Inmate Discipline Program: New Prohibited Act Code for Pressuring Inmates for Legal Documents, 63830-63831 [2019-24935]
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Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Proposed Rules
WA. For information on the availability of
this material at the FAA, call 206–231–3195.
Issued in Des Moines, Washington, on
November 7, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–24834 Filed 11–18–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 541
[Docket No. BOP–1172–P]
RIN 1120–AB72
Inmate Discipline Program: New
Prohibited Act Code for Pressuring
Inmates for Legal Documents
Bureau of Prisons, Department
of Justice.
ACTION: Proposed rule.
AGENCY:
In this document, the Bureau
of Prisons (Bureau) proposes to add a
new code to the list of prohibited act
codes in the inmate discipline
regulations which will clarify that the
Bureau may discipline inmates for
pressuring or otherwise intimidating
other inmates into producing copies of
their own legal documents, such as presentence reports (PSRs), or statement of
reasons (SORs).
DATES: Submit written comments on or
before January 21, 2020.
ADDRESSES: Rules Unit, Office of
General Counsel, Bureau of Prisons, 320
First Street NW, Washington, DC 20534.
FOR FURTHER INFORMATION CONTACT:
Rules Unit, Office of General Counsel,
Bureau of Prisons, phone (202) 353–
8248.
SUMMARY:
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with PROPOSALS
Posting of Public Comments
Please note that all comments
received are considered part of the
public record and made available for
public inspection online at
www.regulations.gov. Such information
includes personal identifying
information (such as your name,
address, etc.) voluntarily submitted by
the commenter.
If you want to submit personal
identifying information (such as your
name, address, etc.) as part of your
comment, but do not want it to be
posted online, you must include the
phrase ‘‘PERSONAL IDENTIFYING
INFORMATION’’ in the first paragraph
of your comment. You must also locate
VerDate Sep<11>2014
16:09 Nov 18, 2019
Jkt 250001
all the personal identifying information
you do not want posted online in the
first paragraph of your comment and
identify what information you want
redacted.
If you want to submit confidential
business information as part of your
comment but do not want it to be posted
online, you must include the phrase
‘‘CONFIDENTIAL BUSINESS
INFORMATION’’ in the first paragraph
of your comment. You must also
prominently identify confidential
business information to be redacted
within the comment. If a comment
contains so much confidential business
information that it cannot be effectively
redacted, all or part of that comment
may not be posted on
www.regulations.gov.
Personal identifying information
identified and located as set forth above
will be placed in the agency’s public
docket file, but not posted online.
Confidential business information
identified and located as set forth above
will not be placed in the public docket
file. If you wish to inspect the agency’s
public docket file in person by
appointment, please see the FOR
FURTHER INFORMATION CONTACT
paragraph.
Proposed Rule
In this document, the Bureau
proposes to add a new code to Table 1—
Prohibited Acts and Available Sanctions
in the inmate discipline regulations. See
28 CFR 541.3. The new code will clarify
that the Bureau may discipline inmates
for pressuring or otherwise intimidating
other inmates into producing copies of
their own legal documents, such as presentence reports (PSRs), statement of
reasons (SORs), or other such
documents. New code 231 will put
inmates on notice that they may be
disciplined for ‘‘[r]equesting,
demanding, pressuring, or otherwise
intentionally creating a situation which
causes an inmate to produce or display
his/her own court documents for any
purpose to another inmate.’’
The Bureau has found that inmates, or
inmate groups, frequently pressure other
inmates for copies of their PSRs, SORs,
or other similar sentencing documents
from criminal judgments, to learn if they
are informants, gang members, have
financial resources, to find others
involved in offenses, to prove
affiliations, etc. Some inmates who
produced, or refused to produce, the
documents were threatened, assaulted,
and/or sought protective custody, all of
which jeopardized the Bureau’s ability
to safely manage its institutions.
The Bureau holds inmates
accountable for threatening and coercive
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
behavior under existing provisions of
the disciplinary code. This provision,
however, will clarify that this specific
behavior may result in sanctions. The
defense bar, federal sentencing courts
and the Bureau identified this issue as
one of concern that requires heightened
disciplinary attention. We therefore
propose to add the aforementioned code
provision to underscore the severity of
the conduct described.
