CFR Title 28 Judicial Administration

CFR Title -28 Judicial Administration

CFR DataTable of FEDERAL REGISTER Activity

PublishedTypeAgencyAgency NameTitleExcerptsFRDocPDFHTMLAbstract
PublishedTypeAgencyAgency NameTitleExcerptsFRDocPDFHTMLAbstract
04/06/2018RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974; ImplementationThe Federal Bureau of Investigation (FBI), a component of the United States Department of Justice (DOJ or Department), is finalizing without change its Privacy Act exemption regulations for the system of records titled, ``FBI Online Collaboration...2018-07056FR-Doc-2018-07056Privacy-Act-Of-1974-ImplementationThe Federal Bureau of Investigation (FBI), a component of the United States Department of Justice (DOJ or Department), is finalizing without change its Privacy Act exemption regulations for the system of records titled, ``FBI Online Collaboration Systems,'' JUSTICE/FBI-004, which were published as Notice of Proposed Rulemaking (NPRM) on December 4, 2017. Specifically, the FBI exempts the records maintained in JUSTICE/FBI-004 from one or more provisions of the Privacy Act. The exemptions are necessary to avoid interference with the FBI's law enforcement and national security functions and responsibilities. The Department received only one substantive comment on the proposed rule.
03/28/2018Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974; ImplementationElsewhere in this issue of the Federal Register, the Office of Inspector General (OIG), a component within the United States Department of Justice (DOJ or Department), has published a new system of records notice, ``Data Analytics Program Records...2018-05657FR-Doc-2018-05657Privacy-Act-Of-1974-ImplementationElsewhere in this issue of the Federal Register, the Office of Inspector General (OIG), a component within the United States Department of Justice (DOJ or Department), has published a new system of records notice, ``Data Analytics Program Records System,'' JUSTICE/ OIG-006. In this notice of proposed rulemaking, OIG proposes to exempt this system of records from certain provisions of the Privacy Act in order to avoid interference with the law enforcement functions and responsibilities of OIG. For the reasons provided below, the Department proposes to amend its Privacy Act regulations by establishing an exemption for records in this system from certain provisions of the Privacy Act. Public comment is invited.
01/29/2018RuleDEPARTMENT OF JUSTICEJustice DepartmentCivil Monetary Penalties Inflation AdjustmentThe Department of Justice is adjusting for inflation the civil monetary penalties assessed or enforced by components of the Department, in accordance with the provisions of the Bipartisan Budget Act of 2015, for penalties assessed after January 29,...2018-01464FR-Doc-2018-01464Civil-Monetary-Penalties-Inflation-AdjustmentThe Department of Justice is adjusting for inflation the civil monetary penalties assessed or enforced by components of the Department, in accordance with the provisions of the Bipartisan Budget Act of 2015, for penalties assessed after January 29, 2018, with respect to violations occurring after November 2, 2015.
12/26/2017Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentNondiscrimination on the Basis of Disability; Notice of Withdrawal of Four Previously Announced Rulemaking ActionsThe Department of Justice is announcing the withdrawal of four previously announced Advance Notices of Proposed Rulemaking (ANPRMs), pertaining to title II and title III of the Americans with Disabilities Act (ADA), for further review.2017-27510FR-Doc-2017-27510Nondiscrimination-On-The-Basis-Of-Disability-Notice-Of-Withdrawal-Of-Four-Previously-AnnouncedThe Department of Justice is announcing the withdrawal of four previously announced Advance Notices of Proposed Rulemaking (ANPRMs), pertaining to title II and title III of the Americans with Disabilities Act (ADA), for further review.
12/04/2017Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974; ImplementationIn the Notice section of today's Federal Register, the Federal Bureau of Investigation (FBI), a component of the Department of Justice (Department or DOJ), has published a notice of a new Privacy Act system of records, ``FBI Online Collaboration...2017-25993FR-Doc-2017-25993Privacy-Act-Of-1974-ImplementationIn the Notice section of today's Federal Register, the Federal Bureau of Investigation (FBI), a component of the Department of Justice (Department or DOJ), has published a notice of a new Privacy Act system of records, ``FBI Online Collaboration Systems,'' JUSTICE/FBI-004. In this notice of proposed rulemaking, the FBI proposes to exempt this system of records from certain provisions of the Privacy Act in order to prevent interference with the national security and criminal law enforcement functions and responsibilities of the FBI and its partners. For the reasons provided below, the Department proposes to amend its Privacy Act regulations by establishing an exemption for records in this system from certain provisions of the Privacy Act. Public comment is invited.
09/14/2017RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974; ImplementationThe United States Department of Justice (DOJ or Department) is issuing a final rule to amend its Privacy Act exemption regulations for the system of records titled, ``DOJ Insider Threat Program Records,'' JUSTICE/DOJ-018. Specifically, DOJ is exempting...2017-19483FR-Doc-2017-19483Privacy-Act-Of-1974-ImplementationThe United States Department of Justice (DOJ or Department) is issuing a final rule to amend its Privacy Act exemption regulations for the system of records titled, ``DOJ Insider Threat Program Records,'' JUSTICE/DOJ-018. Specifically, DOJ is exempting the records maintained in JUSTICE/DOJ-018 from one or more provisions of the Privacy Act. The listed exemptions are necessary to avoid interference with efforts to detect, deter, and/or mitigate insider threats. This document addresses public comments on the proposed rule and codifies the claimed exemptions.
08/01/2017RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974; ImplementationThe Federal Bureau of Investigation (FBI), a component of the United States Department of Justice (DOJ or Department), is issuing a final rule to amend its Privacy Act exemption regulations for the system of records titled, ``Next Generation...2017-15423FR-Doc-2017-15423Privacy-Act-Of-1974-ImplementationThe Federal Bureau of Investigation (FBI), a component of the United States Department of Justice (DOJ or Department), is issuing a final rule to amend its Privacy Act exemption regulations for the system of records titled, ``Next Generation Identification (NGI) System,'' JUSTICE/FBI-009, last published in full on May 5, 2016. Specifically, the FBI exempts the records maintained in JUSTICE/FBI-009 from one or more provisions of the Privacy Act. The listed exemptions are necessary to avoid interference with the Department's law enforcement and national security functions and responsibilities of the FBI. This document addresses public comments on the proposed rule.
06/30/2017RuleDEPARTMENT OF JUSTICEJustice DepartmentJuvenile Justice and Delinquency Prevention Act Formula Grant ProgramThe Office of Juvenile Justice and Delinquency Prevention (``OJJDP'') of the Office of Justice Programs (``OJP'') published in the Federal Register on January 17, 2017, a partial Final Rule amending the formula grant program (``Formula Grant Program'')...2017-12984FR-Doc-2017-12984Juvenile-Justice-And-Delinquency-Prevention-Act-Formula-Grant-ProgramThe Office of Juvenile Justice and Delinquency Prevention (``OJJDP'') of the Office of Justice Programs (``OJP'') published in the Federal Register on January 17, 2017, a partial Final Rule amending the formula grant program (``Formula Grant Program'') regulation. This technical correction corrects inaccurate citations to sections of the Juvenile Justice and Delinquency Prevention Act (the ``Act'') in the partial Final Rule.
06/05/2017Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974; ImplementationElsewhere in this Federal Register, the United States Department of Justice (Department or DOJ) has published a new Privacy Act System of Records Notice, JUSTICE/DOJ-018, ``DOJ Insider Threat Program Records.'' Further, the Department issued a...2017-10788FR-Doc-2017-10788Privacy-Act-Of-1974-ImplementationElsewhere in this Federal Register, the United States Department of Justice (Department or DOJ) has published a new Privacy Act System of Records Notice, JUSTICE/DOJ-018, ``DOJ Insider Threat Program Records.'' Further, the Department issued a rescindment notice for the Federal Bureau of Investigation (FBI) System of Records Notice titled, ``FBI Insider Threat Program Records,'' JUSTICE/FBI-023. In this document, the DOJ withdraws the notice of proposed rulemaking for the ``FBI Insider Threat Program Records'' issued in CPCLO Order No. 008-2016, published on September 19, 2016, and proposes to exempt JUSTICE/DOJ-018 from certain provisions of the Privacy Act, in order to avoid interference with efforts to detect, deter, and/or mitigate insider threats. Public comment is invited.
03/14/2017RuleCOURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIACourt Services and Offender Supervision Agency for the District of ColumbiaRevision of Regulations Governing Freedom of Information Act RequestsThis interim final rule updates and clarifies the procedures for submitting Freedom of Information Act (FOIA) requests as required under the FOIA Improvement Act of 2016 (the 2016 Act) which was signed into law by the President on June 30, 2016. This...2017-01602FR-Doc-2017-01602Revision-Of-Regulations-Governing-Freedom-Of-Information-Act-RequestsThis interim final rule updates and clarifies the procedures for submitting Freedom of Information Act (FOIA) requests as required under the FOIA Improvement Act of 2016 (the 2016 Act) which was signed into law by the President on June 30, 2016. This rule makes the procedural changes necessitated by the 2016 Act, including requirements that agencies provide a minimum of 90 days for requesters to file an administrative appeal and that agencies provide dispute resolution services during the FOIA process. The 2016 Act also adds two new elements to agency Annual FOIA Reports. The rule codifies the ``foreseeable harm'' standard implemented by the 2016 Act. The principal changes that were required to the Court Services and Offender Supervision Agency for the District of Columbia's (``CSOSA'') current regulations are discussed below. Congress mandated that agencies make changes to their regulations within 180 days of the law taking effect. Because the changes are mandated by Congress and are non-controversial, CSOSA is publishing this rule as an interim final rule.
02/14/2017RuleDEPARTMENT OF JUSTICEJustice DepartmentDelegation of Authority Concerning Mutual Legal AssistanceThe Attorney General has delegated to the Assistant Attorney General for the Criminal Division, with certain restrictions, the authority to perform the functions of the ``Central Authority'' or ``Competent Authority'' under treaties and executive...2017-02955FR-Doc-2017-02955Delegation-Of-Authority-Concerning-Mutual-Legal-AssistanceThe Attorney General has delegated to the Assistant Attorney General for the Criminal Division, with certain restrictions, the authority to perform the functions of the ``Central Authority'' or ``Competent Authority'' under treaties and executive agreements between the United States and other countries on mutual assistance in criminal matters that designate the Attorney General or the Department of Justice as such authority. The Assistant Attorney General for the Criminal Division is authorized to re-delegate this authority to the Deputy Assistant Attorneys General and to the Director and Deputy Directors of the Office of International Affairs (OIA). This final rule will expand the scope of persons to whom this authority may be re- delegated to include OIA's Associate Directors.
02/03/2017RuleDEPARTMENT OF JUSTICEJustice DepartmentCivil Monetary Penalties Inflation Adjustment for 2017The Department of Justice is adjusting for inflation the civil monetary penalties assessed or enforced by components of the Department, in accordance with the provisions of the Bipartisan Budget Act of 2015, for penalties assessed after February 3,...2017-01306FR-Doc-2017-01306Civil-Monetary-Penalties-Inflation-Adjustment-For-2017The Department of Justice is adjusting for inflation the civil monetary penalties assessed or enforced by components of the Department, in accordance with the provisions of the Bipartisan Budget Act of 2015, for penalties assessed after February 3, 2017, whose associated violations occurred after November 2, 2015.
02/01/2017RuleDEPARTMENT OF JUSTICEJustice DepartmentJuvenile Justice and Delinquency Prevention Act Formula Grant ProgramOn January 17, 2017, the Office of Juvenile Justice and Delinquency Prevention (``OJJDP'') of the U.S. Department of Justice's Office of Justice Programs (``OJP''), published a partial final rule to amend portions of the formula grant program...2017-02139FR-Doc-2017-02139Juvenile-Justice-And-Delinquency-Prevention-Act-Formula-Grant-ProgramOn January 17, 2017, the Office of Juvenile Justice and Delinquency Prevention (``OJJDP'') of the U.S. Department of Justice's Office of Justice Programs (``OJP''), published a partial final rule to amend portions of the formula grant program (``Formula Grant Program'') regulation to reflect changes in OJJDP policy. That rule is scheduled to become effective February 16, 2017. In accordance with the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' this action hereby temporarily delays the effective date of the final rule entitled ``Juvenile Justice and Delinquency Prevention Act Formula Grant Program'' until March 21, 2017 (which is 60 days from January 20, 2017). This temporary delay will allow Department of Justice officials an opportunity to review any potential questions of fact, law and policy raised by this regulation, consistent with the Chief of Staff's memorandum of January 20, 2017.
01/19/2017Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentAmendment of Regulations Implementing Section 504 of the Rehabilitation Act of 1973-Nondiscrimination Based on Disability in Federally Assisted Programs or ActivitiesThe Department of Justice is issuing this notice of proposed rulemaking to revise its regulation implementing section 504 of the Rehabilitation Act of 1973, as applicable to programs and activities receiving financial assistance from the Department, in...2017-01057FR-Doc-2017-01057Amendment-Of-Regulations-Implementing-Section-504-Of-The-Rehabilitation-Act-OfThe Department of Justice is issuing this notice of proposed rulemaking to revise its regulation implementing section 504 of the Rehabilitation Act of 1973, as applicable to programs and activities receiving financial assistance from the Department, in order to incorporate amendments to the statute, including the changes in the meaning and interpretation of the applicable definition of disability required by the ADA Amendments Act of 2008; incorporate requirements stemming from judicial decisions; update accessibility standards applicable to new construction and alteration of buildings and facilities; update certain provisions to promote consistency with comparable provisions implementing title II of the Americans with Disabilities Act; and make other non-substantive clarifying edits, including updating outdated terminology and references that currently exist in 28 CFR part 42, such as changing the word ``handicapped'' and similar variations of that word to language referencing ``individuals with disabilities,'' modifying the order of the regulatory provisions to group like provisions together, and adding some headings to make the regulation more user-friendly.
01/17/2017RuleDEPARTMENT OF JUSTICEJustice DepartmentJuvenile Justice and Delinquency Prevention Act Formula Grant ProgramThe Office of Juvenile Justice and Delinquency Prevention (``OJJDP'') of the U.S. Department of Justice's Office of Justice Programs (``OJP''), publishes this partial final rule to amend portions of the formula grant program (``Formula Grant Program'')...2017-00740FR-Doc-2017-00740Juvenile-Justice-And-Delinquency-Prevention-Act-Formula-Grant-ProgramThe Office of Juvenile Justice and Delinquency Prevention (``OJJDP'') of the U.S. Department of Justice's Office of Justice Programs (``OJP''), publishes this partial final rule to amend portions of the formula grant program (``Formula Grant Program'') regulation to reflect changes in OJJDP policy.
