[Federal Register Volume 71, Number 63 (Monday, April 3, 2006)]
[Proposed Rules]
[Pages 16520-16525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4766]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 540

[BOP Docket No. 1135-P]
RIN 1120-AB35


Limited Communication for Terrorist Inmates

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed rule.

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

SUMMARY: In this document, the Bureau of Prisons (Bureau) proposes a 
new regulation that allows for limiting the communication opportunities 
of inmates charged with, convicted of, or detained in relation to, an 
offense under Title 18 U.S.C. chapters 113B or 115; or are charged with 
having engaged in, have engaged in, are detained in relation to, or who 
have an identifiable link to terrorist-related activity. The Warden may 
only impose communication restrictions under this regulation, when the 
Federal Bureau of Investigation (FBI), or other Federal law enforcement 
agency, makes a request to the Bureau to have an individual inmate's 
communications limited, unless Bureau of Prisons information indicates 
a similar need to impose the communication restriction. Once this 
request by the FBI or other Federal law enforcement agency is made, the 
Warden of the facility where the inmate is housed will consider whether 
such a limitation is necessary to ensure the

[[Page 16521]]

safety and security of the institution; protection of the public; or 
national security. If the Warden deems it necessary, the inmate's 
communications will be limited after approval by the Regional Director 
and the Assistant Director, Correctional Programs Division.

DATES: Comments are due by June 2, 2006.

ADDRESSES: Our e-mail address is [email protected]. Comments should be 
submitted to the Rules Unit, Office of General Counsel, Bureau of 
Prisons, 320 First Street, NW., Washington, DC 20534. You may view an 
electronic version of this regulation at http://www.regulations.gov. 
You may also comment via the Internet to BOP at [email protected] or by 
using the http://www.regulations.gov comment form for this regulation. 
When submitting comments electronically you must include the BOP Docket 
No. in the subject box.