Regulatory Analyses
Executive Orders 12866, 13563, and
13771
This rule falls within a category of
actions that the Office of Management
and Budget (OMB) has determined do
not constitute ‘‘significant regulatory
actions’’ under section 3(f) of Executive
Order 12866 and, accordingly, it was
not reviewed by OMB. The economic
effects of this regulation are limited to
the Bureau’s appropriated funds. It takes
an average of 7.5 hours of staff time to
process an incident report. One of the
expected outcomes of this clarifying
regulation is that inmates may be
deterred from engaging in the prohibited
behavior because violations are better
defined. This expected outcome would
save staff resources required to process
incident reports. At this time, however,
the Bureau cannot estimate precisely
how many incidents will be avoided or
the monetary value of the resulting cost/
resource savings. Further, the Bureau
would expect any anticipated savings
generated by this rule to have minimal
effect on the economy.
Executive Order 13132
This regulation will not have
substantial direct effect 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. Under Executive
Order 13132, we determine that this
regulation does not have sufficient
federalism implications to warrant the
preparation of a Federalism Assessment.
Regulatory Flexibility Act
The Director of the Bureau of Prisons,
under the Regulatory Flexibility Act (5
U.S.C. 605(b)), reviewed this regulation
and certifies that it will not have a
significant economic impact upon a
substantial number of small entities.
This regulation pertains to 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.
E:\FR\FM\19NOP1.SGM
19NOP1
63831
Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Proposed Rules
Unfunded Mandates Reform Act of 1995
This regulation 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
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995.
Congressional Review Act
This regulation is not a major rule as
defined by the Congressional Review
Act, 5 U.S.C. 804. This regulation 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
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), 4161–4166 (Repealed 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.
ability of United States-based
companies to compete with foreignbased companies in domestic and
export markets.
List of Subjects in 28 CFR Part 541
Prisoners.
Kathleen Hawk Sawyer,
Director, Federal Bureau of Prisons.
SUBPART A—GENERAL
Under rulemaking authority vested in
the Attorney General in 5 U.S.C. 301; 28
U.S.C. 509, 510 and delegated to the
Director, Bureau of Prisons, we propose
to amend 28 CFR part 541 as follows.
SUBCHAPTER C—INSTITUTIONAL
MANAGEMENT
PART 541—INMATE DISCIPLINE AND
SPECIAL HOUSING UNITS
2. Amend § 541.3 by adding an entry
231 under ‘‘High Severity Level
Prohibited Acts’’ in Table 1—Prohibited
Acts and Available Sanctions to read as
follows:
■
§ 541.3 Prohibited acts and available
sanctions.
*
*
*
*
*
1. The authority citation for part 541
continues to read as follows:
■
TABLE 1—PROHIBITED ACTS AND AVAILABLE SANCTIONS
*
*
*
*
*
*
*
High Severity Level Prohibited Acts
*
231 ....................
*
*
*
*
*
*
Requesting, demanding, pressuring, or otherwise intentionally creating a situation, which causes an inmate to produce or display his/her own court documents for any purpose to another inmate.
*
*
*
*
*
*
*
*
BILLING CODE 4410–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
45 CFR Part 75
RIN 0991–AC16
Office of the Assistant Secretary for
Financial Resources; Health and
Human Services Grants Regulation
Division of Grants, Office of
Grants Policy, Oversight, and
Evaluation, Office of the Assistant
Secretary for Financial Resources,
Department of Health and Human
Services.
ACTION: Notice of proposed rulemaking.
khammond on DSKJM1Z7X2PROD with PROPOSALS
AGENCY:
This is a notice of proposed
rulemaking to repromulgate or revise
certain regulatory provisions of the
Department of Health and Human
Services, Uniform Administrative
Requirements, Cost Principles, and
Audit Requirements for HHS Awards.
SUMMARY:
16:09 Nov 18, 2019
*
Comments must be submitted on
or before December 19, 2019.
ADDRESSES: Comments must be
identified by RIN 0991–AC16. Because
of staff and resource limitations,
comments must be submitted
electronically to www.regulations.gov.
Follow the ‘‘Submit a comment’’
instructions.