01/04/2017RuleDEPARTMENT OF JUSTICEJustice DepartmentRevision of Department of Justice Freedom of Information Act RegulationsThis rule amends the Department of Justice's regulations under the Freedom of Information Act (FOIA) to incorporate certain changes made to the FOIA by the FOIA Improvement Act of 2016. In addition, this rule amends certain provisions in the fee...2016-31508FR-Doc-2016-31508Revision-Of-Department-Of-Justice-Freedom-Of-Information-Act-RegulationsThis rule amends the Department of Justice's regulations under the Freedom of Information Act (FOIA) to incorporate certain changes made to the FOIA by the FOIA Improvement Act of 2016. In addition, this rule amends certain provisions in the fee section to reflect developments in the case law and to streamline the description of the factors to be considered when making fee waiver determinations.
12/23/2016RuleDEPARTMENT OF JUSTICEJustice DepartmentContraband and Inmate Personal Property: Technical ChangeIn this document, the Bureau of Prisons makes a minor technical change to its regulations on contraband and inmate personal property to maintain consistency in language which describes the purpose of the regulations as ensuring the safety, security, or...2016-30998FR-Doc-2016-30998Contraband-And-Inmate-Personal-Property-Technical-ChangeIn this document, the Bureau of Prisons makes a minor technical change to its regulations on contraband and inmate personal property to maintain consistency in language which describes the purpose of the regulations as ensuring the safety, security, or good order of the facility or protection of the public.
12/19/2016RuleDEPARTMENT OF JUSTICEJustice DepartmentStandards and Procedures for the Enforcement of the Immigration and Nationality ActThis rule revises the Department of Justice's (Department's) regulations implementing a section of the Immigration and Nationality Act (INA) concerning unfair immigration-related employment practices. The revisions conform the regulations to the...2016-30491FR-Doc-2016-30491Standards-And-Procedures-For-The-Enforcement-Of-The-Immigration-And-Nationality-ActThis rule revises the Department of Justice's (Department's) regulations implementing a section of the Immigration and Nationality Act (INA) concerning unfair immigration-related employment practices. The revisions conform the regulations to the statutory text as amended, simplify and add definitions of statutory terms, update and clarify the procedures for filing and processing charges of discrimination, ensure effective investigations of unfair immigration-related employment practices, reflect developments in nondiscrimination jurisprudence, reflect changes in existing practices (e.g., electronic filing of charges), reflect the new name of the office within the Department charged with enforcing this statute, and replace outdated references.
12/09/2016Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentRequest for Public Comment on Draft \u201cRelease to One, Release to All\u201d PresumptionThe Department of Justice (the ``Department'') is requesting public comment on the draft ``Release to One, Release to All'' policy, which was prepared by the Office of Information Policy (OIP). This draft policy is not final, and should not be...2016-29727FR-Doc-2016-29727Request-For-Public-Comment-On-Draft-Release-To-One-Release-To-All-PresumptionThe Department of Justice (the ``Department'') is requesting public comment on the draft ``Release to One, Release to All'' policy, which was prepared by the Office of Information Policy (OIP). This draft policy is not final, and should not be construed to represent Agency policy or views. The draft policy takes into account lessons learned from the DOJ pilot and all of the issues examined through the Chief FOIA Office Council, including certain exceptions to the policy and two different options for the timing of when documents should be posted online. The Department requests your comments on the entire draft policy. All public comments submitted in response to this notice will be considered when finalizing this document.
12/02/2016RuleDEPARTMENT OF JUSTICEJustice DepartmentNondiscrimination on the Basis of Disability by Public Accommodations-Movie Theaters; Movie Captioning and Audio DescriptionThis final rule amends the Department of Justice (Department) regulation implementing title III of the Americans with Disabilities Act of 1990 (ADA), which prohibits discrimination against persons with disabilities by public accommodations and...2016-28644FR-Doc-2016-28644Nondiscrimination-On-The-Basis-Of-Disability-By-Public-Accommodations-Movie-Theaters-MovieThis final rule amends the Department of Justice (Department) regulation implementing title III of the Americans with Disabilities Act of 1990 (ADA), which prohibits discrimination against persons with disabilities by public accommodations and commercial facilities, including movie theaters. The rule adds specific requirements addressing the obligations of public accommodations that own, lease, or operate movie theaters to provide effective communication to patrons who are deaf or hard of hearing, or blind or have low vision. The rule requires that movie theater auditoriums provide closed movie captioning and audio description when showing a digital movie distributed with such features unless doing so would result in an undue burden or a fundamental alteration. The rule requires movie theaters to have a specified number of captioning devices and audio description devices based on the number of auditoriums in the movie theater that show digital movies. The rule does not impose any specific requirements for movie theater auditoriums that exhibit analog movies exclusively.
11/29/2016RuleDEPARTMENT OF JUSTICEJustice DepartmentConforming STOP Violence Against Women Formula Grant Program Regulations to Statutory Change; Definitions and Confidentiality Requirements Applicable to All OVW Grant ProgramsThis rule amends the regulations for the STOP (Services - >Training - >Officers - > Prosecutors) Violence Against Women Formula Grant Program (STOP Program) and the general provisions governing Office on...2016-28437FR-Doc-2016-28437Conforming-Stop-Violence-Against-Women-Formula-Grant-Program-Regulations-To-Statutory-ChangeThis rule amends the regulations for the STOP (Services - >Training - >Officers - > Prosecutors) Violence Against Women Formula Grant Program (STOP Program) and the general provisions governing Office on Violence Against Women (OVW) programs to comply with statutory changes and reduce repetition of statutory language. Also, this rule implements statutory requirements for nondisclosure of confidential or private information relating to all OVW grant programs.
10/21/2016RuleDEPARTMENT OF JUSTICEJustice DepartmentConforming Justice Department Regulations to the Federal Vacancies Reform Act of 1998This final rule amends the Department of Justice (DOJ) organizational regulations to remove authority from United States Attorneys (USAs) to designate any Assistant United States Attorney as Acting United States Attorney. The Federal Vacancies Reform...2016-25464FR-Doc-2016-25464Conforming-Justice-Department-Regulations-To-The-Federal-Vacancies-Reform-Act-Of-1998This final rule amends the Department of Justice (DOJ) organizational regulations to remove authority from United States Attorneys (USAs) to designate any Assistant United States Attorney as Acting United States Attorney. The Federal Vacancies Reform Act of 1998 governs designations of Acting USAs. The removal of authority from USAs is designed to bring DOJ's organizational regulations in compliance with the Act.
09/19/2016Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974; ImplementationElsewhere in this issue of the Federal Register, the Federal Bureau of Investigation (FBI), a component of the United States Department of Justice (``Department'' or ``DOJ''), has published a notice of a new Privacy Act system of records, ``FBI Insider...2016-22412FR-Doc-2016-22412Privacy-Act-Of-1974-ImplementationElsewhere in this issue of the Federal Register, the Federal Bureau of Investigation (FBI), a component of the United States Department of Justice (``Department'' or ``DOJ''), has published a notice of a new Privacy Act system of records, ``FBI Insider Threat Program Records (ITPR),'' JUSTICE/FBI-023. In this notice of proposed rulemaking, the FBI proposes to exempt this system from certain provisions of the Privacy Act in order to avoid interference with efforts to detect, deter, and/or mitigate insider threats to national security or to the FBI and its personnel, facilities, resources, and activities. For the reasons provided below, the Department proposes to amend its Privacy Act regulations by establishing an exemption for records in this system from certain provisions of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k). Public comment is invited.
09/14/2016Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentRevision of Standards and Procedures for the Enforcement of Section 274B of the Immigration and Nationality ActOn August 15, 2016, the Department of Justice (Department) published a Notice of Proposed Rulemaking (NPRM) in the Federal Register proposing to revise regulations implementing section 274B of the Immigration and Nationality Act, concerning unfair...2016-21937FR-Doc-2016-21937Revision-Of-Standards-And-Procedures-For-The-Enforcement-Of-Section-274b-Of-The-Immigration-AndOn August 15, 2016, the Department of Justice (Department) published a Notice of Proposed Rulemaking (NPRM) in the Federal Register proposing to revise regulations implementing section 274B of the Immigration and Nationality Act, concerning unfair immigration- related employment practices. The comment period for the NPRM is scheduled to close on September 14, 2016. The Department is extending the comment period by 30 days until October 14, 2016, in order to provide additional time for the public to prepare comments.
09/08/2016RuleDEPARTMENT OF JUSTICEJustice DepartmentAG Order No. 3737-2016The Department of Justice finalizes its implementation of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) published by the Office of Management and Budget (OMB) on December 26, 2013.2016-21452FR-Doc-2016-21452Ag-Order-No-3737-2016The Department of Justice finalizes its implementation of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) published by the Office of Management and Budget (OMB) on December 26, 2013.
09/02/2016RuleDEPARTMENT OF JUSTICEJustice DepartmentJames Zadroga 9/11 Victim Compensation Fund Reauthorization ActThis rule finalizes the Interim Final Rule published on June 15, 2016, which implemented recently-enacted statutory changes governing the September 11th Victim Compensation Fund of 2001 (the ``Fund''). After consideration of all of the public comments...2016-21216FR-Doc-2016-21216James-Zadroga-911-Victim-Compensation-Fund-Reauthorization-ActThis rule finalizes the Interim Final Rule published on June 15, 2016, which implemented recently-enacted statutory changes governing the September 11th Victim Compensation Fund of 2001 (the ``Fund''). After consideration of all of the public comments filed in response to the Interim Final Rule, the Special Master has concluded that no substantive changes to the Interim Final Rule are needed. Accordingly, this Final Rule adopts as final the provisions of the Interim Final Rule, with only two minor technical corrections.
08/22/2016Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentPublic Safety Officers' Benefits ProgramThis rulemaking proposes to make the following changes to current regulations implementing the Public Safety Officers' Benefits (PSOB) Act: Revising provisions pertaining to the filing of an application for benefits, revising provisions that define...2016-18811FR-Doc-2016-18811Public-Safety-Officers-Benefits-ProgramThis rulemaking proposes to make the following changes to current regulations implementing the Public Safety Officers' Benefits (PSOB) Act: Revising provisions pertaining to the filing of an application for benefits, revising provisions that define when an individual is a public safety officer, when an officer has sustained a line-of-duty injury, when payment of benefits is prohibited, and when individuals are ineligible for payment; revising provisions pertaining to the admissibility, sufficiency, and evaluation of evidence submitted in PSOB claims; revising provisions concerning the fees that may be charged for representation in PSOB claims, establishing provisions that prescribe the scope of legal review of PSOB claims and the completeness of applications for benefits, and revising provisions pertaining to the definitions of permanent and total disability, payment of benefits, educational assistance, and other matters necessary to implement the aforementioned changes.
08/15/2016Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentStandards and Procedures for the Enforcement of the Immigration and Nationality ActThe Department of Justice (Department) proposes to revise regulations implementing a section of the Immigration and Nationality Act concerning unfair immigration-related employment practices. The proposed revisions are appropriate to conform the...2016-18957FR-Doc-2016-18957Standards-And-Procedures-For-The-Enforcement-Of-The-Immigration-And-Nationality-ActThe Department of Justice (Department) proposes to revise regulations implementing a section of the Immigration and Nationality Act concerning unfair immigration-related employment practices. The proposed revisions are appropriate to conform the regulations to the statutory text as amended, simplify and add definitions of statutory terms, update and clarify the procedures for filing and processing charges of discrimination, ensure effective investigations of unfair immigration-related employment practices, reflect developments in nondiscrimination jurisprudence, reflect changes in existing practices (e.g., electronic filing of charges), reflect the new name of the office within the Department charged with enforcing this statute, and replace outdated references.
08/11/2016RuleDEPARTMENT OF JUSTICEJustice DepartmentAmendment of Americans With Disabilities Act Title II and Title III Regulations To Implement ADA Amendments Act of 2008The Department of Justice (Department) is issuing this final rule to amend its Americans with Disabilities Act (ADA) regulations in order to incorporate the statutory changes to the ADA set forth in the ADA Amendments Act of 2008 (ADA Amendments Act or...2016-17417FR-Doc-2016-17417Amendment-Of-Americans-With-Disabilities-Act-Title-Ii-And-Title-Iii-Regulations-To-Implement-AdaThe Department of Justice (Department) is issuing this final rule to amend its Americans with Disabilities Act (ADA) regulations in order to incorporate the statutory changes to the ADA set forth in the ADA Amendments Act of 2008 (ADA Amendments Act or the Act), which took effect on January 1, 2009. In response to earlier Supreme Court decisions that significantly narrowed the application of the definition of ``disability'' under the ADA, Congress enacted the ADA Amendments Act to restore the understanding that the definition of ``disability'' shall be broadly construed and applied without extensive analysis. Congress intended that the primary object of attention in cases brought under the ADA should be whether covered entities have complied with their statutory obligations not to discriminate based on disability. In this final rule, the Department is adding new sections to its title II and title III ADA regulations to set forth the proper meaning and interpretation of the definition of ``disability'' and to make related changes required by the ADA Amendments Act in other sections of the regulations.
08/08/2016Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentJuvenile Justice and Delinquency Prevention Act Formula Grant ProgramThe Office of Justice Programs (``OJP'') proposes to update the implementing regulation for the Formula Grant Program authorized by Title II, Part B, of the Juvenile Justice and Delinquency Prevention Act of 1974 (``the Act'' or ``JJDPA''). The purpose...2016-18371FR-Doc-2016-18371Juvenile-Justice-And-Delinquency-Prevention-Act-Formula-Grant-ProgramThe Office of Justice Programs (``OJP'') proposes to update the implementing regulation for the Formula Grant Program authorized by Title II, Part B, of the Juvenile Justice and Delinquency Prevention Act of 1974 (``the Act'' or ``JJDPA''). The purpose of the Formula Grant Program is to provide formula grant awards to states to support juvenile delinquency prevention programs and to improve their juvenile justice systems. The proposed rule would supersede the existing Formula Grant Program regulations to reflect changes in the 2002 JJDPA reauthorization as well as policy changes to the Formula Grant Program.