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

SUPPLEMENTARY INFORMATION: In this document, the Bureau issues a new 
regulation that allows for limiting the communication opportunities of 
inmates charged with, convicted of, or detained in relation to an 
offense under Title 18 U.S.C. Chapters 113B or 115; or are charged with 
having engaged in, have engaged in, are detained in relation to, or who 
have an identifiable link to terrorist-related activity.
    Under this regulation, when the Federal Bureau of Investigation 
(FBI), or other Federal law enforcement agency, makes a request to the 
Bureau to have an individual inmate's communications limited, the 
Warden of the facility where the inmate is housed will consider whether 
such a limitation is necessary to ensure the safety and security of the 
institution; protection of the public; or national security. The Warden 
may also initiate the process if Bureau of Prisons information 
indicates a similar need to impose communication restrictions. If the 
Warden deems it necessary, the inmate's communications will be limited 
after approval by the Regional Director and the Assistant Director, 
Correctional Programs Division.
    While this regulation may allow for limiting the communication of 
inmates to whom it is applied, it will not extinguish their monitored 
communication abilities absent abuse or violations committed by the 
inmate. With this regulation, the Bureau seeks, when warranted, on a 
case-by-case basis, to minimize communication while still accommodating 
the rights guaranteed by the First Amendment to petition for redress of 
grievances. By limiting the communications of these inmates, the Bureau 
seeks to balance First Amendment rights with its obligations to ensure 
the safety and security of the institution; protection of the public; 
and/or national security.
    The proposed regulation would give the Bureau authority for 
imposing limits and restrictions on the communications of inmates in 
the Bureau's custody based on criteria or evidence, either from outside 
sources (such as other federal agencies) or from internal sources (such 
as intelligence gained through observation of inmates in Bureau 
custody). Communications would be limited if such evidence indicates, 
inter alia, a high degree of potential risk to national security. 
However, this regulation will be applied differently from regulations 
in 28 CFR part 501, which authorize the Attorney General to impose 
special administrative measures (SAMs).
    Under 28 CFR part 501, SAMs are imposed after approval by the 
Attorney General and are generally based on information from the FBI 
and the U.S. Attorney's Office (USAO), but are typically not based 
solely on information from internal Bureau of Prisons sources. Unlike 
28 CFR part 501, the proposed regulations allow the Bureau to impose 
communication limits upon request from FBI or other Federal law 
enforcement agency, or if Bureau of Prisons information indicates a 
similar need to impose communication restrictions, evidence which does 
not rise to the same degree of potential risk to national security or 
risk of acts of violence or terrorism which would warrant the Attorney 
General's intervention by issuance of a SAM.
    Furthermore, while SAMs have the potential to restrict 
communication entirely, this regulation delineates a floor of limited 
communication, beneath which the Bureau cannot restrict unless 
precipitated by the inmate's violation of imposed limitations, and then 
only as a disciplinary sanction following due process procedures in 28 
CFR part 541.
    Past behaviors of terrorist inmates provide sufficient grounds to 
suggest a substantial risk that they may inspire or incite terrorist-
related activity, especially if communicated to groups willing to 
become martyrs, or to provide equipment or logistics to carry out 
terrorist-related activities. The potential ramifications of this 
activity outweigh the inmate's interest in unlimited communication with 
persons in the community other than immediate family members, U.S. 
courts, Federal judges, U.S. Attorney's Offices, members of U.S. 
Congress, the Bureau, other Federal law enforcement entities, verified 
consular officers of the inmate's country if the inmate is a national 
of a foreign country, and the inmate's attorney.
    Communication related to terrorist-related activity can occur in 
codes which are difficult to detect and extremely time-consuming to 
interpret. Inmates involved in such communication, and other persons 
involved or linked to terrorist-related activities, take on an exalted 
status with other like-minded individuals. Their communications acquire 
a special level of inspirational significance for those who are already 
predisposed to these views, causing a substantial risk that such 
recipients of their communications will be incited to unlawful 
terrorist-related activity.
    The danger of coded messages from prisoners has been recognized by 
the courts. See Turner v. Safley, 482 U.S. 78, 93 (1987) (``In any 
event, prisoners could easily write in jargon or codes to prevent 
detection of their real messages.''); United States v. Salameh, 152 
F.3d 88, 108 (2nd Cir. 1998) (``Because Ajaj was in jail and his 
telephone calls were monitored, Ajaj and Yousef spoke in code when 
discussing the bomb plot.''); United States v. Johnson, 223 F.3d 665, 
673 (7th Cir. 2000) (``And we know that anyone who has access to a 
telephone or is permitted to receive visitors may be able to transmit a 
lethal message in code.''); United States v. Hammoud, 381 F.3d 316, 334 
(4th Cir. 2004) (``A conversation that seems innocuous on one day may 
later turn out to be of great significance, particularly if the 
individuals are talking in code.''); United States v. Moncivais, 401 
F.3d 751, 757 (6th Cir. 2005) (noting police testimony that seemingly 
nonsensical conversations could be in code and interpreted as 
indicative of drug dealing activity). Also, an Al Qaeda training manual 
contains the following advice regarding communications from prison: 
``Take advantage of visits to communicate with brothers outside prison 
and exchange information that may be helpful to them in their work 
outside prison. The importance of mastering the art of hiding messages 
is self evident here.''
    There have been cases of imprisoned terrorists communicating with 
their followers regarding future terrorist activity. For example, after 
El Sayyid Nosair assassinated Rabbi Kahane, he was placed in Rikers 
Island, where ``he began to receive a steady stream of

[[Page 16522]]

