[Federal Register Volume 67, Number 151 (Tuesday, August 6, 2002)]
[Rules and Regulations]
[Pages 50804-50805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19747]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 542

[BOP-1076-F]
RIN 1120-AA72


Administrative Remedy Program: Excluded Matters

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: In this document, the Bureau of Prisons (Bureau) amends its 
regulations to allow staff to process under the Administrative Remedy 
Program any request or appeal related to an inmate's conditions of 
confinement. We intend this amendment to provide the inmate with 
maximum opportunity to seek review of any issue related to his/her 
confinement.

DATES: This rule is effective August 6, 2002.

ADDRESSES: Rules Unit, Office of General Counsel, Bureau of Prisons, 
HOLC Room 754, 320 First Street, NW., Washington, DC 20534.

FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General 
Counsel, Bureau of Prisons, phone (202) 307-2105.

SUPPLEMENTARY INFORMATION: We proposed this rule on June 27, 2000 (65 
FR 39767). We received no comments on the proposed rule. In this 
document, we finalize the proposed rule.

What Does This Final Rule Do?

    This final rule amends our regulations on the Administrative Remedy 
Program (28 CFR part 542, subpart B, published in the Federal Register 
on January 2, 1996, at 61 FR 88).
    Administrative Remedy Program. The Bureau's Administrative Remedy 
Program allows inmates to seek review of issues relating to their 
confinement. Often, we may satisfy an inmate's grievance by explaining 
the relevant policy or practice. The Administrative Remedy Program also 
allows us to examine our policies and practices and make changes 
without judicial intervention.
    Our previous regulation. Previously, Sec. 542.12 specified matters 
excluded from consideration under the Administrative Remedy Program. 
Under paragraph (b) of this section, we did not accept requests or 
appeals for claims with other statutorily-mandated procedures 
(including tort claims [see 28 CFR 543, subpart C], Inmate Accident 
Compensation claims [28 CFR 301], and Freedom of Information Act or 
Privacy Act requests [28 CFR 513, subpart D]) for processing under the 
Administrative Remedy Program. We intended these exclusions to reflect 
the fact that there were other procedures for corrective action which 
would not be available under the Administrative Remedy Program.
    Our new final rule. In this rule, we remove these exclusions. In 
accepting such requests or appeals under the Administrative Remedy 
Program, we will more quickly address the full range of corrective 
actions available, including any that may be peripheral to issues which 
have other statutorily-mandated administrative procedures in place.
    For example, the Administrative Remedy Program ordinarily cannot 
provide monetary relief. An inmate's claim for monetary relief may, 
however, present the basis for non-monetary relief. Under the previous 
regulations, we did not ordinarily accept the inmate's claim in the 
Administrative Remedy Program, even though we could provide non-
monetary relief on the claim.
    Under this final rule, however, we will accept the inmate's claim 
for monetary relief in the Administrative Remedy Program. We will then 
provide non-monetary relief on the claim, if warranted, and refer the 
inmate to the appropriate statutorily-mandated procedure to resolve 
remaining issues.
    Where the inmate's claim can only be addressed by another 
administrative procedure, we will simply respond by referring the 
inmate to the appropriate procedure. Bureau staff responding to the 
administrative remedy are not responsible for investigating such a 
claim.
    Therefore, we delete Sec. 542.12. Sections 542.10 and 542.16 
already cover statements in Sec. 542.12 of the regulation's intent and 
provisions for assistance to the inmate. We also moved the previous 
stipulation in Sec. 542.12 that an inmate may not submit a Request or 
Appeal on behalf of another inmate to Sec. 542.10.
    We revise Sec. 542.10 to allow inmates to file any claim under the 
Administrative Remedy Program, even those which have statutorily-
mandated remedies. In our revision, we state that, if an inmate raises 
an issue in a request or appeal that cannot be resolved through the 
Administrative Remedy Program, we will refer the inmate to the 
appropriate statutorily-mandated procedures.
    This rule does not require the inmate to file under the 
Administrative Remedy Program before filing under statutorily-mandated 
procedures for tort claims (see 28 CFR 543, subpart C), Inmate Accident 
Compensation claims (28 CFR 301), and Freedom of Information Act or 
Privacy Act requests (28 CFR 513, subpart D).
    Of course, if an inmate has a claim that is solely governed by 
other statutorily-mandated administrative procedures, the inmate need 
not first file a claim under the Administrative Remedy Program.

Executive Order 12866

    The Office of Management and Budget (OMB) determined that certain 
rules are part of a category of actions which are not ``significant 
regulatory actions'' under section 3(f) of Executive Order 12866. 
Because this rule falls within that category, OMB did not review it.

Executive Order 13132

    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. Under Executive Order 13132, this rule 
does not have

[[Page 50805]]

sufficient federalism implications for which we would prepare 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. By 
approving it, the Director certifies that it will not have a 
significant economic impact upon a substantial number of small entities 
because: This rule is about 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 cause State, local and tribal governments, or 
the private sector, to spend $100,000,000 or more in any one year, and 
it will not significantly or uniquely affect small governments. We do 
not need to take action under 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 want to make our documents easier to read and understand. If you 
can suggest how to improve the clarity of these regulations, call or 
write to Sarah Qureshi at the address or telephone number listed above.

List of Subjects in 28 CFR Part 542

    Prisoners.

Kathleen Hawk Sawyer,
Director, Bureau of Prisons.

    Under rulemaking authority vested in the Attorney General in 5 
U.S.C. 552(a) and delegated to the Director, Bureau of Prisons, we 
amend 28 CFR part 542 as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 542--ADMINISTRATIVE REMEDY

    1. Revise the authority citation for 28 CFR part 542 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), 5006-5024 (Repealed October 12, 1984, as to 
offenses committed after that date), 5039; 28 U.S.C. 509, 510.

    2. Revise Sec. 542.10 to read as follows:


Sec. 542.10  Purpose and scope.

    (a) Purpose. The purpose of the Administrative Remedy Program is to 
allow an inmate to seek formal review of an issue relating to any 
aspect of his/her own confinement. An inmate may not submit a Request 
or Appeal on behalf of another inmate.
    (b) Scope. This Program applies to all inmates in institutions 
operated by the Bureau of Prisons, to inmates designated to contract 
Community Corrections Centers (CCCs) under Bureau of Prisons 
responsibility, and to former inmates for issues that arose during 
their confinement. This Program does not apply to inmates confined in 
other non-federal facilities.
    (c) Statutorily-mandated procedures. There are statutorily-mandated 
procedures in place for tort claims (28 CFR part 543, subpart C), 
Inmate Accident Compensation claims (28 CFR part 301), and Freedom of 
Information Act or Privacy Act requests (28 CFR part 513, subpart D). 
If an inmate raises an issue in a request or appeal that cannot be 
resolved through the Administrative Remedy Program, the Bureau will 
refer the inmate to the appropriate statutorily-mandated procedures.


Sec. 542.12  [Removed and Reserved]

    3. Remove and reserve Sec. 542.12.

[FR Doc. 02-19747 Filed 8-5-02; 8:45 am]
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