07/29/2016Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentNondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government EntitiesOn May 9, 2016, the Department of Justice (Department) published a Supplemental Advance Notice of Proposed Rulemaking (SANPRM) in the Federal Register addressing the potential application of technical accessibility requirements to the Web sites of...2016-18003FR-Doc-2016-18003Nondiscrimination-On-The-Basis-Of-Disability-Accessibility-Of-Web-Information-And-Services-Of-StateOn May 9, 2016, the Department of Justice (Department) published a Supplemental Advance Notice of Proposed Rulemaking (SANPRM) in the Federal Register addressing the potential application of technical accessibility requirements to the Web sites of title II entities. The comment period is scheduled to close on August 8, 2016. The Department is extending the comment period by 60 days until October 7, 2016, in order to provide additional time for the public to prepare comments.
07/15/2016Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentPublic Safety Officers' Benefits ProgramThis rule proposes to make the following changes to current regulations implementing the Public Safety Officers' Benefits (PSOB) Act: Adopting the World Trade Center (WTC) Health Program's List of WTC-Related Health Conditions (List), the WTC Health...2016-16086FR-Doc-2016-16086Public-Safety-Officers-Benefits-ProgramThis rule proposes to make the following changes to current regulations implementing the Public Safety Officers' Benefits (PSOB) Act: Adopting the World Trade Center (WTC) Health Program's List of WTC-Related Health Conditions (List), the WTC Health Program's standards for certifying that an injury is covered for treatment under the Program, and related regulatory provisions, establishing payment offset provisions between the PSOB Program and the September 11th Victim Compensation Fund, and revising the provisions that define when the statutory presumption of line-of-duty death resulting from certain heart attacks, strokes, and vascular ruptures is rebutted. The proposed changes based on the WTC Health Program's List and related provisions would provide a means for claimants to establish that certain public safety officers with chronic, often latent, health conditions sustained a line-of-duty injury under the PSOB Act. The proposed payment offset provisions are intended to implement statutory amendments to the PSOB Act requiring such offset and to facilitate claims processing. Similarly, the proposed rule implementing the statutory presumption associated with certain heart attacks, strokes, and vascular ruptures is intended to amend the current regulation to conform to recent amendments to the PSOB Act and to improve the processing of such claims.
07/08/2016RuleDEPARTMENT OF JUSTICEJustice DepartmentVictims of Crime Act Victim Assistance ProgramThe Office for Victims of Crime (``OVC'') of the U.S. Department of Justice's Office of Justice Programs (``OJP''), publishes this final rule to implement the victim assistance formula grant program (``Victim Assistance Program'') authorized by the...2016-16085FR-Doc-2016-16085Victims-Of-Crime-Act-Victim-Assistance-ProgramThe Office for Victims of Crime (``OVC'') of the U.S. Department of Justice's Office of Justice Programs (``OJP''), publishes this final rule to implement the victim assistance formula grant program (``Victim Assistance Program'') authorized by the Victims of Crime Act of 1984 (``VOCA''). VOCA authorizes OVC to provide an annual grant from the Crime Victims Fund to each State and eligible territory for the financial support of services to crime victims by eligible crime victim assistance programs. The rule codifies and updates the existing VOCA Victim Assistance Program Guidelines (``Guidelines'') to reflect changes in OVC policy, needs of the crime victim services field, and VOCA itself.
07/06/2016RuleDEPARTMENT OF JUSTICEJustice DepartmentDepartment of Justice Debt Collection RegulationsThis rule amends the regulations that govern debt collection at the Department of Justice (Department) to bring the regulations into conformity with government-wide standards, to update or delete obsolete references, and to make other clarifying or...2016-15511FR-Doc-2016-15511Department-Of-Justice-Debt-Collection-RegulationsThis rule amends the regulations that govern debt collection at the Department of Justice (Department) to bring the regulations into conformity with government-wide standards, to update or delete obsolete references, and to make other clarifying or technical changes.
07/01/2016RuleDEPARTMENT OF JUSTICEJustice DepartmentOffice for Access to JusticeThis rule amends the Code of Federal Regulations to reflect the establishment of the Office for Access to Justice as a distinct component of the Department of Justice. The Office for Access to Justice was created by the Attorney General to address the...2016-15574FR-Doc-2016-15574Office-For-Access-To-JusticeThis rule amends the Code of Federal Regulations to reflect the establishment of the Office for Access to Justice as a distinct component of the Department of Justice. The Office for Access to Justice was created by the Attorney General to address the access-to- justice crisis in the criminal and civil justice systems. The office's mission is to help ensure that the justice system is efficient, fair, and accessible to all, irrespective of an individual's wealth and status. This rule sets forth the Office's organization, mission and functions.
06/30/2016RuleDEPARTMENT OF JUSTICEJustice DepartmentCivil Monetary Penalties Inflation AdjustmentIn accordance with the provisions of the Bipartisan Budget Act of 2015, the Department of Justice is adjusting for inflation civil monetary penalties assessed or enforced by components of the Department.2016-15528FR-Doc-2016-15528Civil-Monetary-Penalties-Inflation-AdjustmentIn accordance with the provisions of the Bipartisan Budget Act of 2015, the Department of Justice is adjusting for inflation civil monetary penalties assessed or enforced by components of the Department.
06/15/2016RuleDEPARTMENT OF JUSTICEJustice DepartmentJames Zadroga 9/11 Victim Compensation Fund Reauthorization ActOn December 18, 2015, President Obama signed into law the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act (the ``Reauthorized Zadroga Act''). The Act extends the September 11th Victim Compensation Fund of 2001 which provides...2016-14259FR-Doc-2016-14259James-Zadroga-911-Victim-Compensation-Fund-Reauthorization-ActOn December 18, 2015, President Obama signed into law the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act (the ``Reauthorized Zadroga Act''). The Act extends the September 11th Victim Compensation Fund of 2001 which provides compensation to any individual (or a personal representative of a deceased individual) who suffered physical harm or was killed as a result of the terrorist- related aircraft crashes of September 11, 2001, or the rescue and recovery efforts during the immediate aftermath of such crashes or the debris removal efforts that took place in the immediate aftermath of those crashes. Special Master Sheila L. Birnbaum, appointed by the Attorney General to administer the Fund, is issuing this Interim Final Rule to address changes required by the Reauthorized Zadroga Act. Specifically, the statute extends the time period during which eligible claimants may submit claims for compensation until December 18, 2020, increases the Victim Compensation Fund's total funding available to pay claims, creates different categories of claims, directs the Victim Compensation Fund to issue full compensation to eligible claimants and imposes limitations on certain components of future loss calculations.
06/07/2016Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentCompassionate ReleaseThe Bureau of Prisons (Bureau) proposes changes to its regulations on compassionate release, including changing the title to ``Reduction in Sentence in Extraordinary and Compelling Circumstances''; deleting language which indicates that the Bureau will...2016-13294FR-Doc-2016-13294Compassionate-ReleaseThe Bureau of Prisons (Bureau) proposes changes to its regulations on compassionate release, including changing the title to ``Reduction in Sentence in Extraordinary and Compelling Circumstances''; deleting language which indicates that the Bureau will only allow reductions in sentence for circumstances ``which could not reasonably have been foreseen by the court at the time of sentencing''; and modifying and adding language to clarify the ineligibility of certain inmates for reductions in sentence and the eligibility of District of Columbia Code felony inmates (D.C. Code felony inmates) for medical and geriatric release.
06/06/2016Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974; Implementation; Extension of Comment PeriodThe Department of Justice (Department or DOJ), Federal Bureau of Investigation (FBI), is extending the comment period for its proposal to exempt ``The Next Generation Identification (NGI) System,'' JUSTICE/FBI-009, from certain provisions of the...2016-13352FR-Doc-2016-13352Privacy-Act-Of-1974-Implementation-Extension-Of-Comment-PeriodThe Department of Justice (Department or DOJ), Federal Bureau of Investigation (FBI), is extending the comment period for its proposal to exempt ``The Next Generation Identification (NGI) System,'' JUSTICE/FBI-009, from certain provisions of the Privacy Act, published in the Federal Register on May 5, 2016 (81 FR 27288). The original comment period is scheduled to expire on June 6, 2016. The Department is now extending the time period for public comments by 30 days. The updated comment period is scheduled to expire on July 6, 2016. This action will allow interested persons additional time to analyze the proposal and prepare their comments.
05/24/2016Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentNational Environmental Policy Act ProceduresThe Department of Justice is proposing to promulgate regulations establishing the Federal Bureau of Investigation's (FBI's) National Environmental Policy Act (NEPA) procedures. These proposed regulations would establish a process for the FBI's...2016-11945FR-Doc-2016-11945National-Environmental-Policy-Act-ProceduresThe Department of Justice is proposing to promulgate regulations establishing the Federal Bureau of Investigation's (FBI's) National Environmental Policy Act (NEPA) procedures. These proposed regulations would establish a process for the FBI's implementation of NEPA, Executive Order 11514, Executive Order 12114, and Council on Environmental Quality (CEQ) and Department of Justice (Department) regulations addressing the procedural provisions of NEPA. Pursuant to CEQ regulations, the FBI is soliciting comments on the proposed FBI NEPA regulations from members of the interested public.
05/11/2016Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentConforming STOP Violence Against Women Formula Grant Program Regulations to Statutory Change; Definitions and Confidentiality Requirements Applicable to All OVW Grant ProgramsThis rule proposes to amend the regulations for the STOP (Services--Training--Officers--Prosecutors) Violence Against Women Formula Grant Program (STOP Program) and the general provisions governing Office on Violence Against Women (OVW) Programs to...2016-10564FR-Doc-2016-10564Conforming-Stop-Violence-Against-Women-Formula-Grant-Program-Regulations-To-Statutory-ChangeThis rule proposes to amend the regulations for the STOP (Services--Training--Officers--Prosecutors) Violence Against Women Formula Grant Program (STOP Program) and the general provisions governing Office on Violence Against Women (OVW) Programs to comply with statutory changes and reduce repetition of statutory language. Also, this document would implement statutory requirements for nondisclosure of confidential or private information relating to all OVW grant programs.
05/09/2016Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentNondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government EntitiesThe Department of Justice (Department) is considering revising the regulation implementing title II of the Americans with Disabilities Act (ADA or Act) in order to establish specific technical requirements to make accessible the services, programs, or...2016-10464FR-Doc-2016-10464Nondiscrimination-On-The-Basis-Of-Disability-Accessibility-Of-Web-Information-And-Services-Of-StateThe Department of Justice (Department) is considering revising the regulation implementing title II of the Americans with Disabilities Act (ADA or Act) in order to establish specific technical requirements to make accessible the services, programs, or activities State and local governments offer to the public via the Web. In 2010, the Department issued an Advance Notice of Proposed Rulemaking (2010 ANPRM) titled Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities and Public Accommodations. The purpose of this Supplemental Advance Notice of Proposed Rulemaking (SANPRM) is to solicit additional public comment specifically regarding the regulation implementing title II, which applies to State and local government entities. Specifically, the Department is issuing this SANPRM in order to solicit public comment on various issues relating to the potential application of such technical requirements to the Web sites of title II entities and to obtain information for preparing a regulatory impact analysis.
05/05/2016Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974; ImplementationElsewhere in the Federal Register, the Federal Bureau of Investigation (FBI), a component of the Department of Justice (Department or DOJ), has published a notice of a modified Privacy Act system of records, ``The Next Generation Identification (NGI)...2016-10119FR-Doc-2016-10119Privacy-Act-Of-1974-ImplementationElsewhere in the Federal Register, the Federal Bureau of Investigation (FBI), a component of the Department of Justice (Department or DOJ), has published a notice of a modified Privacy Act system of records, ``The Next Generation Identification (NGI) System,'' JUSTICE/FBI-009. In this notice of proposed rulemaking, the FBI proposes to exempt this system from certain provisions of the Privacy Act in order to prevent interference with the FBI's mission to detect, deter, and prosecute crimes and to protect the national security, which includes the use of criminal history record information and biometric identifiers. For the reasons provided below, the Department proposes to amend its Privacy Act regulations by establishing an exemption for records in this system from certain provisions of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k). Public comment is invited.
04/26/2016RuleDEPARTMENT OF JUSTICEJustice DepartmentDrug Abuse Treatment ProgramIn this document, the Bureau of Prisons (Bureau) revises the Residential Drug Abuse Treatment Program (RDAP) regulations to allow greater inmate participation in the program and positively impact recidivism rates.2016-09613FR-Doc-2016-09613Drug-Abuse-Treatment-ProgramIn this document, the Bureau of Prisons (Bureau) revises the Residential Drug Abuse Treatment Program (RDAP) regulations to allow greater inmate participation in the program and positively impact recidivism rates.
04/04/2016RuleDEPARTMENT OF EDUCATIONEducation DepartmentFederal Agency Final Regulations Implementing Executive Order 13559: Fundamental Principles and Policymaking Criteria for Partnerships With Faith-Based and Other Neighborhood OrganizationsThe Agencies publishing this final rule amend or establish their regulations to implement Executive Order 13279, as amended by Executive Order 13559. Executive Order 13279 established fundamental principles to guide the policies of Federal agencies...2016-07339FR-Doc-2016-07339Federal-Agency-Final-Regulations-Implementing-Executive-Order-13559-Fundamental-Principles-AndThe Agencies publishing this final rule amend or establish their regulations to implement Executive Order 13279, as amended by Executive Order 13559. Executive Order 13279 established fundamental principles to guide the policies of Federal agencies regarding the participation of faith-based and other community organizations in programs that the Federal agencies administer. Executive Order 13559 amended Executive Order 13279 to clarify those principles and add certain protections for beneficiaries of Federal social service programs.