Inspection of Public Comments: All
comments received before the close of
the comment period are available for
viewing by the public, including
personally identifiable or confidential
business information that is included in
a comment. Before or after the close of
the comment period, the Department of
Health and Human Services will post all
comments that were received before the
end of the comment period on
www.regulations.gov. Follow the search
instructions on that website to view the
public comments.
FOR FURTHER INFORMATION CONTACT:
Richard Brundage at (202) 401–6107.
SUPPLEMENTARY INFORMATION: This is a
notice of proposed rulemaking by which
the Department proposes to
repromulgate provisions of 45 CFR part
75 that were set forth in a final rule
DATES:
[FR Doc. 2019–24935 Filed 11–18–19; 8:45 am]
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*
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PO 00000
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*
*
published in the Federal Register at 81
FR 89393 (Dec. 12, 2016) (Final Rule).
The Department, in a document
published in this edition of the Federal
Register, publishes its decision to
exercise its enforcement discretion to
not enforce the regulatory provisions
adopted or amended by the Final Rule
due to HHS’s serious concerns about
compliance with certain requirements of
the Regulatory Flexibility Act, 5 U.S.C.
601–12. In this document, the
Department proposes to repromulgate
some of the provisions of the Final Rule,
not to repromulgate others, and to
replace or modify certain provisions
that were included in the Final Rule
with other provisions.
I. Background
On December 26, 2013, the Office of
Management and Budget (OMB) issued
the Uniform Administrative
Requirements, Cost Principles, and
Audit Requirements for Federal Awards
(UAR or uniform regulations) that ‘‘set
standard requirements for financial
management of Federal awards across
the entire federal government.’’ 78 FR
78590 (Dec. 26, 2013). On December 19,
2014, the Department, in conjunction
E:\FR\FM\19NOP1.SGM
19NOP1
]]>Agencies
[Federal Register Volume 84, Number 223 (Tuesday, November 19, 2019)]
[Proposed Rules]
[Pages 63830-63831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24935]
=======================================================================
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 541
[Docket No. BOP-1172-P]
RIN 1120-AB72
Inmate Discipline Program: New Prohibited Act Code for Pressuring
Inmates for Legal Documents
AGENCY: Bureau of Prisons, Department of Justice.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Bureau of Prisons (Bureau) proposes to
add a new code to the list of prohibited act codes in the inmate
discipline regulations which will clarify that the Bureau may
discipline inmates for pressuring or otherwise intimidating other
inmates into producing copies of their own legal documents, such as
pre-sentence reports (PSRs), or statement of reasons (SORs).
DATES: Submit written comments on or before January 21, 2020.
ADDRESSES: Rules Unit, Office of General Counsel, Bureau of Prisons,
320 First Street NW, Washington, DC 20534.
FOR FURTHER INFORMATION CONTACT: Rules Unit, Office of General Counsel,
Bureau of Prisons, phone (202) 353-8248.
SUPPLEMENTARY INFORMATION:
Posting of Public Comments
Please note that all comments received are considered part of the
public record and made available for public inspection online at
www.regulations.gov. Such information includes personal identifying
information (such as your name, address, etc.) voluntarily submitted by
the commenter.
If you want to submit personal identifying information (such as
your name, address, etc.) as part of your comment, but do not want it
to be posted online, you must include the phrase ``PERSONAL IDENTIFYING
INFORMATION'' in the first paragraph of your comment. You must also
locate all the personal identifying information you do not want posted
online in the first paragraph of your comment and identify what
information you want redacted.
If you want to submit confidential business information as part of
your comment but do not want it to be posted online, you must include
the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph
of your comment. You must also prominently identify confidential
business information to be redacted within the comment. If a comment
contains so much confidential business information that it cannot be
effectively redacted, all or part of that comment may not be posted on
www.regulations.gov.
Personal identifying information identified and located as set
forth above will be placed in the agency's public docket file, but not
posted online. Confidential business information identified and located
as set forth above will not be placed in the public docket file. If you
wish to inspect the agency's public docket file in person by
appointment, please see the FOR FURTHER INFORMATION CONTACT paragraph.
