[Federal Register Volume 60, Number 198 (Friday, October 13, 1995)]
[Rules and Regulations]
[Page 53490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25425]




[[Page 53489]]

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Part V





Department of Justice





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Bureau of Prisons



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28 CFR Part 501



National Security: Implementation of Administrative Measures To Prevent 
Disclosure of Classified Information; Final Rule

  Federal Register / Vol. 60, No. 198 / Friday, October 13, 1995 / 
Rules and Regulations   

[[Page 53490]]


DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 501

[BOP-1046-I]
RIN 1120-AA47


Scope of Rules: National Security

AGENCY: Bureau of Prisons, Justice.

ACTION: Interim rule with request for comments.

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SUMMARY: This document amends Bureau of Prisons regulations on 
institutional management with respect to special administrative 
measures that may be necessary to avoid the risk of disclosure of 
classified information that could endanger national security. The 
affected inmate must be notified in writing as promptly as possible of 
the restrictions to be imposed. Restrictions may be imposed initially 
for up to 120 days, and may be extended in further increments of 120 
days only upon additional written notification that the circumstances 
identified in the original certification continue to exist.

DATES: This rule shall take effect October 13, 1995; comments must be 
submitted by December 12, 1995.

ADDRESSES: 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 of Prisons (``Bureau'') is 
adopting interim regulations on the correctional management of cases 
implicating national security. Under these interim regulations, the 
Warden may implement administrative measures that are reasonably 
necessary to prevent disclosure of classified information by an inmate 
committed to Bureau custody. Application of these measures is likely to 
affect only a minute portion of the inmate population; specifically, 
only those inmates who are certified by the head of a member agency of 
the United States intelligence community as posing a threat to the 
national security through the possible disclosure of classified 
information.
    It is not the intention of the Bureau that the restrictions imposed 
in these special cases include complete curtailment of privileges. An 
inmate upon whom these special restrictions are imposed is entitled to 
notification in writing of the imposed restrictions and the basis for 
the restrictions. The affected inmate may appeal imposition of 
restrictions ordered under this section through the Bureau's 
Administrative Remedy Program, 28 CFR Part 542.
    The Bureau is publishing this regulation as an interim rule under 
the ``good cause'' provision of 5 U.S.C. 553(b) in order to prevent any 
risk of disclosure of information that would be contrary to the public 
interest and detrimental to the national security. Members of the 
public may submit comments concerning this rule by writing to the 
previously cited address. These comments will be considered before the 
rule is finalized.
    The Bureau of Prisons has determined that this rule is not a 
significant regulatory action for the purpose of E.O. 12866, and 
accordingly this rule was not reviewed by the Office of Management and 
Budget. After review of the law and regulations, the Director, Bureau 
of Prisons, has certified that this rule, for the purpose of the 
Regulatory Flexibility Act (Pub. L. 96-354), does not have a 
significant impact on a substantial number of small entities.

List of Subjects in 28 CFR Part 501

    Prisoners.
Peter M. Carlson,
Acting Director, Bureau of Prisons.

    Accordingly, pursuant to 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), part 501 in subchapter A of 28 
CFR, chapter V is amended as set forth below.

SUBCHAPTER A--GENERAL MANAGEMENT AND ADMINISTRATION

PART 501--SCOPE OF RULES

    1. The authority citation for 28 CFR part 501 is revised 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; 28 
CFR 0.95-0.99.

    2. Section 501.2 is added to read as follows:


Sec. 501.2  National security cases.

    (a) Upon direction of the Attorney General, the Director, Bureau of 
Prisons, may authorize the Warden to implement special administrative 
measures that are reasonably necessary to prevent disclosure of 
classified information upon written certification to the Attorney 
General by the head of a member agency of the United States 
intelligence community that the unauthorized disclosure of such 
information would pose a threat to the national security and that there 
is a danger that the inmate will disclose such information. These 
special administrative measures may include placing the inmate in 
administrative detention and/or limiting certain privileges, including, 
but not limited to, correspondence, visiting, and use of telephone, as 
is reasonably necessary to prevent the disclosure of classified 
information. The authority of the Director under this paragraph may not 
be delegated below the level of Acting Director.
    (b) Designated staff shall provide to the affected inmate, as 
promptly as possible, written notification of the restrictions imposed 
and the basis for these restrictions. The notice's statement as to the 
basis may be limited in the interest of prison security or safety or 
national security. The inmate shall sign for and receive a copy of the 
notification.
    (c) Initial placement of an inmate in administrative detention and/
or any limitation of the inmate's privileges in accordance with 
paragraph (a) of this section may be imposed for up to 120 days. 
Special restrictions imposed in accordance with paragraph (a) of this 
section may be extended thereafter by the Director, Bureau of Prisons, 
in 120-day increments only upon receipt by the Attorney General of 
additional written certification from the head of a member agency of 
the United States intelligence community that the circumstances 
identified in the original certification continue to exist. The 
authority of the Director under this paragraph may not be delegated 
below the level of Acting Director.
    (d) The affected inmate may seek review of any special restrictions 
imposed in accordance with paragraph (a) of this section through the 
Administrative Remedy Program, 28 CFR Part 542.

[FR Doc. 95-25425 Filed 10-12-95; 8:45 am]
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