03/16/2016RuleDEPARTMENT OF JUSTICEJustice DepartmentParoling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia CodesThe U.S. Parole Commission is adopting a final rule to amend the voting requirements for decisions to terminate a D.C. Code parolee's supervision before the expiration of the sentence. The new rule permits one commissioner to make the decision to...2016-05639FR-Doc-2016-05639Paroling-Recommitting-And-Supervising-Federal-Prisoners-Prisoners-Serving-Sentences-Under-The-UnitedThe U.S. Parole Commission is adopting a final rule to amend the voting requirements for decisions to terminate a D.C. Code parolee's supervision before the expiration of the sentence. The new rule permits one commissioner to make the decision to terminate parole. The rule currently requires two commissioners to agree to terminate parole early. The Commission is also revising reporting requirements for supervision officers who supervise D.C. Code offenders on parole and supervised release by removing the requirement for reports to be submitted after the completion of 12 months of continuous supervision.
02/29/2016Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentUse of Chemical Agents or Other Less-Than-Lethal Force in Immediate Use of Force SituationsIn this document, the Bureau of Prisons (Bureau) proposes to amend its regulation on the use of chemical agents or other less-than- lethal force to provide that such use is authorized for staff in immediate use of force (emergency) situations.2016-04069FR-Doc-2016-04069Use-Of-Chemical-Agents-Or-Other-Less-Than-Lethal-Force-In-Immediate-Use-Of-Force-SituationsIn this document, the Bureau of Prisons (Bureau) proposes to amend its regulation on the use of chemical agents or other less-than- lethal force to provide that such use is authorized for staff in immediate use of force (emergency) situations.
01/14/2016RuleDEPARTMENT OF JUSTICEJustice DepartmentDesignation of OffensesThe Bureau of Prisons (Bureau) removes rules which designated various offenses as sexual offenses for purposes of 18 U.S.C. 4042(c) because that provision, which necessitated regulations, has been repealed in relevant part.2016-00385FR-Doc-2016-00385Designation-Of-OffensesThe Bureau of Prisons (Bureau) removes rules which designated various offenses as sexual offenses for purposes of 18 U.S.C. 4042(c) because that provision, which necessitated regulations, has been repealed in relevant part.
11/30/2015Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentProcedures for Completing Uniform Periodic Reports in Non-Small Business Cases Filed Under Chapter 11 of Title 11On November 10, 2014, the Department of Justice, through its component, the EOUST, published its notice of proposed rulemaking (``NPRM''), Procedures for Completing Uniform Periodic Reports in Non- Small Business Cases Filed under Chapter 11 of Title...2015-30294FR-Doc-2015-30294Procedures-For-Completing-Uniform-Periodic-Reports-In-Non-Small-Business-Cases-Filed-Under-ChapterOn November 10, 2014, the Department of Justice, through its component, the EOUST, published its notice of proposed rulemaking (``NPRM''), Procedures for Completing Uniform Periodic Reports in Non- Small Business Cases Filed under Chapter 11 of Title 11 (``Periodic Reports''). In order to accommodate requests by certain commenters to meet with representatives of the EOUST to discuss the NPRM, and to provide an opportunity for interested persons to express their views directly to EOUST officials, the EOUST will hold a public hearing on the NPRM. In conjunction with the public hearing, the EOUST has reopened the comment period and will accept supplemental comments from those who submitted comments during the initial comment period and new comments from those who did not.
11/25/2015Proposed RuleDEPARTMENT OF HOMELAND SECURITYHomeland Security DepartmentFederal Policy for the Protection of Human SubjectsThe Department of Health and Human Services and the other Federal Departments and Agencies listed in this document are extending the comment period on the Federal Policy for the Protection of Human Subjects notice of proposed rulemaking. The NPRM...2015-30122FR-Doc-2015-30122Federal-Policy-For-The-Protection-Of-Human-SubjectsThe Department of Health and Human Services and the other Federal Departments and Agencies listed in this document are extending the comment period on the Federal Policy for the Protection of Human Subjects notice of proposed rulemaking. The NPRM requests comment on proposed revisions to modernize, strengthen, and make more effective the Federal Policy for the Protection of Human Subjects that was promulgated as a Common Rule in 1991. The NPRM was published in the Federal Register on September 8, 2015.
11/24/2015Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentInfectious Disease Management: Voluntary and Involuntary TestingIn this document, the Bureau of Prisons proposes two minor revisions to its regulations on the management of infectious diseases. One change would remove the requirement for HIV pre-test counseling for inmates, because the counseling requirement has...2015-29790FR-Doc-2015-29790Infectious-Disease-Management-Voluntary-And-Involuntary-TestingIn this document, the Bureau of Prisons proposes two minor revisions to its regulations on the management of infectious diseases. One change would remove the requirement for HIV pre-test counseling for inmates, because the counseling requirement has become an obstacle to necessary testing. Inmates testing positive for HIV will continue to receive HIV post-test counseling. The second change would alter language regarding tuberculosis (TB) testing to clarify that it is testing for the TB infection, but not ``skin testing.'' This would account for advances in medical technology that allow for newer testing methods.
10/19/2015RuleDEPARTMENT OF JUSTICEJustice DepartmentParoling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia CodesThe U.S. Parole Commission is adopting a final rule to apply the parole guidelines of the former District of Columbia Board of Parole that were in effect until March 4, 1985 in its parole decisionmaking for D.C. Code prisoners who committed their...2015-26463FR-Doc-2015-26463Paroling-Recommitting-And-Supervising-Federal-Prisoners-Prisoners-Serving-Sentences-Under-The-UnitedThe U.S. Parole Commission is adopting a final rule to apply the parole guidelines of the former District of Columbia Board of Parole that were in effect until March 4, 1985 in its parole decisionmaking for D.C. Code prisoners who committed their offenses while those guidelines were in effect.
09/08/2015Proposed RuleDEPARTMENT OF HOMELAND SECURITYHomeland Security DepartmentFederal Policy for the Protection of Human SubjectsThe departments and agencies listed in this document propose revisions to modernize, strengthen, and make more effective the Federal Policy for the Protection of Human Subjects that was promulgated as a Common Rule in 1991. This NPRM seeks comment on...2015-21756FR-Doc-2015-21756Federal-Policy-For-The-Protection-Of-Human-SubjectsThe departments and agencies listed in this document propose revisions to modernize, strengthen, and make more effective the Federal Policy for the Protection of Human Subjects that was promulgated as a Common Rule in 1991. This NPRM seeks comment on proposals to better protect human subjects involved in research, while facilitating valuable research and reducing burden, delay, and ambiguity for investigators. This proposed rule is an effort to modernize, simplify, and enhance the current system of oversight. The participating departments and agencies propose these revisions to the human subjects regulations because they believe these changes would strengthen protections for research subjects while facilitating important research.
09/02/2015RuleDEPARTMENT OF JUSTICEJustice DepartmentParoling, Recommitting and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia CodesThe United States Parole Commission is revising its rules pertaining to decisions to revoke terms of supervision without a revocation hearing. The rule allows for a releasee charged with administrative violations or specifically identified misdemeanor...2015-21094FR-Doc-2015-21094Paroling-Recommitting-And-Supervising-Federal-Prisoners-Prisoners-Serving-Sentences-Under-The-UnitedThe United States Parole Commission is revising its rules pertaining to decisions to revoke terms of supervision without a revocation hearing. The rule allows for a releasee charged with administrative violations or specifically identified misdemeanor crimes to apply for a prison sanction of 8 months or less. If a releasee qualifies and applies for a sanction under this section, the Commission may approve a revocation decision that includes no more than 8 months of imprisonment without using its normal guidelines for decision-making
08/06/2015Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentPartnerships With Faith-Based and Other Neighborhood OrganizationsThe rule proposes to amend Department of Justice (Department) regulations on the equal treatment for faith-based or religious organizations and to implement Executive Order 13559 (Fundamental Principles and Policymaking Criteria for Partnerships With...2015-18259FR-Doc-2015-18259Partnerships-With-Faith-Based-And-Other-Neighborhood-OrganizationsThe rule proposes to amend Department of Justice (Department) regulations on the equal treatment for faith-based or religious organizations and to implement Executive Order 13559 (Fundamental Principles and Policymaking Criteria for Partnerships With Faith-Based and Other Neighborhood Organizations). This rule proposes to revise Department regulations pertaining to prohibited religious uses of direct Federal financial assistance to provide clarity about the rights and obligations of faith-based and religious groups participating in Department programs and to provide protections for beneficiaries of those programs. The Department seeks public comments only on the proposed revisions that are being made to implement Executive Order 13559.
08/03/2015RuleDEPARTMENT OF JUSTICEJustice DepartmentContraband and Inmate Personal Property: Technical AmendmentIn this document, the Bureau of Prisons makes a minor technical amendment to its regulations on contraband and inmate personal property to maintain consistency in language which describes the purpose of the regulations as ensuring the safety, security,...2015-18982FR-Doc-2015-18982Contraband-And-Inmate-Personal-Property-Technical-AmendmentIn this document, the Bureau of Prisons makes a minor technical amendment to its regulations on contraband and inmate personal property to maintain consistency in language which describes the purpose of the regulations as ensuring the safety, security, or good order of the facility or protection of the public.
07/22/2015Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentDrug Abuse Treatment ProgramIn this document, the Bureau of Prisons (Bureau) proposes revisions to the Residential Drug Abuse Treatment Program (RDAP) regulations to allow greater inmate participation in the program and positively impact recidivism rates.2015-17707FR-Doc-2015-17707Drug-Abuse-Treatment-ProgramIn this document, the Bureau of Prisons (Bureau) proposes revisions to the Residential Drug Abuse Treatment Program (RDAP) regulations to allow greater inmate participation in the program and positively impact recidivism rates.
07/09/2015Proposed RuleCOURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIACourt Services and Offender Supervision Agency for the District of ColumbiaCommunity Supervision: Administrative Sanctions and GPS Monitoring as a Supervision Tool; CorrectionIn this document, the Court Services and Offender Supervision Agency for the District of Columbia (CSOSA) is correcting the authority citation in a proposed rule published May 22, 2015, regarding amendments to its current rule regarding the conditions...2015-16007FR-Doc-2015-16007Community-Supervision-Administrative-Sanctions-And-Gps-Monitoring-As-A-Supervision-Tool-CorrectionIn this document, the Court Services and Offender Supervision Agency for the District of Columbia (CSOSA) is correcting the authority citation in a proposed rule published May 22, 2015, regarding amendments to its current rule regarding the conditions of release requirements for offenders under CSOSA supervision.
07/07/2015RuleDEPARTMENT OF JUSTICEJustice DepartmentCommutation of Sentence: Technical ChangeThis document finalizes a minor technical change to the Bureau of Prisons (Bureau) regulations on sentence commutation which clarifies that Bureau staff, other than institution-level staff, will recalculate the inmate's sentence in accordance with the...2015-16635FR-Doc-2015-16635Commutation-Of-Sentence-Technical-ChangeThis document finalizes a minor technical change to the Bureau of Prisons (Bureau) regulations on sentence commutation which clarifies that Bureau staff, other than institution-level staff, will recalculate the inmate's sentence in accordance with the terms of the commutation order if a petition for commutation of sentence is granted.
07/07/2015Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentInmate Commissary Account Deposit ProceduresIn this document, the Bureau of Prisons (Bureau) proposes to amend its regulations on inmate commissary account deposit procedures and requirements to provide clarification. Specifically, the amendments will clarify that, regardless of the form or...2015-16637FR-Doc-2015-16637Inmate-Commissary-Account-Deposit-ProceduresIn this document, the Bureau of Prisons (Bureau) proposes to amend its regulations on inmate commissary account deposit procedures and requirements to provide clarification. Specifically, the amendments will clarify that, regardless of the form or method of the deposit (by mail or electronic deposit), the Bureau is authorized to obtain transaction information about the sender, and the sender is required to provide such information to the Bureau and its authorized service providers if the sender seeks to deposit funds in an inmate's commissary account.
07/07/2015RuleDEPARTMENT OF JUSTICEJustice DepartmentTransfer of Offenders to Foreign CountriesIn this document, the Bureau of Prisons (Bureau) streamlines regulations on transferring offenders to foreign countries by eliminating language that constitutes agency guidance to staff. Guidance language will be retained in the relevant Bureau policy.2015-16610FR-Doc-2015-16610Transfer-Of-Offenders-To-Foreign-CountriesIn this document, the Bureau of Prisons (Bureau) streamlines regulations on transferring offenders to foreign countries by eliminating language that constitutes agency guidance to staff. Guidance language will be retained in the relevant Bureau policy.
06/15/2015Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentParoling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia CodesThe United States Parole Commission proposes to revise its rules for determining whether a prisoner who was sentenced under the D.C. Code and committed their offense before March 3, 1985 is suitable for release on parole. For these cases, the...2015-13998FR-Doc-2015-13998Paroling-Recommitting-And-Supervising-Federal-Prisoners-Prisoners-Serving-Sentences-Under-The-UnitedThe United States Parole Commission proposes to revise its rules for determining whether a prisoner who was sentenced under the D.C. Code and committed their offense before March 3, 1985 is suitable for release on parole. For these cases, the Commission will apply the regulations of the former District of Columbia Board of Parole that were effective before March 1985. Prisoners who are serving D.C. Code sentences and who committed their offense before March 3, 1985 would be considered under the proposed regulation at their next regularly scheduled hearing or, if they have not yet received a parole hearing, at their initial parole hearing.
06/15/2015RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974; ImplementationThe Department of Justice (DOJ or Department) amends its Privacy Act regulations for the system of records entitled ``Giglio Information System, JUSTICE/DOJ-017.'' Information in this system of records has been established to enable DOJ investigative...2015-14641FR-Doc-2015-14641Privacy-Act-Of-1974-ImplementationThe Department of Justice (DOJ or Department) amends its Privacy Act regulations for the system of records entitled ``Giglio Information System, JUSTICE/DOJ-017.'' Information in this system of records has been established to enable DOJ investigative agencies to collect and maintain records of potential impeachment information and to disclose such information to DOJ prosecuting offices in order to ensure that prosecutors receive sufficient information to meet their obligations under Giglio v. United States, 405 U.S. 150 (1972), as well as to enable DOJ prosecuting offices to maintain records of potential impeachment information obtained from DOJ investigative agencies, other federal agencies, and state, and local agencies and to disclose such information in accordance with the Giglio decision.