Proposed Rule
In this document, the Bureau proposes to add a new code to Table
1--Prohibited Acts and Available Sanctions in the inmate discipline
regulations. See 28 CFR 541.3. The new code will clarify that the
Bureau may discipline inmates for pressuring or otherwise intimidating
other inmates into producing copies of their own legal documents, such
as pre-sentence reports (PSRs), statement of reasons (SORs), or other
such documents. New code 231 will put inmates on notice that they may
be disciplined for ``[r]equesting, demanding, pressuring, or otherwise
intentionally creating a situation which causes an inmate to produce or
display his/her own court documents for any purpose to another
inmate.''
The Bureau has found that inmates, or inmate groups, frequently
pressure other inmates for copies of their PSRs, SORs, or other similar
sentencing documents from criminal judgments, to learn if they are
informants, gang members, have financial resources, to find others
involved in offenses, to prove affiliations, etc. Some inmates who
produced, or refused to produce, the documents were threatened,
assaulted, and/or sought protective custody, all of which jeopardized
the Bureau's ability to safely manage its institutions.
The Bureau holds inmates accountable for threatening and coercive
behavior under existing provisions of the disciplinary code. This
provision, however, will clarify that this specific behavior may result
in sanctions. The defense bar, federal sentencing courts and the Bureau
identified this issue as one of concern that requires heightened
disciplinary attention. We therefore propose to add the aforementioned
code provision to underscore the severity of the conduct described.
Regulatory Analyses
Executive Orders 12866, 13563, and 13771
This rule falls within a category of actions that the Office of
Management and Budget (OMB) has determined do not constitute
``significant regulatory actions'' under section 3(f) of Executive
Order 12866 and, accordingly, it was not reviewed by OMB. The economic
effects of this regulation are limited to the Bureau's appropriated
funds. It takes an average of 7.5 hours of staff time to process an
incident report. One of the expected outcomes of this clarifying
regulation is that inmates may be deterred from engaging in the
prohibited behavior because violations are better defined. This
expected outcome would save staff resources required to process
incident reports. At this time, however, the Bureau cannot estimate
precisely how many incidents will be avoided or the monetary value of
the resulting cost/resource savings. Further, the Bureau would expect
any anticipated savings generated by this rule to have minimal effect
on the economy.
Executive Order 13132
This regulation will not have substantial direct effect 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. Under Executive Order 13132, we determine
that this regulation does not have sufficient federalism implications
to warrant the preparation of a Federalism Assessment.
Regulatory Flexibility Act
The Director of the Bureau of Prisons, under the Regulatory
Flexibility Act (5 U.S.C. 605(b)), reviewed this regulation and
certifies that it will not have a significant economic impact upon a
substantial number of small entities. This regulation pertains to 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.
[[Page 63831]]
Unfunded Mandates Reform Act of 1995
This regulation 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 necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
Congressional Review Act
This regulation is not a major rule as defined by the Congressional
Review Act, 5 U.S.C. 804. This regulation 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.
List of Subjects in 28 CFR Part 541
Prisoners.
Kathleen Hawk Sawyer,
Director, Federal Bureau of Prisons.
Under rulemaking authority vested in the Attorney General in 5
U.S.C. 301; 28 U.S.C. 509, 510 and delegated to the Director, Bureau of
Prisons, we propose to amend 28 CFR part 541 as follows.
SUBCHAPTER C--INSTITUTIONAL MANAGEMENT
PART 541--INMATE DISCIPLINE AND SPECIAL HOUSING UNITS
0
1. The authority citation for part 541 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), 4161-4166 (Repealed 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.
SUBPART A--GENERAL
0
2. Amend Sec. 541.3 by adding an entry 231 under ``High Severity Level
Prohibited Acts'' in Table 1--Prohibited Acts and Available Sanctions
to read as follows:
Sec. 541.3 Prohibited acts and available sanctions.
* * * * *
Table 1--Prohibited Acts and Available Sanctions
------------------------------------------------------------------------
------------------------------------------------------------------------
* * * * * * *
------------------------------------------------------------------------
High Severity Level Prohibited Acts
------------------------------------------------------------------------
* * * * * * *
231...................... Requesting, demanding, pressuring, or
otherwise intentionally creating a
situation, which causes an inmate to produce
or display his/her own court documents for
any purpose to another inmate.
* * * * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-24935 Filed 11-18-19; 8:45 am]
BILLING CODE 4410-50-P