visitors, most regularly his cousin El-Gabrowny, and also Abouhalima, 
Salameh, and Ayyad. During these visits, as well as subsequent visits 
once Nosair was at Attica, Nosair suggested numerous terrorist 
operations, including the murders of the judge who sentenced him and of 
Dov Hikind, a New York City Assemblyman, and chided his visitors for 
doing nothing to further the jihad against the oppressors. Nosair also 
tape recorded messages while in custody * * * '' United States v. 
Rahman, 189 F.3d 88, 105-06 (2d Cir. 1999). Imprisoned, Sheikh Abdel 
Rahman had urged his followers to wage jihad to obtain his release. 
Violent attacks and murders followed. United States v. Sattar, 314 
F.Supp.2d 279, 288-89 (S.D.N.Y. 2004).
    To minimize the risk of terrorist-related communication being sent 
to or from inmates in Bureau custody, this regulation allows the 
Bureau, upon request from FBI or other Federal law enforcement agency 
or if Bureau of Prisons information indicates a similar need to impose 
communication restrictions, to limit the communication of inmates, 
individually identified under this regulation, to immediate family 
members, U.S. courts, Federal judges, U.S. Attorney's Offices, members 
of U.S. Congress, the Bureau, other Federal law enforcement entities, 
verified consular officers of the inmate's country if the inmate is a 
national of a foreign country, and the inmate's attorney. The Bureau 
allows communication with these individuals to help inmates maintain 
family ties, and to protect inmates' access to courts and other 
government officials in order to raise issues related to their 
incarceration or their conditions of confinement, while minimizing the 
threat to the safety and security of the institution and protecting the 
public and national security.
    The proposed regulation provides that the initial decision 
regarding whether an inmate's communication will be limited will be 
made when FBI or another Federal law enforcement agency makes a request 
to the Bureau to have an inmate's communication limited, or if Bureau 
of Prisons information indicates a similar need to impose communication 
restrictions.
    Upon receiving such a request from the FBI or other Federal law 
enforcement agency, the Warden of the facility where the inmate is 
housed will consider whether such limitations are necessary to ensure 
the safety and security of the institution; protection of the public; 
or national security.
    If the Warden deems such limitations necessary, that inmate's 
communications will be so limited after approval by the Regional 
Director and the Assistant Director, Correctional Programs Division.
    The Warden is in the unique position of having access to a wide 
variety of information regarding an inmate's past and present activity 
and propensities, and can analyze the totality of an inmate's 
circumstances to determine whether to limit communications. The Warden 
will also be aware of national security concerns, and can assess the 
propensity of inmates to act in a way that presents a national security 
risk, such as attempting to recruit others, based on available 
information.
    Currently, there are several Bureau regulations which underscore 
the Warden's authority and unique ability to make determinations and 
take action to ensure protection of the public. For instance, in the 
Bureau's Federal regulations in volume 28 of the Code of Federal 
Regulations:

     Sections 524.70-524.76, regarding the Central Inmate 
Monitoring (CIM) System, allows the Warden to evaluate and determine 
whether certain inmates present special needs for management and 
therefore require a higher level of review for transfers, temporary 
releases, or community activities, not to preclude such inmates from 
such activities where otherwise eligible, but to provide necessary 
protection to all concerned. Section 540.14(d) states that the 
Warden may reject correspondence sent by or to an inmate if it is 
determined detrimental to the security, good order, or discipline of 
the institution, to the protection of the public, or if it might 
facilitate criminal activity.
     Section 540.15 allows the Warden to place an inmate on 
restricted general correspondence for several reasons, including if 
the inmate is a security risk, threatens a government official, or 
otherwise attempts to commit illegal activities.
     Section 540.100(a) states that inmate telephone use is 
subject to those limitations which the Warden determines are 
necessary to ensure the security or good order, including 
discipline, of the institution or to protect the public. More 
specifically, Sec.  540.101(a)(3) allows the Associate Warden to 
deny placement of a telephone number on an inmate's telephone list 
if she/he determines that there is a threat to the public. Sec.  
540.102 allows for monitoring of inmate telephone calls, also to 
protect the public.
     Section 545.23(d) provides that, when making inmate 
work assignments, Wardens must consider the institution's security 
and operational needs, and [the assignment] should be consistent 
with the safekeeping of the inmate and protection of the public.
     Section 570.35(a) requires the Warden to make a 
determination regarding whether granting an inmate a furlough if the 
presence of that inmate in the community could attract undue public 
attention or create unusual concern.

    When applied to individual inmates under this regulation, the 
Bureau will actively monitor the frequency, volume, and content of 
their limited communications, except those to/from the inmate's 
attorney or a verified consular officer. To effectively and efficiently 
allow monitoring and review of these inmates' communications with 
immediate family members, those communications may be limited in 
frequency and volume as follows:

     Written correspondence may be limited to three pieces 
of paper, double-sided, once per week to and from a single 
recipient;
     Telephone communication may be limited to a single 
completed call per calendar month for up to 15 minutes; and
     Visiting may be limited to one hour each calendar 
month.

    Absent abuse or violations by the inmate, this regulation does not 
limit the frequency or volume of written communication with U.S. 
courts, Federal judges, U.S. Attorney's Offices, members of U.S. 
Congress, the Bureau, other Federal law enforcement entities, verified 
consular officers of the inmate's country if the inmate is a national 
of a foreign country, and the inmate's attorney.
    By limiting the frequency and volume of the communication to/from 
inmates identified under this regulation, we will reduce the amount of 
communication requiring monitoring and review. Reducing the volume of 
communications will help ensure the Bureau's ability to provide 
heightened scrutiny in reviewing communications, and thereby reducing 
the terrorism threat to the public and national security.
    Inmates may incur additional limitations on their communications as 
the direct result of abusing or violating individualized communication 
limits imposed under this subsection, but additional limitations will 
occur only to the extent possible under this regulation and according 
to the procedures in this subsection. Unmonitored communications with 
verified attorneys and consular officers may be further limited in the 
form of monitoring only as provided in part 501 and 28 CFR part 543. 
Inmates may also be subject to disciplinary action or criminal 
prosecution for abusing or violating limits imposed under this 
subsection.