06/05/2015RuleDEPARTMENT OF JUSTICEJustice DepartmentSearches of Housing Units, Inmates, and Inmate Work Areas: Use of X-Ray Devices-Clarification of TerminologyIn this document, the Bureau of Prisons (Bureau) clarifies that body imaging search devices are ``electronic search devices'' for routine or random use in searching inmates, and are distinguished from medical x-ray devices, which require the inmate's...2015-13710FR-Doc-2015-13710Searches-Of-Housing-Units-Inmates-And-Inmate-Work-Areas-Use-Of-X-Ray-Devices-Clarification-OfIn this document, the Bureau of Prisons (Bureau) clarifies that body imaging search devices are ``electronic search devices'' for routine or random use in searching inmates, and are distinguished from medical x-ray devices, which require the inmate's consent, or Regional Director approval, for use as search devices.
06/05/2015RuleDEPARTMENT OF JUSTICEJustice DepartmentRedelegation of Authority to Deputy Assistant Attorneys General, Branch Directors, Heads of Offices, and United States Attorneys in Civil Division CasesThis final rule amends Civil Directive 1-10, which sets forth the redelegation of authority by the Assistant Attorney General of the Civil Division to deputy assistant attorneys general, branch directors, heads of offices, and United States Attorneys....2015-13782FR-Doc-2015-13782Redelegation-Of-Authority-To-Deputy-Assistant-Attorneys-General-Branch-Directors-Heads-Of-OfficesThis final rule amends Civil Directive 1-10, which sets forth the redelegation of authority by the Assistant Attorney General of the Civil Division to deputy assistant attorneys general, branch directors, heads of offices, and United States Attorneys. On May 21, 2015, the Attorney General signed Order No. 3532-2015 increasing the monetary thresholds for the authority of Assistant Attorneys General to compromise or close civil claims, and increasing the redelegation authority to the United States Attorneys with respect to accepting offers of compromise for affirmative claims. Pursuant to the Attorney General's order, the new rule increases the redelegated authority to Branch Directors, heads of offices, and United States Attorneys to close or compromise affirmative claims. Additionally, the new rule redelegates to United States Attorneys, directors, and attorneys-in- charge the authority to issue compulsory process, and makes a few ``housekeeping'' revisions.
05/29/2015RuleDEPARTMENT OF JUSTICEJustice DepartmentAuthority of the Assistant Attorneys General To Compromise or Close Civil ClaimsThis final rule amends the Department's regulations to increase the authority currently delegated to the Assistant Attorneys General to compromise or close civil claims and to make certain technical corrections.2015-12991FR-Doc-2015-12991Authority-Of-The-Assistant-Attorneys-General-To-Compromise-Or-Close-Civil-ClaimsThis final rule amends the Department's regulations to increase the authority currently delegated to the Assistant Attorneys General to compromise or close civil claims and to make certain technical corrections.
05/22/2015Proposed RuleCOURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIACourt Services and Offender Supervision Agency for the District of ColumbiaCommunity Supervision: Administrative Sanctions and GPS Monitoring as a Supervision ToolIn this document, the Court Services and Offender Supervision Agency for the District of Columbia (CSOSA) is proposing to amend its current rule regarding the conditions of release requirements for offenders under CSOSA supervision. In addition, CSOSA...2015-12204FR-Doc-2015-12204Community-Supervision-Administrative-Sanctions-And-Gps-Monitoring-As-A-Supervision-ToolIn this document, the Court Services and Offender Supervision Agency for the District of Columbia (CSOSA) is proposing to amend its current rule regarding the conditions of release requirements for offenders under CSOSA supervision. In addition, CSOSA will expand the language of the regulation to detail and provide notice of when CSOSA Community Supervision Officers will use electronic monitoring as a tool to assist in supervision.
04/30/2015Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974; Implementation; CorrectionThe Department of Justice (the Department or DOJ) published a proposed rule in the Federal Register on March 26, 2015 (80 FR 15951), which added a new section to the Department's Privacy Act exemption regulations to exempt a DOJ-wide system of records...2015-10106FR-Doc-2015-10106Privacy-Act-Of-1974-Implementation-CorrectionThe Department of Justice (the Department or DOJ) published a proposed rule in the Federal Register on March 26, 2015 (80 FR 15951), which added a new section to the Department's Privacy Act exemption regulations to exempt a DOJ-wide system of records from certain subsections of the Privacy Act. The heading of the document referenced ``CPCLO Order No. 004-2014'' when the Chief Privacy and Civil Liberties Order (CPCLO) number should read 004-2015. This document corrects the CPCLO number.
04/03/2015RuleDEPARTMENT OF JUSTICEJustice DepartmentRevision of Department's Freedom of Information Act RegulationsThis rule amends the Department's regulations under the Freedom of Information Act (``FOIA''). The regulations have been revised to update and streamline the language of several procedural provisions and to incorporate changes brought about by the...2015-07772FR-Doc-2015-07772Revision-Of-Departments-Freedom-Of-Information-Act-RegulationsThis rule amends the Department's regulations under the Freedom of Information Act (``FOIA''). The regulations have been revised to update and streamline the language of several procedural provisions and to incorporate changes brought about by the amendments to the FOIA under the OPEN Government Act of 2007. Additionally, the regulations have been updated to reflect developments in the case law and to include current cost figures to be used in calculating and charging fees.
03/26/2015Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974; ImplementationAs described in the notice section of this issue of the Federal Register, the Department of Justice (Department or DOJ) has published a notice of a new Department-wide Privacy Act system of records, ``Department of Justice, Giglio Information Files,''...2015-06938FR-Doc-2015-06938Privacy-Act-Of-1974-ImplementationAs described in the notice section of this issue of the Federal Register, the Department of Justice (Department or DOJ) has published a notice of a new Department-wide Privacy Act system of records, ``Department of Justice, Giglio Information Files,'' JUSTICE/ DOJ-017. This system has been established to enable DOJ investigative agencies to collect and maintain records of potential impeachment information and to disclose such information to DOJ prosecuting offices in order to ensure that prosecutors receive sufficient information to meet their obligations under Giglio v. United States, 405 U.S. 150 (1972), as well as to enable DOJ prosecuting offices to maintain records of potential impeachment information obtained from DOJ investigative agencies, other federal agencies, and state and local agencies and to disclose such information in accordance with the Giglio decision. For the reasons provided below, the Department proposes to amend its Privacy Act regulations by establishing an exemption for records in this system from certain provisions of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k).
03/06/2015Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentDetermination That an Individual Shall Not Be Deemed an Employee of the Public Health ServiceThe proposed rule proposes criteria and a process by which the Attorney General or designee may determine that an individual shall not be deemed an employee of the Public Health Service for purposes of coverage under the Federal Tort Claims Act.2015-05027FR-Doc-2015-05027Determination-That-An-Individual-Shall-Not-Be-Deemed-An-Employee-Of-The-Public-Health-ServiceThe proposed rule proposes criteria and a process by which the Attorney General or designee may determine that an individual shall not be deemed an employee of the Public Health Service for purposes of coverage under the Federal Tort Claims Act.
02/25/2015RuleDEPARTMENT OF JUSTICEJustice DepartmentAuthorization To Seize Property Involved in Drug Offenses for Administrative Forfeiture (2012R-9P)The Department of Justice is amending its regulations to delegate to the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) authority to seize and administratively forfeit property involved in controlled substance offenses.2015-03839FR-Doc-2015-03839Authorization-To-Seize-Property-Involved-In-Drug-Offenses-For-Administrative-Forfeiture-2012r-9pThe Department of Justice is amending its regulations to delegate to the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) authority to seize and administratively forfeit property involved in controlled substance offenses.
02/18/2015Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentDepartment of Justice Debt Collection RegulationsThis rule proposes to amend the regulations that govern debt collection at the Department of Justice (Department) to bring the regulations into conformity with government-wide standards, to update or delete obsolete references, and to make other...2015-02587FR-Doc-2015-02587Department-Of-Justice-Debt-Collection-RegulationsThis rule proposes to amend the regulations that govern debt collection at the Department of Justice (Department) to bring the regulations into conformity with government-wide standards, to update or delete obsolete references, and to make other clarifying or technical changes.
01/22/2015RuleDEPARTMENT OF JUSTICEJustice DepartmentCommunications Management UnitsIn this document, the Bureau of Prisons (Bureau) finalizes regulations that establish and describe Communications Management Units (CMUs) by regulation. The CMUs regulations serve to detail the specific restrictions that may be imposed in the CMUs in a...2015-01024FR-Doc-2015-01024Communications-Management-UnitsIn this document, the Bureau of Prisons (Bureau) finalizes regulations that establish and describe Communications Management Units (CMUs) by regulation. The CMUs regulations serve to detail the specific restrictions that may be imposed in the CMUs in a way that current regulations authorize but do not detail. CMUs are designed to provide an inmate housing unit environment that enables staff monitoring of all communications between inmates in a Communications Management Unit (CMU) and persons in the community. The ability to monitor such communication is necessary to ensure the safety, security, and orderly operation of correctional facilities, and protection of the public. These regulations represent a ``floor'' beneath which communications cannot be further restricted. The Bureau currently operates CMUs in two of its facilities. This rule clarifies existing Bureau practices with respect to CMUs.
01/21/2015RuleDEPARTMENT OF JUSTICEJustice DepartmentPolicy Regarding Obtaining Information From, or Records of, Members of the News Media; and Regarding Questioning, Arresting, or Charging Members of the News MediaThis rule amends the policy of the Department of Justice regarding the use of subpoenas, certain court orders, and search warrants, to obtain information from, or records of, members of the news media. The rule also amends the Department's policy...2015-00919FR-Doc-2015-00919Policy-Regarding-Obtaining-Information-From-Or-Records-Of-Members-Of-The-News-Media-And-RegardingThis rule amends the policy of the Department of Justice regarding the use of subpoenas, certain court orders, and search warrants, to obtain information from, or records of, members of the news media. The rule also amends the Department's policy regarding questioning, arresting, or charging members of the news media.
01/09/2015Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentGood Conduct Time: Alternative Adult Literacy ProgramsIn this document, the Bureau of Prisons (Bureau) proposes to amend its rules on Good Conduct Time (GCT) and Literacy. The purpose of this proposed rule is to provide effective literacy programming alternatives to the General Educational Development...2015-00144FR-Doc-2015-00144Good-Conduct-Time-Alternative-Adult-Literacy-ProgramsIn this document, the Bureau of Prisons (Bureau) proposes to amend its rules on Good Conduct Time (GCT) and Literacy. The purpose of this proposed rule is to provide effective literacy programming alternatives to the General Educational Development (GED) program that more effectively meet the specialized needs of inmates. This will also have the added benefit of reducing lengthy waiting lists for the GED program. This proposed rule will exempt inmates from the ``satisfactory progress'' provision of the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) and/or the Prison Litigation Reform Act of 1995 (PLRA) if they participate in an ``authorized alternative adult literacy program.'' The Bureau's Literacy Program rules, which currently contemplate only GED attainment, would also be revised to allow for ``authorized alternative adult literacy programs.'' This change means that inmates participating in ``authorized alternative adult literacy programs'' will not need to demonstrate satisfactory progress toward earning a GED credential to be considered for the full benefits of GCT. Other than the change regarding inmates in ``authorized alternative adult literacy programs,'' we propose no further substantive changes.
01/08/2015RuleDEPARTMENT OF JUSTICEJustice DepartmentGrants To Encourage Arrest Policies and Enforcement of Protection OrdersThis rule amends the regulations for the Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program (Arrest Program) to incorporate statutory changes, make minor technical corrections, and streamline existing regulations to reduce...2014-30766FR-Doc-2014-30766Grants-To-Encourage-Arrest-Policies-And-Enforcement-Of-Protection-OrdersThis rule amends the regulations for the Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program (Arrest Program) to incorporate statutory changes, make minor technical corrections, and streamline existing regulations to reduce repetition of statutory language. This rule also amends the regulations to clarify that existing regulations on grant-related procedures continue to apply to grants made by the Office on Violence Against Women.
12/19/2014RuleEXECUTIVE OFFICE OF THE PRESIDENTExecutive Office of the PresidentFederal Awarding Agency Regulatory Implementation of Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal AwardsThis joint interim final rule implements for all Federal award-making agencies the final guidance Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) published by the Office of Management...2014-28697FR-Doc-2014-28697Federal-Awarding-Agency-Regulatory-Implementation-Of-Office-Of-Management-And-Budgets-UniformThis joint interim final rule implements for all Federal award-making agencies the final guidance Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) published by the Office of Management and Budget (OMB) on December 26, 2013. This rule is necessary in order to incorporate into regulation and thus bring into effect the Uniform Guidance as required by OMB. Implementation of this guidance will reduce administrative burden and risk of waste, fraud, and abuse for the approximately $600 billion per year awarded in Federal financial assistance. The result will be more Federal dollars reprogrammed to support the mission, new entities able to compete and win awards, and ultimately a stronger framework to provide key services to American citizens and support the basic research that underpins the United States economy.
12/08/2014RuleDEPARTMENT OF JUSTICEJustice DepartmentSmoking/No Smoking AreasIn this document, the Bureau of Prisons (Bureau) finalizes without change a proposed rule that was published on this subject on May 12, 2006, to revise regulations pertaining to smoking/no smoking in Bureau facilities. The revised regulations generally...2014-28620FR-Doc-2014-28620Smokingno-Smoking-AreasIn this document, the Bureau of Prisons (Bureau) finalizes without change a proposed rule that was published on this subject on May 12, 2006, to revise regulations pertaining to smoking/no smoking in Bureau facilities. The revised regulations generally prohibit smoking in and on the grounds of Bureau institutions and offices, except as part of an authorized inmate religious activity; and, for Bureau staff and official visitors, only in smoking areas designated by the Warden. Possession of smoking apparatus and tobacco in any form is prohibited for inmates under this rule, unless as part of an authorized inmate religious activity. We intend this amendment to promote a clean air environment and to protect the health and safety of staff and inmates.
11/20/2014RuleDEPARTMENT OF JUSTICEJustice DepartmentNational Instant Criminal Background Check System RegulationThe United States Department of Justice (``the Department'') is publishing this final rule to amend the regulations implementing the National Instant Criminal Background Check System (``NICS'') pursuant to the Brady Handgun Violence Prevention Act...2014-27386FR-Doc-2014-27386National-Instant-Criminal-Background-Check-System-RegulationThe United States Department of Justice (``the Department'') is publishing this final rule to amend the regulations implementing the National Instant Criminal Background Check System (``NICS'') pursuant to the Brady Handgun Violence Prevention Act (``Brady Act''). This final rule authorizes tribal criminal justice agencies to access the NICS Index for purposes of issuing firearm-related permits and licenses, authorizes criminal justice agencies to access the NICS Index for purposes of disposing of firearms in their possession, and updates the storage location of NICS Audit Log records relating to denied transactions.
