/

Witness Guidelines.

Administrative Procedure Act

This rule relates to matters of agency

management or personnel, and is

therefore exempt from the usual

requirements of prior notice and

comment and a 30-day delay in effective

date. See 5 U.S.C. 553(a)(2). Moreover,

to the extent that rulemaking procedures

would otherwise be applicable, the

Department finds that this rule would

be exempted from the requirements of

prior notice and comment as a rule of

agency organization, procedure, or

practice. See 5 U.S.C. 553(b)(A).

Similarly, the effective date of this rule

need not be delayed for 30 days after

publication because the rule is not a

‘‘substantive rule.’’ See 5 U.S.C. 553(d).

Executive Order 12866

This rule has been drafted and

reviewed in accordance with Executive

Order 12866, section 1(b), Principles of

Regulation. The Department of Justice

has determined that this rule is not a

‘‘significant regulatory action’’ under

Executive Order 12866, section 3(f),

Regulatory Planning and Review, and

accordingly it has not been reviewed by

the Office of Management and Budget.

Executive Order 13132

This rule will not have substantial

direct effects on the States, on the

relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 13132,

it is determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Executive Order 12988

This regulation meets the applicable

standards set forth in sections 3(a) and

3(b)(2) of Executive Order 12988, Civil

Justice Reform.

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 million or more

in any one year, and it will not

significantly or uniquely affect small

governments. Therefore, no actions were

deemed necessary under the provisions

of 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 251 of the Small

Business Regulatory Enforcement

Fairness Act of 1996, 5 U.S.C. 804. This

rule will not result in an annual effect

on the economy of $100 million or

more; a major increase in costs or prices;

or significant adverse effects on

competition, employment, investment,

productivity, innovation, or the ability

of United States-based companies to

compete with foreign-based companies

in domestic and export markets.

As a rule relating to agency

management or personnel, this rule is

also therefore excluded from the scope

of a covered ‘‘rule’’ for the purposes of

Chapter 8 of Title 5 U.S.C. See 5 U.S.C.

804(3)(B). Moreover, to the extent that

this rule would be considered to be a

rule of agency organization, procedure,

or practice, it is excluded from the

scope of a covered ‘‘rule’’ pursuant to 5

U.S.C. 804(3)(C).

Accordingly, because this action is

not a covered ‘‘rule’’ it is exempt from

the requirement for the Department to

submit a report to each House of

Congress and the Comptroller General

before this rule can take effect as

provided in 5 U.S.C. 801(a)(1).

List of Subjects in 28 CFR Part 1

Clemency, Pardon.

With the approval of the President,

acting in conformity with his authority

as Chief Executive and with Article II,

Section 2 of the United States

Constitution, and by virtue of the

authority vested in me by 28 U.S.C. 509,

510, and 5 U.S.C. 301, part 1 of chapter

I of title 28 of the Code of Federal

Regulations is amended as follows:

PART 1—EXECUTIVE CLEMENCY

1. The authority citation for part 1

continues to read as follows:

Authority: U.S. Const., Art. II, sec. 2;

authority of the President as Chief Executive,

and 28 U.S.C. 509, 510.

2. Section 1.6 is revised to read as

follows:

§ 1.6 Consideration of petitions;

notification of victims; recommendations to

the President.

(a) Upon receipt of a petition for

executive clemency, the Attorney

General shall cause such investigation

to be made of the matter as he or she

may deem necessary and appropriate,

using the services of, or obtaining

reports from, appropriate officials and

agencies of the Government, including

the Federal Bureau of Investigation.

(b)(1) When a person requests

clemency (in the form of either a

commutation of a sentence or a pardon

after serving a sentence) for a conviction

of a felony offense for which there was

a victim, and the Attorney General

concludes from the information

developed in the clemency case that

investigation of the clemency case

warrants contacting the victim, the

Attorney General shall cause reasonable

effort to be made to notify the victim or

victims of the crime for which clemency

is sought:

58224 Federal Register / Vol. 65, No. 189 / Thursday, September 28, 2000 / Rules and Regulations

(i) That a clemency petition has been

filed;

(ii) That the victim may submit

comments regarding clemency; and

(iii) Whether the clemency request

ultimately is granted or denied by the

President.

(2) In determining whether contacting

the victim is warranted, the Attorney

General shall consider the seriousness

and recency of the offense, the nature

and extent of the harm to the victim, the

defendant’s overall criminal history and

history of violent behavior, and the

likelihood that clemency could be

recommended in the case.

(3) For the purposes of this paragraph

(b), ‘‘victim’’ means an individual who:

(i) Has suffered direct or threatened

physical, emotional, or pecuniary harm

as a result of the commission of the

crime for which clemency is sought (or,

in the case of an individual who died or

was rendered incompetent as a direct

and proximate result of the commission

of the crime for which clemency is

sought, one of the following relatives of

the victim (in order of preference): the

spouse; an adult offspring; or a parent);

and

(ii) Has on file with the Federal

Bureau of Prisons a request to be

notified pursuant to 28 CFR 551.152 of

the offender’s release from custody.