Executive Order 12866

    This regulation falls within a category of actions that the Office 
of Management and Budget (OMB) has determined to constitute 
``significant regulatory actions'' under section 3(f) of Executive 
Order 12866 and, accordingly, it was reviewed by OMB.

[[Page 16523]]

    The Bureau of Prisons has assessed the costs and benefits of this 
regulation as required by Executive Order 12866 Section 1(b)(6) and has 
made a reasoned determination that the benefits of this regulation 
justify its costs. There will be no new costs associated with this 
regulation.

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. Therefore, 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 by 
approving it certifies that it will not have a significant economic 
impact upon a substantial number of small entities for the following 
reasons: This regulation pertains to the correctional management of 
offenders and immigration detainees 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 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 were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This regulation is not a major rule as defined by Sec.  804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. 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 540

    Prisoners.

Harley G. Lappin,
Director, Bureau of Prisons.

    Under the rulemaking authority vested in the Attorney General in 5 
U.S.C. 552(a) and delegated to the Director, Bureau of Prisons, we 
propose to amend 28 CFR part 540 as follows.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 540--CONTACT WITH PERSONS IN THE COMMUNITY

    1. The authority citation for 28 CFR part 540 is revised to read as 
follows:

    Authority: 5 U.S.C. 301, 551, 552a; 18 U.S.C. Chapters 113b and 
115, 1791, 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, 530C(b)(6).

    2. Add a new subpart J, to read as follows:
Subpart J--Limited Communication of Terrorist Inmates
Sec.
540.200 Purpose and Scope.
540.201 Definitions.
540.202 Limited Written Correspondence.
540.203 Limited Telephone Communication.
540.204 Limited Visiting.
540.205 Procedures.

Subpart J--Limited Communication of Terrorist Inmates


Sec.  540.200  Purpose and Scope.

    (a) This subpart authorizes and defines the Federal Bureau of 
Prisons' (Bureau) authority to limit the communication of inmates (as 
defined in 28 CFR 500.1(c)) who have an identifiable link to terrorist-
related activity as provided in paragraph (b) of this section.
    (b) This subpart may be applied to inmates in Bureau custody who 
are not under special administrative measures as described in 28 CFR 
part 501, who meet the criteria in Sec.  540.205(b), and who:
    (1) Are charged with, convicted of, or detained in relation to, an 
offense under Title 18 U.S.C. Chapters 113B or 115, or
    (2) Are charged with having engaged in, have engaged in, are 
detained in relation to, or have an identifiable link to terrorist-
related activity.
    (c) The regulations in this subpart supercede and control to the 
extent they conflict with, are inconsistent with, or impose greater 
limitations than the regulations in 28 CFR part 540, or any other 
regulations in this chapter, except 28 CFR part 501.


Sec.  540.201  Definitions.

    As used in this subpart:
    (a) Terrorist-related activity means any activity that--
    (1) Involves violent acts or acts dangerous to human life that are 
a violation of the criminal laws of the United States or of any State, 
or that would be a criminal violation if committed within the 
jurisdiction of the United States or of any State; and
    (2) Appears to be intended--
    (i) To intimidate or coerce a civilian population;
    (ii) To influence the policy of a government by intimidation or 
coercion; or
    (iii) To affect the conduct of a government by mass destruction, 
assassination, or kidnaping.
    (b) Engaging in terrorist-related activity means, in an individual 
capacity or as a member of an organization:
    (1) To commit, or to incite to commit activity described in 
paragraph (a) of this regulation;
    (2) To prepare or plan activity described in paragraph (a) of this 
regulation;
    (3) To gather information on potential targets for activity 
described in paragraph (a) of this regulation;
    (4) To contribute, donate or solicit funds or other things of value 
for:
    (i) Activity described in paragraph (a) of this regulation; or
    (ii) A terrorist-related organization;
    (5) To solicit any individual:
    (i) To engage in conduct otherwise described in this subpart; or
    (ii) For membership in a terrorist-related organization; or
    (6) To commit an act that the actor knows, or reasonably should 
know, affords material support, including a safe house, transportation, 
communications, funds, transfer of funds or other material financial 
benefit, false documentation or identification, weapons (including 
chemical, biological, or radiological weapons), explosives, or 
training:
    (i) For the commission of activity described in paragraph (a) of 
this regulation;
    (ii) To any individual who the actor knows, or reasonably should 
know, has committed or plans to commit activity described in paragraph 
(a) of this regulation; or
    (iii) To a terrorist-related organization.
    (c) Terrorist-related organization means an organization:
    (1) Designated under section 1189 of Title 8;