11/10/2014Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentProcedures for Completing Uniform Periodic Reports in Non-Small Business Cases Filed Under Chapter 11 of Title 11The Department of Justice, through its component, EOUST, is issuing this notice of proposed rulemaking (Rule) pursuant to Section 602 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). The BAPCPA requires the Department to...2014-25975FR-Doc-2014-25975Procedures-For-Completing-Uniform-Periodic-Reports-In-Non-Small-Business-Cases-Filed-Under-ChapterThe Department of Justice, through its component, EOUST, is issuing this notice of proposed rulemaking (Rule) pursuant to Section 602 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). The BAPCPA requires the Department to issue rules requiring uniform periodic reports (Periodic Reports) by debtors in possession or trustees in cases under chapter 11 of title 11. The BAPCPA requires the Rule to strike the best achievable practical balance between the reasonable needs of the public for information about the operational results of the Federal bankruptcy system, undue burden, and appropriate privacy concerns and safeguards.
09/11/2014RuleDEPARTMENT OF JUSTICEJustice DepartmentOffice of the Pardon AttorneyThis rule revises certain regulations of the Department of Justice (the ``Department'') that govern the Pardon Attorney. The rule conforms the regulations to current practice, under which the Pardon Attorney is subject to the direction of, and submits...2014-21678FR-Doc-2014-21678Office-Of-The-Pardon-AttorneyThis rule revises certain regulations of the Department of Justice (the ``Department'') that govern the Pardon Attorney. The rule conforms the regulations to current practice, under which the Pardon Attorney is subject to the direction of, and submits recommendations in clemency cases through, the Deputy Attorney General.
09/08/2014Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentNondiscrimination on the Basis of Disability by Public Accommodations-Movie Theaters; Movie Captioning and Audio DescriptionOn August 1, 2014, the Department of Justice published a Notice of Proposed Rulemaking (NPRM) in the Federal Register in order to propose amendments to its Americans with Disabilities Act title III regulation to require the provision of closed movie...2014-21285FR-Doc-2014-21285Nondiscrimination-On-The-Basis-Of-Disability-By-Public-Accommodations-Movie-Theaters-MovieOn August 1, 2014, the Department of Justice published a Notice of Proposed Rulemaking (NPRM) in the Federal Register in order to propose amendments to its Americans with Disabilities Act title III regulation to require the provision of closed movie captioning and audio description to give persons with hearing and vision disabilities access to movies. The comment period is scheduled to close on September 30, 2014. The Department of Justice is extending the comment period until December 1, 2014 in order to provide additional time for the public to prepare comments.
08/28/2014RuleDEPARTMENT OF JUSTICEJustice DepartmentParoling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia CodesThe United States Parole Commission is revising its rules describing the conditions of release set for persons on supervision and the procedures used to impose and modify the conditions. The revision is part of our ongoing effort to make our rules...2014-20427FR-Doc-2014-20427Paroling-Recommitting-And-Supervising-Federal-Prisoners-Prisoners-Serving-Sentences-Under-The-UnitedThe United States Parole Commission is revising its rules describing the conditions of release set for persons on supervision and the procedures used to impose and modify the conditions. The revision is part of our ongoing effort to make our rules easier to understand for those persons affected by the rules and other interested persons and organizations. We are also adding new procedures for imposing special conditions for sex offenders, and filling a gap left by an earlier rule change in 2003 regarding the administrative appeals that may be filed by District of Columbia offenders on supervised release.
08/14/2014Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentParoling, Recommitting and Supervising Federal Prisoners Prisoners Serving Sentences Under the United States and District of Columbia CodesThe United States Parole Commission proposes to revise its rules pertaining to decisions to revoke terms of supervision without a hearing. Specifically, we propose a rule that would allow a releasee charged with only administrative violations or...2014-18421FR-Doc-2014-18421Paroling-Recommitting-And-Supervising-Federal-Prisoners-Prisoners-Serving-Sentences-Under-The-UnitedThe United States Parole Commission proposes to revise its rules pertaining to decisions to revoke terms of supervision without a hearing. Specifically, we propose a rule that would allow a releasee charged with only administrative violations or specifically identified misdemeanor crimes to apply for a prison sanction of 8 months or less. If a releasee qualifies and applies for a sanction under this section, the Commission may approve a revocation decision that includes no more than 8 months of imprisonment without using its normal guidelines for decision-making.
08/05/2014Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentGrants To Encourage Arrest Policies and Enforcement of Protection OrdersThis rule proposes to amend the regulations for the Grants To Encourage Arrest Policies and Enforcement of Protection Orders Program (Arrest Program) to incorporate statutory changes, make minor technical corrections, and streamline existing...2014-18276FR-Doc-2014-18276Grants-To-Encourage-Arrest-Policies-And-Enforcement-Of-Protection-OrdersThis rule proposes to amend the regulations for the Grants To Encourage Arrest Policies and Enforcement of Protection Orders Program (Arrest Program) to incorporate statutory changes, make minor technical corrections, and streamline existing regulations to reduce repetition of statutory language. This rule would also amend the regulations to clarify that existing regulations on grant-related procedures continue to apply to grants made by the Office on Violence Against Women.
08/01/2014Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentNondiscrimination on the Basis of Disability by Public Accommodations-Movie Theaters; Movie Captioning and Audio DescriptionThe Department of Justice (Department) is issuing this notice of proposed rulemaking (NPRM) in order to propose amendments to its regulation for title III of the Americans with Disabilities Act (ADA), which covers public accommodations and commercial...2014-17863FR-Doc-2014-17863Nondiscrimination-On-The-Basis-Of-Disability-By-Public-Accommodations-Movie-Theaters-MovieThe Department of Justice (Department) is issuing this notice of proposed rulemaking (NPRM) in order to propose amendments to its regulation for title III of the Americans with Disabilities Act (ADA), which covers public accommodations and commercial facilities, including movie theaters. The Department is proposing to explicitly require movie theaters to exhibit movies with closed captioning and audio description at all times and for all showings whenever movies are produced, distributed, or otherwise made available with captioning and audio description unless to do so would result in an undue burden or fundamental alteration. The Department is also proposing to require movie theaters to have a certain number of individual closed captioning and audio description devices unless to do so would result in an undue burden or fundamental alteration. The Department is proposing a six- month compliance date for movie theaters' digital movie screens and is seeking public comment on whether it should adopt a four-year compliance date for movie theaters' analog movie screens or should defer rulemaking on analog screens until a later date.
06/23/2014RuleDEPARTMENT OF JUSTICEJustice DepartmentPublic Safety Officers' Benefits ProgramThe Office of Justice Programs (OJP) of the U.S. Department of Justice is amending its regulation defining ``Spouse'' for purposes of implementing the Public Safety Officers' Benefits (PSOB) Act, associated statutes, and Program. Prior to the Supreme...2014-14504FR-Doc-2014-14504Public-Safety-Officers-Benefits-ProgramThe Office of Justice Programs (OJP) of the U.S. Department of Justice is amending its regulation defining ``Spouse'' for purposes of implementing the Public Safety Officers' Benefits (PSOB) Act, associated statutes, and Program. Prior to the Supreme Court invalidating section 3 of the Defense of Marriage Act (DOMA) DOMA prevented OJP from recognizing same-sex surviving spouses for the purposes of awarding PSOB Act benefits. As amended, the final regulation recognizes as a spouse, for purposes of the PSOB program, a person who lawfully enters into a marriage in one jurisdiction, even when living in another jurisdiction, and without regard to the law of the other jurisdiction.
03/28/2014RuleDEPARTMENT OF JUSTICEJustice DepartmentCivil Monetary Penalties Inflation Adjustment-Civil Rights DivisionIn accordance with section 4 of the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996, the Department of Justice is adjusting for inflation the civil monetary penalties assessed or...2014-06979FR-Doc-2014-06979Civil-Monetary-Penalties-Inflation-Adjustment-Civil-Rights-DivisionIn accordance with section 4 of the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996, the Department of Justice is adjusting for inflation the civil monetary penalties assessed or enforced by the Civil Rights Division.
03/10/2014Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentCommunication Management UnitsIn this document, the Bureau of Prisons (Bureau) reopens the comment period of the proposed rule published on April 6, 2010 (75 FR 17324) which proposed to establish and describe Communication Management Units (CMUs) by regulation. We now reopen the...2014-05083FR-Doc-2014-05083Communication-Management-UnitsIn this document, the Bureau of Prisons (Bureau) reopens the comment period of the proposed rule published on April 6, 2010 (75 FR 17324) which proposed to establish and describe Communication Management Units (CMUs) by regulation. We now reopen the comment period for fifteen (15) additional days in order to allow inmates and interested parties additional opportunity to comment.
03/05/2014Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentPublic Safety Officers' Benefits ProgramThe Office of Justice Programs (OJP) of the U.S. Department of Justice proposes this rule to amend the regulation that implements the Public Safety Officers' Benefits (PSOB) Act and associated statutes. Generally speaking, these laws provide financial...2014-04647FR-Doc-2014-04647Public-Safety-Officers-Benefits-ProgramThe Office of Justice Programs (OJP) of the U.S. Department of Justice proposes this rule to amend the regulation that implements the Public Safety Officers' Benefits (PSOB) Act and associated statutes. Generally speaking, these laws provide financial support to certain public safety officers, or their survivors and families, when such officers die, or become permanently and totally disabled, as a result of line-of-duty injuries, or when they die of heart attacks or strokes sustained within statutorily-specified timeframes of engaging or participating in certain line-of-duty activity. The proposed rule would amend the implementing regulation in order to change the definition of ``Spouse.''
03/04/2014RuleDEPARTMENT OF JUSTICEJustice DepartmentAuthorization To Seize Property Involved in Drug Offenses for Administrative Forfeiture (2012R-9P)The Department of Justice is amending its regulations to extend the trial period during which the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) may exercise, for an additional one-year period following the effective date of...2014-04621FR-Doc-2014-04621Authorization-To-Seize-Property-Involved-In-Drug-Offenses-For-Administrative-Forfeiture-2012r-9pThe Department of Justice is amending its regulations to extend the trial period during which the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) may exercise, for an additional one-year period following the effective date of this rule, the authority under the United States Code to seize and administratively forfeit property involved in controlled substance offenses. The Attorney General has determined that the trial period that ends on February 25, 2014, should be extended for another year to give ATF more time to refine its processes, fully hire and train all necessary staff, and further demonstrate the effectiveness of the delegation in the investigation of violent crimes involving firearms.
02/27/2014RuleDEPARTMENT OF JUSTICEJustice DepartmentPolicy Regarding Obtaining Information From, or Records of, Members of the News Media; and Regarding Questioning, Arresting, or Charging Members of the News MediaThis rule amends the policy of the Department of Justice regarding the use of subpoenas, certain court orders, and search warrants, to obtain information from, or records of, members of the news media. The rule also amends the Department's policy...2014-04239FR-Doc-2014-04239Policy-Regarding-Obtaining-Information-From-Or-Records-Of-Members-Of-The-News-Media-And-RegardingThis rule amends the policy of the Department of Justice regarding the use of subpoenas, certain court orders, and search warrants, to obtain information from, or records of, members of the news media. The rule also amends the Department's policy regarding questioning, arresting, or charging members of the news media.
02/14/2014Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentSearches of Housing Units, Inmates, and Inmate Work Areas: Use of X-ray Devices-Clarification of TerminologyIn this document, the Bureau of Prisons (Bureau) proposes to clarify that body imaging search devices are ``electronic search devices'' for routine or random use in searching inmates, and are distinguished from medical x-ray devices, which require the...2014-03240FR-Doc-2014-03240Searches-Of-Housing-Units-Inmates-And-Inmate-Work-Areas-Use-Of-X-Ray-Devices-Clarification-OfIn this document, the Bureau of Prisons (Bureau) proposes to clarify that body imaging search devices are ``electronic search devices'' for routine or random use in searching inmates, and are distinguished from medical x-ray devices, which require the inmate's consent, or Regional Director approval, for use as search devices.
01/30/2014Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentOffice of the Attorney General; Amendment of Americans with Disabilities Act Title II and Title III Regulations to Implement ADA Amendments Act of 2008The Department of Justice (Department) is issuing this Notice of Proposed Rulemaking (NPRM) to amend its Americans with Disabilities Act (ADA) regulations in order to incorporate the statutory changes to the ADA set forth in the ADA Amendments Act of...2014-01668FR-Doc-2014-01668Office-Of-The-Attorney-General-Amendment-Of-Americans-With-Disabilities-Act-Title-Ii-And-Title-IiiThe Department of Justice (Department) is issuing this Notice of Proposed Rulemaking (NPRM) to amend its Americans with Disabilities Act (ADA) regulations in order to incorporate the statutory changes to the ADA set forth in the ADA Amendments Act of 2008 (ADA Amendments Act or the Act), which took effect on January 1, 2009. Congress enacted the ADA Amendments Act in order to revise the ADA definition of ``disability'' and to ensure that the definition is broadly construed and applied without extensive analysis. In this NPRM, the Department is proposing to add new sections to its title II and title III ADA regulations at 28 CFR parts 35 and 36, respectively, to provide detailed definitions of ``disability'' and to make consistent changes in other sections of the regulations. The ADA Amendments Act authorizes the Attorney General to issue regulations consistent with the Act that implement the definitions of ``disability'' in sections 3 and 4 of the Act, including the rules of construction set forth in section 3. The Department invites written comments from members of the public on this proposed rule.
01/02/2014Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentTransfer of Offenders to Foreign CountriesIn this document, the Bureau of Prisons (Bureau) proposes to streamline its regulations on transferring offenders to foreign countries by eliminating language that constitutes agency guidance to staff. Guidance language will be retained in the relevant...2013-31021FR-Doc-2013-31021Transfer-Of-Offenders-To-Foreign-CountriesIn this document, the Bureau of Prisons (Bureau) proposes to streamline its regulations on transferring offenders to foreign countries by eliminating language that constitutes agency guidance to staff. Guidance language will be retained in the relevant Bureau policy.
