20 June 1997
Source: http://www.access.gpo.gov/su_docs/aces/aces140.html

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[Federal Register: October 13, 1995 (Volume 60, Number 198)]
[Rules and Regulations ]
[Page 53489-53490]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13oc95-21]

[[Page 53489]]

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Part V

Department of Justice

_______________________________________________________________________

Bureau of Prisons

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28 CFR Part 501

National Security: Implementation of Administrative Measures To Prevent
Disclosure of Classified Information; Final Rule

[[Page 53490]]

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 501

[BOP-1046-I]
RIN 1120-AA47


Scope of Rules: National Security

AGENCY: Bureau of Prisons, Justice.

ACTION: Interim rule with request for comments.

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SUMMARY: This document amends Bureau of Prisons regulations on
institutional management with respect to special administrative
measures that may be necessary to avoid the risk of disclosure of
classified information that could endanger national security. The
affected inmate must be notified in writing as promptly as possible of
the restrictions to be imposed. Restrictions may be imposed initially
for up to 120 days, and may be extended in further increments of 120
days only upon additional written notification that the circumstances
identified in the original certification continue to exist.

DATES: This rule shall take effect October 13, 1995; comments must be
submitted by December 12, 1995.

ADDRESSES: 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 (``Bureau'') is
adopting interim regulations on the correctional management of cases
implicating national security. Under these interim regulations, the
Warden may implement administrative measures that are reasonably
necessary to prevent disclosure of classified information by an inmate
committed to Bureau custody. Application of these measures is likely to
affect only a minute portion of the inmate population; specifically,
only those inmates who are certified by the head of a member agency of
the United States intelligence community as posing a threat to the
national security through the possible disclosure of classified
information.
    It is not the intention of the Bureau that the restrictions imposed
in these special cases include complete curtailment of privileges. An
inmate upon whom these special restrictions are imposed is entitled to
notification in writing of the imposed restrictions and the basis for
the restrictions. The affected inmate may appeal imposition of
restrictions ordered under this section through the Bureau's
Administrative Remedy Program, 28 CFR Part 542.
    The Bureau is publishing this regulation as an interim rule under
the ``good cause'' provision of 5 U.S.C. 553(b) in order to prevent any
risk of disclosure of information that would be contrary to the public
interest and detrimental to the national security. Members of the
public may submit comments concerning this rule by writing to the
previously cited address. These comments will be considered before the
rule is finalized.
    The Bureau of Prisons has determined that this rule is not a
significant regulatory action for the purpose of E.O. 12866, and
accordingly this rule was not reviewed by the Office of Management and
Budget. After review of the law and regulations, the Director, Bureau
of Prisons, has certified that this rule, for the purpose of the
Regulatory Flexibility Act (Pub. L. 96-354), does not have a
significant impact on a substantial number of small entities.

List of Subjects in 28 CFR Part 501

    Prisoners.
Peter M. Carlson,
Acting 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 501 in subchapter A of 28
CFR, chapter V is amended as set forth below.

SUBCHAPTER A--GENERAL MANAGEMENT AND ADMINISTRATION

PART 501--SCOPE OF RULES

    1. The authority citation for 28 CFR part 501 is revised 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), 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; 28
CFR 0.95-0.99.

    2. Section 501.2 is added to read as follows:

Sec. 501.2  National security cases.

    (a) Upon direction of the Attorney General, the Director, Bureau of
Prisons, may authorize the Warden to implement special administrative
measures that are reasonably necessary to prevent disclosure of
classified information upon written certification to the Attorney
General by the head of a member agency of the United States
intelligence community that the unauthorized disclosure of such
information would pose a threat to the national security and that there
is a danger that the inmate will disclose such information. These
special administrative measures may include placing the inmate in
administrative detention and/or limiting certain privileges, including,
but not limited to, correspondence, visiting, and use of telephone, as
is reasonably necessary to prevent the disclosure of classified
information. The authority of the Director under this paragraph may not
be delegated below the level of Acting Director.
    (b) Designated staff shall provide to the affected inmate, as
promptly as possible, written notification of the restrictions imposed
and the basis for these restrictions. The notice's statement as to the
basis may be limited in the interest of prison security or safety or
national security. The inmate shall sign for and receive a copy of the
notification.
    (c) Initial placement of an inmate in administrative detention and/
or any limitation of the inmate's privileges in accordance with
paragraph (a) of this section may be imposed for up to 120 days.
Special restrictions imposed in accordance with paragraph (a) of this
section may be extended thereafter by the Director, Bureau of Prisons,
in 120-day increments only upon receipt by the Attorney General of
additional written certification from the head of a member agency of
the United States intelligence community that the circumstances
identified in the original certification continue to exist. The
authority of the Director under this paragraph may not be delegated
below the level of Acting Director.
    (d) The affected inmate may seek review of any special restrictions
imposed in accordance with paragraph (a) of this section through the
Administrative Remedy Program, 28 CFR Part 542.

[FR Doc. 95-25425 Filed 10-12-95; 8:45 am]
BILLING CODE 4410-05-P