[[Page 16524]]

    (2) Otherwise designated, via publication in the Federal Register, 
by the Secretary of State in consultation with or upon the request of 
the Attorney General, as a terrorist organization, after finding that 
the organization engages in terrorist-related activities; or
    (3) That is a group of two or more individuals, whether organized 
or not, which engages in terrorist-related activities.
    (d) Immediate family members means spouse, mother, father, 
siblings, and children.


Sec.  540.202  Limited Written Correspondence.

    The ability of inmates covered by this subpart to engage in written 
correspondence may be limited as follows:
    (a) General correspondence. All general correspondence, as defined 
by part 540, may be limited to immediate family members. Correspondence 
to and/or from U.S. courts, Federal judges, U.S. Attorney's Offices, 
members of U.S. Congress, the Bureau, and other Federal law enforcement 
entities will be considered general correspondence, for the purposes of 
this regulation, as described below.
    (1) Correspondence with immediate family members. Volume and 
frequency of outgoing and incoming general correspondence with 
immediate family members only, may be limited to three pieces of paper 
(not larger than 8\1/2\ x 11 inches), double-sided writing permitted, 
once per calendar week to and from a single recipient.
    (2) Correspondence with U.S. courts, Federal judges, U.S. 
Attorney's Offices, members of U.S. Congress, the Bureau, and other 
Federal law enforcement entities. There is no frequency or volume 
limitation on this type of correspondence, unless the quantity to be 
processed becomes unreasonable or the inmate abuses or violates these 
regulations. This correspondence is subject to staff inspection for 
contraband and for content.
    (b) Special mail, as defined in part 540, is limited to privileged 
communication with the inmate's attorney and, if the inmate is a 
national of a foreign country, a verified consular officer of that 
country. There is no frequency or volume limitation on this type 
correspondence, unless necessary as a result of the inmate's abuse or 
violation of these regulations. All special mail is subject to staff 
inspection in the inmate's presence for contraband and to ensure its 
qualification as special mail.


Sec.  540.203  Limited Telephone Communication.

    The ability of inmates covered by this subpart to engage in 
telephone communication may be limited as follows:
    (a) Monitored telephone communication may be limited to immediate 
family members only. The frequency and duration of this communication 
may be limited to a single connected call per calendar month lasting no 
longer than 15 minutes. Communication must be in English or 
simultaneously translated by an approved interpreter.
    (b) Unmonitored telephone communication is limited to privileged 
communication with the inmate's attorney and, if the inmate is a 
national of a foreign country, to telephone conversations with verified 
consular representatives of that country. Unmonitored privileged 
telephone communication with the inmate's attorney is permitted:
    (1) For pretrial inmates (as defined in 28 CFR part 551), upon 
request of the inmate, as available resources permit; and
    (2) For convicted inmates (as defined in 28 CFR part 551), as 
necessary in furtherance of active litigation, after establishing that 
communication with the verified attorney by confidential correspondence 
or visiting, or monitored telephone use, is not adequate due to an 
urgent or impending deadline.


Sec.  540.204  Limited Visiting.

    The ability of inmates covered by this subpart to visit with 
persons from the community may be limited as follows:
    (a) Regular visiting may be limited to immediate family members.
    (1) The frequency and duration of regular visiting may be limited 
to one hour each calendar month. The number of visitors permitted 
during any visit is within the Warden's discretion. Such visits may 
occur through contact or non-contact visiting facilities, at the 
discretion of the Warden.
    (2) Regular visits may be simultaneously monitored and/or recorded, 
both visually and auditorily, either in person or electronically.
    (3) Communication during such visits must occur either in English, 
or be simultaneously translated by an approved interpreter.
    (b) Attorney visiting is limited to attorney-client privileged 
communication as provided in part 540. Attorney visiting is permitted 
for the inmate's verified attorney only, unless the inmate is in the 
process of obtaining an attorney. These visits may be visually, but not 
auditorily, monitored.
    (1) For pretrial inmates (as defined in 28 CFR part 551), 
regulations and policies previously established under 28 CFR part 551 
are applicable.
    (2) For convicted inmates (as defined in 28 CFR part 551), 
regulations and policies previously established under 28 CFR part 543 
are applicable.
    (c) Consular visiting is limited to the inmate's verified consular 
officer, for inmates who are nationals of a foreign country, as 
provided in 28 CFR part 540. Consular officer visits may be visually, 
but not auditorily, monitored.


