[Federal Register Volume 63, Number 200 (Friday, October 16, 1998)]
[Rules and Regulations]
[Page 55774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27879]



[[Page 55773]]

_______________________________________________________________________

Part VI





Department of Justice





_______________________________________________________________________



Bureau of Prisons



_______________________________________________________________________



28 CFR Parts 500, 503 and 551



Non-Discrimination Toward Inmates; Bureau of Prisons Central Office 
Regional Offices, Institutions, and Staff Training Centers; List of 
Bureau of Prisons Institutions; Final Rules and Notice

  Federal Register / Vol. 63, No. 200 / Friday, October 16, 1998 / 
Rules and Regulations  

[[Page 55774]]



DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 551

[BOP-1077-F]
RIN 1120-AA73


Non-Discrimination Toward Inmates

AGENCY: Bureau of Prisons, Justice.

ACTION: Final Rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Bureau of Prisons is revising its 
regulations on non-discrimination toward inmates for the sake of 
improved clarity of expression. This revision reaffirms that Bureau 
staff shall not discriminate against inmates on the basis of race, 
religion, national origin, sex, disability, or political belief. This 
includes the making of administrative decisions and providing access to 
work, housing and programs.

EFFECTIVE DATE: October 16, 1998.

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 of Prisons is amending its 
regulations on non-discrimination toward inmates (28 CFR part 551, 
subpart I). A final rule on this subject was published in the Federal 
Register April 4, 1980 (45 FR 23366) and was amended April 6, 1994 (59 
FR 16406).
    The Bureau's regulations previously stated that inmates may not be 
discriminated against on the basis of race, religion, nationality, sex, 
disability, or political belief, and that each Warden shall ensure that 
administrative decisions and work, housing, and program assignments are 
non-discriminatory. The Bureau is revising its regulations in order to 
restate the provisions in an active voice. The revised regulations make 
more clear the Bureau's intent that all staff are responsible for 
ensuring that their actions are in compliance. In restating the 
provisions in this manner, it is no longer necessary for the rules to 
identify the Warden as the person responsible for ensuring compliance. 
The Bureau's internal administrative procedures are sufficient to 
assure that the Warden is responsible for the institution's operations. 
With respect to the bases of discriminations, the Bureau has replaced 
the term ``nationality'' with the phrase ``national origin''.
    Because this amendment is editorial in nature and does not change 
the intent of the previous regulations, the Bureau finds good cause for 
exempting the provisions of the Administrative Procedure Act (5 U.S.C. 
553) requiring notice of proposed rulemaking, the opportunity for 
public comment, and delay in effective date. Members of the public may 
submit comments concerning this rule by writing to the previously cited 
address. These comments will be considered but will receive no response 
in the Federal Register.
    This rule falls within a category of actions that the Office of 
Management and Budget (OMB) has determined not to constitute 
``significant regulatory actions'' under section 3(f) of Executive 
Order 12866 and, accordingly, it was not reviewed by OMB. After review 
of the law and regulations, the Director, Bureau of Prisons certifies 
that this rule, for the purpose of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.), does not have a significant economic impact on a 
substantial number of small entities, within the meaning of the Act. 
Because this rule pertains to the correctional management of offenders 
committed to the custody of the Attorney General or the Director of the 
Bureau of Prisons, its economic impact is limited to the Bureau's 
appropriated funds.

List of Subjects in 28 CFR Part 551

    Prisoners.
Kathleen Hawk Sawyer,
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 551 in subchapter C of 28 
CFR, chapter V is amended as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 551--MISCELLANEOUS

    1. The authority citation for 28 CFR 551 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 1512, 3621, 3622, 3624, 4001, 
4005, 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; Pub. L. 99-500 (sec. 209); 28 CFR 0.95-0.99; Attorney 
General's August 6, 1991 Guidelines for Victim and Witness 
Assistance.

    2. Subpart I of 28 CFR part 551 is revised to read as follows:

Subpart I--Non-Discrimination Toward Inmates


Sec. 551.90  Policy.

    Bureau staff shall not discriminate against inmates on the basis of 
race, religion, national origin, sex, disability, or political belief. 
This includes the making of administrative decisions and providing 
access to work, housing and programs.

[FR Doc. 98-27879 Filed 10-15-98; 8:45 am]
BILLING CODE 4410-05-U