12/24/2013RuleDEPARTMENT OF JUSTICEJustice DepartmentExemption of Records Systems Under the Privacy Act; CorrectionThe Department of Justice (the Department or DOJ) published a final rule in the Federal Register on November 21, 2013, which added a new section to the Department's Privacy Act exemption regulations to exempt two OCDETF systems of records from certain...2013-30067FR-Doc-2013-30067Exemption-Of-Records-Systems-Under-The-Privacy-Act-CorrectionThe Department of Justice (the Department or DOJ) published a final rule in the Federal Register on November 21, 2013, which added a new section to the Department's Privacy Act exemption regulations to exempt two OCDETF systems of records from certain subsections of the Privacy Act. The final text of the rule incorrectly referred to exempted ``subsections'' of the Privacy Act as ``paragraphs'' of the new section. This document corrects the final rule by revising the new section.
12/05/2013RuleDEPARTMENT OF JUSTICEJustice DepartmentCompassionate ReleaseThe Bureau of Prisons (Bureau) changes its regulations on compassionate release, to provide that when considering an inmate for reduction in sentence, the General Counsel will solicit the opinion of the United States Attorney in the district in which...2013-29076FR-Doc-2013-29076Compassionate-ReleaseThe Bureau of Prisons (Bureau) changes its regulations on compassionate release, to provide that when considering an inmate for reduction in sentence, the General Counsel will solicit the opinion of the United States Attorney in the district in which the inmate was sentenced; and the final decision is subject to the general supervision and direction of the Attorney General and Deputy Attorney General.
11/21/2013RuleDEPARTMENT OF JUSTICEJustice DepartmentExemption of Records Systems Under the Privacy ActThe Department of Justice (the Department or DOJ) amends its Privacy Act regulations for two Privacy Act systems of records previously entitled the ``Drug Enforcement Task Force Evaluation and Reporting System,'' JUSTICE/DAG-003, and the ``Organized...2013-27130FR-Doc-2013-27130Exemption-Of-Records-Systems-Under-The-Privacy-ActThe Department of Justice (the Department or DOJ) amends its Privacy Act regulations for two Privacy Act systems of records previously entitled the ``Drug Enforcement Task Force Evaluation and Reporting System,'' JUSTICE/DAG-003, and the ``Organized Crime Drug Enforcement Task Force Fusion Center and International Organized Crime Intelligence and Operations Center System,'' JUSTICE/CRM-028. These amendments reflect a recent reorganization of the Department establishing the Executive Office for OCDETF as a separate DOJ component, and transferring responsibility for these systems from the Office of the Deputy Attorney General (ODAG) and the Criminal Division to this component. In light of this departmental reorganization, JUSTICE/DAG-003 has been renumbered to JUSTICE/OCDETF- 001 and renamed as the ``Organized Crime Drug Enforcement Task Forces Management Information System (OCDETF MIS),'' and JUSTICE/CRM-028 has been renumbered to JUSTICE/OCDETF-002 while retaining the same name. When under the responsibility of ODAG and the Criminal Division, these systems were exempted from certain provisions of the Privacy Act of 1974 by exemptions placed in the Code of Federal Regulations (CFR) sections containing exemptions for ODAG's and the Criminal Division's Privacy Act systems. These amendments remove references to these systems from the CFR sections for ODAG and Criminal Division exemptions and add a new section for OCDETF exemptions, which continues comparable exemptions for these systems in order to avoid interference with the law enforcement functions and responsibilities of the Executive office for OCDETF.
10/25/2013RuleDEPARTMENT OF JUSTICEJustice DepartmentProgress Reports Rules RevisionIn this document, the Bureau of Prisons (Bureau) removes from regulations and/or modifies two types of progress reports: transfer reports and triennial reports.2013-25166FR-Doc-2013-25166Progress-Reports-Rules-RevisionIn this document, the Bureau of Prisons (Bureau) removes from regulations and/or modifies two types of progress reports: transfer reports and triennial reports.
09/30/2013RuleDEPARTMENT OF JUSTICEJustice DepartmentRevision to United States Marshals Service Fees for ServicesThis rule revises the United States Marshals Service fees to reflect current costs to the United States Marshals Service for service of process in federal court proceedings. A proposed rule with invitation to comment was published in the Federal...2013-23692FR-Doc-2013-23692Revision-To-United-States-Marshals-Service-Fees-For-ServicesThis rule revises the United States Marshals Service fees to reflect current costs to the United States Marshals Service for service of process in federal court proceedings. A proposed rule with invitation to comment was published in the Federal Register on April 12, 2013, at 78 FR 21862. Only one comment was received within the 60- day comment period and that comment supported adoption of the rule. Accordingly, the proposed rule is finalized without change.
09/23/2013RuleDEPARTMENT OF JUSTICEJustice DepartmentCertification Process for State Capital Counsel SystemChapter 154 of title 28, United States Code, provides special procedures for Federal habeas corpus review of cases brought by indigent prisoners in State custody who are subject to a capital sentence. These special procedures are available to States...2013-22766FR-Doc-2013-22766Certification-Process-For-State-Capital-Counsel-SystemChapter 154 of title 28, United States Code, provides special procedures for Federal habeas corpus review of cases brought by indigent prisoners in State custody who are subject to a capital sentence. These special procedures are available to States that the Attorney General has certified as having established mechanisms for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State postconviction proceedings brought by such prisoners, and as providing standards of competency for the appointment of counsel in these proceedings. This rule sets forth the regulations for the certification procedure.
09/16/2013Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentExemption of Records Systems Under the Privacy ActThe Department of Justice (the Department or DOJ) proposes to amend its Privacy Act regulations for two systems of records entitled the ``Drug Enforcement Task Force Evaluation and Reporting System, JUSTICE/DAG-003,'' last published, March 10, 1992 in...2013-22370FR-Doc-2013-22370Exemption-Of-Records-Systems-Under-The-Privacy-ActThe Department of Justice (the Department or DOJ) proposes to amend its Privacy Act regulations for two systems of records entitled the ``Drug Enforcement Task Force Evaluation and Reporting System, JUSTICE/DAG-003,'' last published, March 10, 1992 in the Federal Register, and the ``Organized Crime Drug Enforcement Task Force Fusion Center and International Organized Crime Intelligence and Operations Center System, JUSTICE/CRM-028,'' last published, June 3, 2009 in the Federal Register. These Privacy Act regulations are being amended to reflect a recent reorganization of the Department establishing the Executive Office for OCDETF as a separate DOJ component, and transferring responsibility for these systems from the Office of the Deputy Attorney General (ODAG) and the Criminal Division to this component. In light of this departmental reorganization, JUSTICE/DAG- 003 is being renumbered to JUSTICE/OCDETF-001 and will be renamed as the ``Organized Crime Drug Enforcement Task Forces Management Information System (OCDETF MIS).'' JUSTICE/CRM-028 is being renumbered to JUSTICE/OCDETF-002 but will retain its system name. When under the responsibility of ODAG and the Criminal Division, these systems were exempted from certain provisions of the Privacy Act of 1974 by exemptions placed in the Code of Federal Regulations (CFR) sections containing exemptions for ODAG's and the Criminal Division's Privacy Act systems. These proposed amendments will remove references to these systems from the CFR sections for ODAG and Criminal Division exemptions and add a new section for OCDETF exemptions. Public comment is invited.
08/27/2013Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentVOCA Victim Assistance ProgramThe Office for Victims of Crime (``OVC'') of the U.S. Department of Justice's Office of Justice Programs (``OJP''), proposes this rule to implement the victim assistance formula grant program (``Victim Assistance Program'') authorized by the Victims of...2013-20426FR-Doc-2013-20426Voca-Victim-Assistance-ProgramThe Office for Victims of Crime (``OVC'') of the U.S. Department of Justice's Office of Justice Programs (``OJP''), proposes this rule to implement the victim assistance formula grant program (``Victim Assistance Program'') authorized by the Victims of Crime Act of 1984 (``VOCA''). Generally speaking, this law authorizes OVC to provide an annual grant from the Crime Victims Fund to each State and eligible territory for the financial support of services to victims of crime by eligible crime victim assistance programs. The proposed rule would codify and update the existing VOCA Victim Assistance Program Guidelines (``Guidelines'') to reflect changes in OVC policy, needs of the crime victims services field, and VOCA itself.
07/09/2013RuleDEPARTMENT OF JUSTICEJustice DepartmentRemoving Unnecessary Office on Violence Against Women RegulationsThis rule removes the regulations for the STOP Violence Against Indian Women Discretionary Grant Program, because the Program no longer exists, and the Grants to Combat Violent Crimes Against Women on Campuses Program, because the regulations are no...2013-16400FR-Doc-2013-16400Removing-Unnecessary-Office-On-Violence-Against-Women-RegulationsThis rule removes the regulations for the STOP Violence Against Indian Women Discretionary Grant Program, because the Program no longer exists, and the Grants to Combat Violent Crimes Against Women on Campuses Program, because the regulations are no longer required and are unnecessary.
05/20/2013RuleDEPARTMENT OF JUSTICEJustice DepartmentPublic Safety Officers' Benefits ProgramThis order will amend regulations to revise delegations of authority for the review process for determinations regarding claims for benefits under the Public Safety Officers' Benefits Program. The changes to the regulations are designed to increase...2013-11872FR-Doc-2013-11872Public-Safety-Officers-Benefits-ProgramThis order will amend regulations to revise delegations of authority for the review process for determinations regarding claims for benefits under the Public Safety Officers' Benefits Program. The changes to the regulations are designed to increase efficiency, reduce duplication, and streamline the processing of claims.
04/23/2013RuleCOURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIACourt Services and Offender Supervision Agency for the District of ColumbiaSex Offender Registration AmendmentsThe Court Services and Offender Supervision Agency for the District of Columbia (``CSOSA'') is amending its regulations which set forth procedures and requirements relating to periodic verification of registration information for sex offenders....2013-09471FR-Doc-2013-09471Sex-Offender-Registration-AmendmentsThe Court Services and Offender Supervision Agency for the District of Columbia (``CSOSA'') is amending its regulations which set forth procedures and requirements relating to periodic verification of registration information for sex offenders. Furthermore, the rule permits CSOSA to verify addresses of sex offenders by conducting home visits on its own accord and with its law enforcement partners. The rule also clarifies the schedule for verifying home addresses, even for those sex offenders who are required to register but are not under CSOSA's supervision.
04/12/2013Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentRevision to United States Marshals Service Fees for ServicesThis rule proposes to increase the fee from $55 per person per hour to $65 per person per hour for process served or executed personally by a United States Marshals Service employee, agent, or contractor. This proposed fee increase reflects the current...2013-08158FR-Doc-2013-08158Revision-To-United-States-Marshals-Service-Fees-For-ServicesThis rule proposes to increase the fee from $55 per person per hour to $65 per person per hour for process served or executed personally by a United States Marshals Service employee, agent, or contractor. This proposed fee increase reflects the current costs to the United States Marshals Service for service of process in federal court proceedings.
03/14/2013RuleDEPARTMENT OF JUSTICEJustice DepartmentApplication Procedures and Criteria for Approval of Providers of a Personal Financial Management Instructional Course by United States TrusteesThis final rule (``rule'') sets forth procedures and criteria United States Trustees shall use when determining whether applicants seeking to become and remain approved providers of a personal financial management instructional course (``providers'')...2013-04364FR-Doc-2013-04364Application-Procedures-And-Criteria-For-Approval-Of-Providers-Of-A-Personal-Financial-ManagementThis final rule (``rule'') sets forth procedures and criteria United States Trustees shall use when determining whether applicants seeking to become and remain approved providers of a personal financial management instructional course (``providers'') satisfy all prerequisites of the United States Code, as implemented under this rule. Under the current law, individual debtors must participate in an instructional course concerning personal financial management (``instructional course'' or ``debtor education'') before receiving a discharge of debts. The current law enumerates mandatory prerequisites and minimum standards applicants seeking to become approved providers must meet. Under this rule, United States Trustees will approve applicants for inclusion on publicly available provider lists in one or more federal judicial districts if an applicant establishes it meets all the requirements of the United States Code, as implemented under this rule. After obtaining such approval, a provider shall be authorized to provide an instructional course in a federal judicial district during the time the provider remains approved. EOUST intends to add to its regulations governing debtor education providers, two new provisions not previously included in the proposed rule. The first provision will amend section 58.30(c)(5) to require providers to notify the United States Trustee of certain actions pursuant to 11 U.S.C. 111(g)(2) or other consumer protection statutes, such as an entry of judgment or mediation award, or the provider's entry into a settlement order, consent decree, or assurance of voluntary compliance. The second provision will amend section 58.33(i) to require a provider to assist an individual with limited English proficiency by expeditiously directing the individual to a provider that can provide instruction in the language of the individual's choice. Because these provisions were not discussed in the proposed rule published on November 14, 2008, EOUST will publish another Notice of Proposed Rulemaking requesting public comment with respect to these two provisions.
03/14/2013RuleDEPARTMENT OF JUSTICEJustice DepartmentApplication Procedures and Criteria for Approval of Nonprofit Budget and Credit Counseling Agencies by United States TrusteesThis final rule (``rule'') sets forth procedures and criteria United States Trustees shall use when determining whether applicants seeking to become and remain approved nonprofit budget and credit counseling agencies (``credit counseling agencies'' or...2013-04361FR-Doc-2013-04361Application-Procedures-And-Criteria-For-Approval-Of-Nonprofit-Budget-And-Credit-Counseling-AgenciesThis final rule (``rule'') sets forth procedures and criteria United States Trustees shall use when determining whether applicants seeking to become and remain approved nonprofit budget and credit counseling agencies (``credit counseling agencies'' or ``agencies'') satisfy all prerequisites of the United States Code, as implemented under this rule. Under the current law, an individual may not be a debtor under title 11 of the United States Code, unless during the 180- day period preceding the date of filing a bankruptcy petition, the individual receives adequate counseling from a credit counseling agency that is approved by the United States Trustee. The current law enumerates mandatory prerequisites and minimum standards applicants seeking to become approved credit counseling agencies must meet. Under this rule, United States Trustees will approve applicants for inclusion on publicly available agency lists in one or more federal judicial districts if an applicant establishes it meets all the requirements of the United States Code, as implemented under this rule. After obtaining such approval, a credit counseling agency shall be authorized to provide credit counseling in a federal judicial district during the time the agency remains approved. EOUST intends to add to its regulations governing credit counseling agencies, two new provisions not previously included in the proposed rule on this subject. A new section 58.17(c)(11) will require agencies to notify the United States Trustee of certain actions pursuant to 11 U.S.C. 111(g)(2) or other consumer protection statutes, such as an entry of judgment or mediation award, or the agency's entry into a settlement order, consent decree, or assurance of voluntary compliance. The second provision will amend section 58.20(j) to require an agency to assist an individual with limited English proficiency by expeditiously directing the individual to an agency that can provide counseling in the language of the individual's choice. Because these provisions were not discussed in the proposed rule published on February 1, 2008, EOUST will publish another Notice of Proposed Rulemaking requesting public comment with respect to these two provisions.
