[Federal Register Volume 64, Number 248 (Tuesday, December 28, 1999)]
[Rules and Regulations]
[Pages 72798-72799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33484]



[[Page 72797]]

_______________________________________________________________________

Part VI





Department of Justice





_______________________________________________________________________



Bureau of Prisons



_______________________________________________________________________



28 CFR Part 545



Inmate Financial Responsibility Program: Spending Limitations; Final 
Rule

  Federal Register / Vol. 64, No. 248 / Tuesday, December 28, 1999 / 
Rules and Regulations  

[[Page 72798]]


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


DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 545

[BOP-1050-F]
RIN 1120-AA49


Inmate Financial Responsibility Program: Spending Limitations

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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

SUMMARY: In this document, the Bureau of Prisons (Bureau) is amending 
its regulations on the inmate financial responsibility program (IFRP) 
to impose a spending limitation of at least $25 per month upon the 
commissary purchases of IFRP refusees, excluding the purchase of 
stamps, telephone credits, and, if purchased by a common fare 
participant, Kosher/Halal certified shelf-stable entrees. Additional 
changes to the regulations are also being made for the sake of clarity, 
editorial consistency, and for administrative efficiency. These actions 
are intended to encourage inmates to participate in the IFRP.

EFFECTIVE DATE: January 27, 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, telephone (202) 514-6655.

SUPPLEMENTARY INFORMATION: The Bureau of Prisons (Bureau) is amending 
its regulations on the inmate financial responsibility program (IFRP) 
(28 CFR part 545, subpart B). A proposed rule on this subject was 
published in the Federal Register on January 2, 1996 (61 FR 92).
    In accordance with provisions of the Settlement Agreement in 
Washington v. Reno, section III A, the Bureau proposed a rule requiring 
only debit telephone calling privileges for inmates who refuse to 
participate in the IFRP, and to limit such debit calling privileges to 
60 minutes of debit calls per month. This proposed limitation would not 
take effect until installation of the Bureau's new nation-wide inmate 
telephone system, per terms of the settlement in Washington v. Reno. 
Because that telephone system has not been installed, the Bureau cannot 
finalize that rule at this time.
    The Bureau also proposed to amend 28 CFR 545.11(d)(6) with respect 
to the monthly commissary spending limitation imposed upon inmates who 
refuse to participate in the IFRP. This provision previously prohibited 
inmates who refuse to participate in IFRP from purchasing any items in 
excess of the monthly spending limitation for all inmates, including 
special purchase items like sports equipment, hobby crafts, etc. The 
Bureau had proposed to revise this provision to impose upon IFRP 
refusees a more stringent monthly spending limitation than that imposed 
upon all inmates. Pursuant to the terms of the settlement in Washington 
v. Reno, the proposed rule specified that the monthly spending 
limitation upon IFRP refusees shall be at least $25 per month and 
excludes purchases of stamps and telephone credits. No comment was 
received on this aspect of the proposed rule. The Bureau is adopting 
this same proposed provision as final, except that the Bureau has 
expanded the list of items excluded from the more stringent spending 
limitation to include purchases by a common fare participant of Kosher/
Halal certified shelf-stable entrees. As a further clarification, the 
final rule states that purchases of stamps, phone credits, and shelf-
stable Kosher/Halal items remain subject to the limitations set forth 
in Bureau regulations and policies for these items.
    The Bureau is making additional changes to Sec. 545.11 for the sake 
of clarity, editorial consistency, and for administrative efficiency. 
In the introductory text of paragraph (b), the provisions describing 
the financial plan calculation have been revised for the sake of 
clarity. In paragraph (b)(2), the designated official for approving 
allotments less the 50% minimum is now the Unit Manager rather than the 
Warden. This delegation is being made for reasons of administrative 
efficiency. In (b)(9) the concluding punctuation has been revised for 
editorial consistency. Finally, in paragraph (d)(2) the Bureau is 
clarifying that IFRP refusees may be eligible for medical furloughs.
    Interested persons may submit further comments concerning this rule 
by writing to the Rules Unit, Bureau of Prisons, 320 First Street, NW, 
HOLC Room 754, Washington, DC 20534. These comments will be considered 
but will receive no response in the Federal Register.

Executive Order 12866

    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.

Executive Order 12612

    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, in accordance with Executive 
Order 12612, it is determined that this rule does not have sufficient 
federalism implications to warrant the 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)), has reviewed this 
regulation and by approving it certifies that this regulation will not 
have a significant economic impact upon a substantial number of small 
entities for the following reasons: 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, 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 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 Sec. 804 of the Small 
Business Regulatory Enforcement Fairness Act of 1996. This rule 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 try to write clearly. If you can suggest how to improve the 
clarity of these regulations, call or write Roy Nanovic, Rules Unit, 
Office of General Counsel, Bureau of Prisons, HOLC Room 754, 320 First 
Street, NW., Washington, DC 20534.

[[Page 72799]]

List of Subjects in 28 CFR Part 545

    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 545 in subchapter C of 28 
CFR, chapter V is amended as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 545--WORK AND COMPENSATION

    1. The authority citation for 28 CFR part 545 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3013, 3571, 3572, 3621, 3622, 
3624, 3663, 4001, 4042, 4081, 4082 (Repealed in part as to offenses 
committed on or after November 1, 1987), 4126, 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. In Sec. 545.11, the introductory text of paragraph (b) is 
amended by removing the third sentence and adding two new sentences in 
its place, paragraph (b)(2) is amended by revising the second sentence, 
paragraphs (d)(2) and (d)(6) are revised, and paragraph (d)(9) is 
amended by removing the period and adding in its place a semi-colon:


Sec. 545.11  Procedures.

* * * * *
    (b) Payment. * * * In developing an inmate's financial plan, the 
unit team shall first subtract from the trust fund account the inmate's 
minimum payment schedule for UNICOR or non-UNICOR work assignments, set 
forth in paragraphs (b)(1) and (b)(2) of this section. The unit team 
shall then exclude from its assessment $75.00 a month deposited into 
the inmate's trust fund account. * * *
* * * * *
    (2) * * * Any allotment which is less than the 50% minimum must be 
approved by the Unit Manager. * * *
* * * * *
    (d) * * *
    (2) The inmate will not receive any furlough (other than possibly 
an emergency or medical furlough);
* * * * *
    (6) The inmate shall be subject to a monthly commissary spending 
limitation more stringent than the monthly commissary spending 
limitation set for all inmates. This more stringent commissary spending 
limitation for IFRP refusees shall be at least $25 per month, excluding 
purchases of stamps, telephone credits, and, if the inmate is a common 
fare participant, Kosher/Halal certified shelf-stable entrees to the 
extent that such purchases are allowable under pertinent Bureau 
regulations;
* * * * *
[FR Doc. 99-33484 Filed 12-27-99; 8:45 am]
BILLING CODE 4410-05-P