[Federal Register Volume 71, Number 212 (Thursday, November 2, 2006)]
[Proposed Rules]
[Pages 64505-64507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18447]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 545

[BOP Docket No. BOP 1132-P]
RIN 1120-AB33


Inmate Work and Performance Pay Program: Reduction in Pay for 
Drug- and Alcohol-Related Disciplinary Offenses

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed rule.

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[[Page 64506]]

SUMMARY: In this document, the Bureau of Prisons (Bureau) proposes to 
amend regulations on inmate work and performance pay to require that 
inmates receiving performance pay who are found through the 
disciplinary process (found in 28 CFR part 541) to have committed a 
level 100 or 200 series drug-or alcohol-related prohibited act will 
automatically have their performance pay reduced to maintenance pay 
level and will be removed from any assigned work detail outside the 
secure perimeter of the institution.

DATES: Comments are due by January 2, 2007.

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 rule at www.regulations.gov. You may also 
comment on this regulation via the Internet at [email protected] or by 
using the 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 amends 
regulations on inmate work and performance pay to require that inmates 
receiving performance pay who are found through the disciplinary 
process (found in 28 CFR part 541) to have committed a level 100 or 200 
series drug-or alcohol-related prohibited act will automatically have 
their performance pay reduced to maintenance pay level and will be 
removed from any assigned work detail outside the secure perimeter of 
the institution.
    The presence of even minute quantities of drug or alcohol 
contraband poses serious problems to the security, discipline, and good 
order of a correctional institution. By requiring a reduction in 
performance pay as a result of a level 100 or 200 series drug-or 
alcohol-related prohibited act, this rule provides a disincentive that 
is commensurate with the seriousness of those types of prohibited acts.
    We currently have similar rules removing inmates from certain 
programs as a collateral consequence of disciplinary action. For 
instance, 28 CFR 345.52(g), pertaining to inmates earning Federal 
Prison Industries premium pay, provides for automatic removal from 
premium pay status if an inmate is found by a DHO to have committed any 
level 100 or 200 series offense. Likewise, with regard to the Bureau's 
drug abuse treatment program, 28 CFR 550.56(d) states that the drug 
abuse treatment coordinator may remove from the program an inmate found 
to have committed any level 100 or 200 offense.
    Also, under 28 CFR 544.73 (b)(1)(ii), if an inmate commits a 
prohibited act during enrollment in the Bureau's Literacy Program, that 
inmate is considered not to be making ``satisfactory progress'' towards 
obtaining a General Educational Development (GED) credential, which 
could result in loss of good conduct time credit under 28 CFR 523.20.
    Like the aforementioned rules, this rule provides an additional 
disincentive for inmates in an effort to target and eliminate the use 
and/or introduction of drugs or alcohol into Bureau institutions.

Executive Order 12866

    This rule 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.
    The Bureau has assessed the costs and benefits of this rule as 
required by Executive Order 12866 Section 1(b)(6) and has made a 
reasoned determination that the benefits of this rule justify its 
costs. This rule will have the benefit of strengthening ongoing efforts 
to target and eliminate the use and/or introduction of drugs or alcohol 
into Bureau institutions. There will be no new costs associated with 
this rulemaking.

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 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, 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 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.

List of Subjects in 28 CFR Part 545

    Prisoners.

Harley G. Lappin,
Director, Bureau of Prisons.

    Under rulemaking authority vested in the Attorney General in 5 
U.S.C. 301; 28 U.S.C. 509, 510 and delegated to the Director, Bureau of 
Prisons in 28 CFR 0.96, we propose to amend 28 CFR part 545 as set 
forth below.

Subchapter C--Institutional Management

PART 545--WORK AND COMPENSATION

    1. Revise the authority citation for 28 CFR part 545 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.

    2. In Sec.  545.25, add paragraph (e) to read as follows:


Sec.  545.25  Eligibility for performance pay.

* * * * *
    (e) Inmates receiving performance pay who are found through the 
disciplinary

[[Page 64507]]

process (part 541 of this subchapter) to have committed a level 100 or 
200 series drug-or alcohol-related prohibited act will automatically 
have their performance pay reduced to maintenance pay level and will be 
removed from any assigned work detail outside the secure perimeter of 
the institution.

 [FR Doc. E6-18447 Filed 11-1-06; 8:45 am]
BILLING CODE 4410-05-P