(4) For the purposes of this paragraph

(b), ‘‘reasonable effort’’ is satisfied by

mailing to the last-known address

reported by the victim to the Federal

Bureau of Prisons under 28 CFR

551.152.

(5) The provisions of this paragraph

(b) apply to clemency cases filed on or

after September 28, 2000.

(c) The Attorney General shall review

each petition and all pertinent

information developed by the

investigation and shall determine

whether the request for clemency is of

sufficient merit to warrant favorable

action by the President. The Attorney

General shall report in writing his or her

recommendation to the President,

stating whether in his or her judgment

the President should grant or deny the

petition.

Dated: August 9, 2000.

Janet Reno,

Attorney General.

Approved: September 15, 2000.

William J. Clinton,

President.

[FR Doc. 00–24750 Filed 9–27–00; 8:45 am]

BILLING CODE 4410–29–M

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

RIN 0720–AA49

Civilian Health and Medical Program of

the Uniformed Service (CHAMPUS);

Prosthetic Devices

AGENCY: Office of the Secretary, DoD.

ACTION: Final rule.

SUMMARY: This final rule implements

Section 702 of the National Defense

Authorization Act for Fiscal Year 1998,

which authorizes purchase of prosthetic

devices, as determined by the Secretary

of Defense, to be necessary because of

significant conditions resulting from

trauma, congenital anomalies, or

disease. The Act changes the existing

limited provisions for prosthetic

devices, expanding coverage to include

the cost sharing of other prostheses, e.g.,

noses, ears and fingers.

DATES: This rule is effective May 20,

1999.

ADDRESSES: The Office of TRICARE

Management Activity, 16401 East

Centretech Parkway, Aurora, CO 80011–

9043.

FOR FURTHER INFORMATION CONTACT:

Margaret Brown, Office of Medical

Benefits and Reimbursement Systems,

telephone (303) 676–3581.

SUPPLEMENTARY INFORMATION: This final

rule implements section 702 of the

National Defense Authorization Act for

Fiscal Year 1998 (Pub. L. 105–85) to

provide purchase of prosthetic devices,

as determined by the Secretary of

Defense, to be necessary because of

significant conditions resulting from

trauma, congenital anomalies, or

disease. The current policy is restrictive

as it limits purchase of prosthetic

devices to artificial limbs, eyes, and

voice prostheses. This final rule

expands provisions for prosthetic

devices to include ears, noses and

fingers. It is being published to confirm

that the interim final rule, which was

published August 20, 1999, is adopted

as a final rule without change.

Comments Received

It was recommended that we remove

the parenthetical phrase (See House

Conference Report 103, 340, p. 300)

from Regulatory Procedures. Comments

were adopted and the deletion was

made.

Regulatory Procedure

Executive order 12866 requires

certain regulatory assessments for any

significant regulatory action defined as

one which would result in an annual

effect on the economy of $100 million

or more, or have other substantial

impacts. The Regulatory Flexibility Act

(RFA) requires that each Federal agency

prepare, and make available for public

comment, a regulatory flexibility

analysis when the agency issues a

regulation which would have a

significant impact on a substantial

number of small entities. This final rule

is not a significant regulatory action

under E.O. 12886, nor would it have a

significant impact on small entities. The

changes set forth in the final rule are

minor revisions to the existing

regulation.

Regulatory Planning and Review

The final rule will not impose

additional information collection

requirements on the public under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3511). This rule is being

issued to confirm that the interim rule

published August 20, 1999 (64 FR

45453) is final and does not include

further amendments.

List of Subject in 32 CFR Part 199

Claims, Handicapped, Health

insurance, Individuals with disabilities,

Military personnel.

Accordingly, the interim rule

amending 32 CFR 199, as published

August 20, 1999, is adopted as a final

rule without change as follows:

PART 199—[AMENDED]

1. The authority citation for part 199

continues to read as follows:

Authority: 5 U.S.C. 301; and 10 U.S.C.

Chapter 55.

2. Section 199.4 is amended by

revising paragraph (d)(3)(vii) and (g)(48)

to read as follows:

§ 199.4 Basic program benefits.

* * * * *

(d) * * *

(3) * * *

(vii) Prosthetic devices. The purchase

of prosthetic devices is limited to those

determined by the Director,

OCHAMPUS to be necessary because of

significant conditions resulting from

trauma, congenital anomalies, or

disease.

(g) * * *

(48) Prosthetic devices. Prostheses

other than those determined by the

Director, OCHAMPUS to be necessary

because of significant conditions

resulting from trauma, congenital

anomalies, or disease. All dental

prostheses are excluded, except for

those specifically required in