Sec.  540.205  Procedures.

    When warranted, limited communication under this subpart will be 
implemented according to the following procedures:
    (a) Initiation. The process of limiting communications under this 
subpart may begin either when:
    (1) The Federal Bureau of Investigation, or other Federal law 
enforcement agency, makes an initial request to the Bureau of Prisons 
to have an inmate's communications limited under this subpart; or
    (2) The Bureau deems it necessary to limit an inmate's 
communications under this subpart based on consideration of factors 
described in (b).
    (b) Consideration of factors. In addition to the criteria provided 
in Sec.  540.200(b) and any request made by a Federal law enforcement 
agency under (a), the Warden must also make a determination that 
limiting the inmate's communication is necessary to ensure the safety 
and security of the institution; protection of the public; or national 
security. This determination will be made after considering factors 
including, but not limited to, the following:
    (1) Information that leads the Warden, while using sound 
correctional judgment, to reasonably believe that the inmate may 
attempt to, or has a propensity to, communicate messages harmful to the 
safety and security of the institution, the protection of the public, 
or national security;
    (2) Actual charges, convictions and/or reasons for detention;
    (3) Past or present conduct either before or during incarceration, 
including, but not limited to, terrorist alliances or possession of 
terrorist-related material;
    (4) Confirmed membership or leadership role in a terrorist-related 
organization;
    (5) Admission by inmate of terrorist-related conduct;
    (6) Information provided by a law enforcement and/or intelligence 
entity,

[[Page 16525]]

or determined by the Bureau in any other manner, including, but not 
limited to, threat assessments prepared by the Federal Bureau of 
Investigation, court documents, pre-sentence reports, and similar 
official documents;
    (7) Information relating to past practice or attempted past 
practice of the inmate to communicate messages to others that, if not 
intercepted, could cause harm to the safety, security, or good order of 
the institution, the protection of the public, or national security; or
    (8) The significance of the operational role the inmate had (such 
as planning, directing, executing, or assisting in actual terrorist 
acts) or material support role (such as training, arming, transporting, 
recruiting, communicating for, or providing safe harbor for terrorist 
operators) in terrorist or terrorist-related activities.
    (c) Decision authority. If the Warden deems it necessary, the 
inmate's communications will be limited after approval by the Regional 
Director and the Assistant Director, Correctional Programs Division, or 
any of their respective designees.
    (d) Written notice. Inmates designated for limited communication 
under this subpart will receive written notice from the Warden, or 
designee, which will:
    (1) Explain the specific limitations imposed and communication 
privileges allowed, which should be tailored to the particular 
circumstances of the inmate;
    (2) Explain the reasons for the limitations, unless providing such 
information would jeopardize the safety or security of the institution; 
protection of the public; or national security; and
    (3) Indicate the inmate's ability to challenge the decision through 
the Bureau's administrative remedy program.
    (e) Annual review. Individual inmate limitations will be reviewed 
annually from the date of imposition under the same criteria required 
for the initial determination in paragraphs (b) and (c) of this 
section. A determination to renew, modify, or remove the limitations 
must be communicated to the inmate through written notice, as described 
in paragraph (d) of this section. Failure to provide such notice to the 
inmate of renewal or modification of the limitations at least annually 
from the date of imposition will result in expiration of those 
limitations.
    (f) Further Limitations Possible. Inmates may incur additional 
limitations on their communications as the direct result of abusing or 
violating individualized communication limits imposed under this 
subpart. Further limitations for these purposes may only occur as part 
of a temporary disciplinary sanction pursuant to procedures in 28 CFR 
part 541 or according to the procedures in this section for initially 
imposing the limitations. Unmonitored communications with verified 
attorneys and consular officers may be further restricted only as 
provided in part 501 and 28 CFR part 543. Inmates may also be subject 
to disciplinary action or criminal prosecution.

[FR Doc. E6-4766 Filed 3-31-06; 8:45 am]
BILLING CODE 4410-05-P