03/07/2013RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974; ImplementationThe Department of Justice (DOJ or Department), Drug Enforcement Administration (DEA) is issuing a final rule for the recently modified system of records titled ``Investigative Reporting and Filing System'' (IRFS), JUSTICE/DEA-008. This system, which...2013-05146FR-Doc-2013-05146Privacy-Act-Of-1974-ImplementationThe Department of Justice (DOJ or Department), Drug Enforcement Administration (DEA) is issuing a final rule for the recently modified system of records titled ``Investigative Reporting and Filing System'' (IRFS), JUSTICE/DEA-008. This system, which has already been exempted from particular subsections of the Privacy Act of 1974, is now being exempted further. Information in this system relates to law enforcement and intelligence matters, and for the reasons set forth in the rule these exemptions are necessary to avoid interference with the law enforcement, counterterrorism, and national security functions and responsibilities of the DEA.
02/28/2013RuleDEPARTMENT OF JUSTICEJustice DepartmentCompassionate Release; Technical ChangesIn this interim rule, the Bureau of Prisons (Bureau) makes a minor change to remove an administrative level of review from the processing of a Compassionate Release request packet.2013-04589FR-Doc-2013-04589Compassionate-Release-Technical-ChangesIn this interim rule, the Bureau of Prisons (Bureau) makes a minor change to remove an administrative level of review from the processing of a Compassionate Release request packet.
02/21/2013Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentParoling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia CodesThe United States Parole Commission proposes to revise its rules describing the conditions of release set for persons on supervision. The revision is part of our ongoing effort to make our rules easier to understand for those persons affected by the...2013-03942FR-Doc-2013-03942Paroling-Recommitting-And-Supervising-Federal-Prisoners-Prisoners-Serving-Sentences-Under-The-UnitedThe United States Parole Commission proposes to revise its rules describing the conditions of release set for persons on supervision. The revision is part of our ongoing effort to make our rules easier to understand for those persons affected by the rules and other interested persons and organizations. We also propose to add new procedures for imposing special conditions for sex offenders, and to fill a gap left by an earlier rule change in 2003 regarding the administrative appeals that may be filed by District of Columbia offenders on supervised release.
02/19/2013RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974; ImplementationThe Department of Justice (DOJ or Department), Federal Bureau of Prisons (BOP), is issuing a final rule for the modified system of records notice entitled ``Inmate Central Records System'' (ICRS) (JUSTICE/BOP-005). This system is being exempted from...2013-03693FR-Doc-2013-03693Privacy-Act-Of-1974-ImplementationThe Department of Justice (DOJ or Department), Federal Bureau of Prisons (BOP), is issuing a final rule for the modified system of records notice entitled ``Inmate Central Records System'' (ICRS) (JUSTICE/BOP-005). This system is being exempted from certain subsections of the Privacy Act of 1974 listed below for the reasons set forth in the following text.
02/08/2013Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentDesignation of OffensesThe Bureau of Prisons (Bureau) proposes to remove rules which designate various offenses as sexual offenses for purposes of U.S. Code because that provision, which necessitated regulations, has been repealed in relevant part.2013-02765FR-Doc-2013-02765Designation-Of-OffensesThe Bureau of Prisons (Bureau) proposes to remove rules which designate various offenses as sexual offenses for purposes of U.S. Code because that provision, which necessitated regulations, has been repealed in relevant part.
01/28/2013Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentNational Instant Criminal Background Check SystemThe Department of Justice (the Department) proposes three amendments to part 25 of title 28 of the Code of Federal Regulations. These proposed changes are intended to promote public safety, to enhance the efficiency of the National Instant Criminal...2013-01529FR-Doc-2013-01529National-Instant-Criminal-Background-Check-SystemThe Department of Justice (the Department) proposes three amendments to part 25 of title 28 of the Code of Federal Regulations. These proposed changes are intended to promote public safety, to enhance the efficiency of the National Instant Criminal Background Check System (NICS) operations, and to resolve difficulties created by unforeseen processing conflicts within the system. The proposed amendments are for the following purposes: to add tribal criminal justice agencies to those entities authorized to receive information in connection with the issuance of a firearm-related permit or license; to authorize access for criminal justice agencies to the FBI-maintained NICS Index to permit background checks for the purpose of disposing of firearms in the possession of those agencies; and to permit NICS to retain in a separate database its Audit Log records relating to denied transactions beyond 10 years, rather than transferring them to a Federal Records Center for storage.
12/11/2012Proposed RuleCOURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIACourt Services and Offender Supervision Agency for the District of ColumbiaSex Offender Registration AmendmentsThe Court Services and Offender Supervision Agency for the District of Columbia (``CSOSA'') is issuing a proposed rule to amend its current rule that sets forth procedures and requirements relating to periodic verification of registration information...2012-29636FR-Doc-2012-29636Sex-Offender-Registration-AmendmentsThe Court Services and Offender Supervision Agency for the District of Columbia (``CSOSA'') is issuing a proposed rule to amend its current rule that sets forth procedures and requirements relating to periodic verification of registration information for sex offenders. The proposed rule, if finalized, would permit CSOSA to verify addresses of sex offenders by conducting home visits on its own accord and with its law enforcement partners. The proposed rule, if adopted, would also clarify the schedule for verifying home addresses, even for those sex offenders who are required to register but are not under CSOSA's supervision.
10/09/2012RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974: ImplementationThe Department of Justice (DOJ or Department) is issuing a final rule for the new Federal Bureau of Investigation (FBI) Privacy Act system of records titled FBI Data Warehouse System, JUSTICE/FBI- 022. This system is being exempted from the subsections...2012-24753FR-Doc-2012-24753Privacy-Act-Of-1974-ImplementationThe Department of Justice (DOJ or Department) is issuing a final rule for the new Federal Bureau of Investigation (FBI) Privacy Act system of records titled FBI Data Warehouse System, JUSTICE/FBI- 022. This system is being exempted from the subsections of the Privacy Act listed below for the reasons set forth in the following text. Information in this system of records relates to law enforcement matters, and the exemptions are necessary to avoid interference with the national security and criminal law enforcement functions and responsibilities of the FBI.
09/26/2012RuleCOURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIACourt Services and Offender Supervision Agency for the District of ColumbiaTechnical Amendments Due to Change of Agency NameThe Court Services and Offender Supervision Agency for the District of Columbia (``CSOSA'') is issuing a final rule to change all references to the District of Columbia Pretrial Services Agency (``PSA''), an independent federal agency within CSOSA, to...2012-23589FR-Doc-2012-23589Technical-Amendments-Due-To-Change-Of-Agency-NameThe Court Services and Offender Supervision Agency for the District of Columbia (``CSOSA'') is issuing a final rule to change all references to the District of Columbia Pretrial Services Agency (``PSA''), an independent federal agency within CSOSA, to reflect the change of the agency's name to the Pretrial Services Agency for the District of Columbia. Additionally, the description of PSA's seal is being amended. The regulations are also being amended to clearly state that either CSOSA's Director or PSA's Director or designee has the authority to affix the seal for that Director's respective agency. Finally, the regulations are being amended to clearly state that either CSOSA's or PSA's Director or designee may approve the use of the seal. All the changes made in this rule are strictly technical.
09/12/2012RuleDEPARTMENT OF JUSTICEJustice DepartmentConsolidation of Seizure and Forfeiture RegulationsConsistent with Executive Order 13563, by this rule the Department of Justice (the Department) revises, consolidates, and updates its regulations regarding the seizure, forfeiture, and remission of assets. The rule recognizes that as of 2002 the Bureau...2012-21943FR-Doc-2012-21943Consolidation-Of-Seizure-And-Forfeiture-RegulationsConsistent with Executive Order 13563, by this rule the Department of Justice (the Department) revises, consolidates, and updates its regulations regarding the seizure, forfeiture, and remission of assets. The rule recognizes that as of 2002 the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is now part of the Department, and consolidates the regulations governing the seizure and administrative forfeiture of property by ATF with those of the Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI). The rule also conforms the seizure and forfeiture regulations of ATF, DEA, FBI, and the Department's Criminal Division to address procedural changes necessitated by the Civil Asset Forfeiture Reform Act (CAFRA) of 2000. The rule allows ATF, DEA, and FBI to publish administrative forfeiture notices on an official Internet government Web site instead of in newspapers. Lastly, the rule updates the regulations to reflect current forfeiture practice and clarifies the existing regulations pertaining to the return of assets to victims through the remission process.
08/27/2012RuleDEPARTMENT OF JUSTICEJustice DepartmentAuthorization To Seize Property Involved in Drug Offenses for Administrative Forfeiture (2012R-9P)The Department of Justice is amending its regulations to allow the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to exercise, for a one-year period following the effective date of this rule, the authority to seize and...2012-20923FR-Doc-2012-20923Authorization-To-Seize-Property-Involved-In-Drug-Offenses-For-Administrative-Forfeiture-2012r-9pThe Department of Justice is amending its regulations to allow the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to exercise, for a one-year period following the effective date of this rule, the authority to seize and administratively forfeit property involved in controlled substance offenses. Many years of experience have demonstrated that forfeiting the assets of criminals is an essential tool in combating criminal activity and provides law enforcement with the capacity to dismantle criminal organizations that would continue to function after the conviction and incarceration of individual offenders. Moreover, administrative forfeiture permits the expedient and effective use of this crucial law enforcement tool.
07/10/2012Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974; ImplementationElsewhere in the Federal Register, the Federal Bureau of Investigation (FBI), a component of the Department of Justice, has published a notice of a new Privacy Act system of records, JUSTICE/FBI- 022, the FBI Data Warehouse System. In this notice of...2012-16822FR-Doc-2012-16822Privacy-Act-Of-1974-ImplementationElsewhere in the Federal Register, the Federal Bureau of Investigation (FBI), a component of the Department of Justice, has published a notice of a new Privacy Act system of records, JUSTICE/FBI- 022, the FBI Data Warehouse System. In this notice of proposed rulemaking, the FBI proposes to exempt this system from certain provisions of the Privacy Act in order to avoid interference with the national security and criminal law enforcement functions and responsibilities of the FBI. Public comment is invited.
06/20/2012RuleDEPARTMENT OF JUSTICEJustice DepartmentNational Standards To Prevent, Detect, and Respond to Prison RapeThe Department of Justice (Department) is issuing a final rule adopting national standards to prevent, detect, and respond to prison rape, as required by the Prison Rape Elimination Act of 2003 (PREA). In addition, the Department is requesting comment...2012-12427FR-Doc-2012-12427National-Standards-To-Prevent-Detect-And-Respond-To-Prison-RapeThe Department of Justice (Department) is issuing a final rule adopting national standards to prevent, detect, and respond to prison rape, as required by the Prison Rape Elimination Act of 2003 (PREA). In addition, the Department is requesting comment on one issue relating to staffing in juvenile facilities. Further discussion of the final rule is found in the Executive Summary.
05/21/2012RuleDEPARTMENT OF JUSTICEJustice DepartmentAmendment of Americans With Disabilities Act Title II and Title III Regulations To Extend Compliance Date for Certain Requirements Related to Existing Pools and Spas Provided by State and Local Governments and by Public AccommodationsThis final rule revises the Department of Justice regulations implementing the Americans with Disabilities Act to extend until January 31, 2013, the compliance date for the application of sections 242 and 1009 of the 2010 Americans with Disabilities...2012-12365FR-Doc-2012-12365Amendment-Of-Americans-With-Disabilities-Act-Title-Ii-And-Title-Iii-Regulations-To-Extend-ComplianceThis final rule revises the Department of Justice regulations implementing the Americans with Disabilities Act to extend until January 31, 2013, the compliance date for the application of sections 242 and 1009 of the 2010 Americans with Disabilities Act (ADA) Standards for Accessible Design for existing pools and spas.
05/18/2012Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentRemoving Unnecessary Office on Violence Against Women RegulationsThis rule proposes to remove the regulations for the STOP Violence Against Indian Women Discretionary Grant Program, because the Program no longer exists, and the Grants to Combat Violent Crimes Against Women on Campuses Program, because the...2012-12134FR-Doc-2012-12134Removing-Unnecessary-Office-On-Violence-Against-Women-RegulationsThis rule proposes to remove the regulations for the STOP Violence Against Indian Women Discretionary Grant Program, because the Program no longer exists, and the Grants to Combat Violent Crimes Against Women on Campuses Program, because the regulations are no longer required and are unnecessary.
05/03/2012RuleDEPARTMENT OF JUSTICEJustice DepartmentAuthorization To Redelegate Settlement Authority for Claims Submitted Under the Federal Tort Claims ActThe Department of Justice is amending its internal organizational regulations to clarify the authority of the respective agency heads of the Bureau of Prisons, the Federal Prison Industries, the United States Marshals Service, the Drug Enforcement...2012-10641FR-Doc-2012-10641Authorization-To-Redelegate-Settlement-Authority-For-Claims-Submitted-Under-The-Federal-Tort-ClaimsThe Department of Justice is amending its internal organizational regulations to clarify the authority of the respective agency heads of the Bureau of Prisons, the Federal Prison Industries, the United States Marshals Service, the Drug Enforcement Administration, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives to settle claims under the Federal Tort Claims Act.
04/26/2012Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974; ImplementationIn the Federal Register, the Bureau of Prisons (Bureau or BOP), a component of the Department of Justice, has published a notice of a revised Privacy Act system of records, Inmate Central Records System (JUSTICE/BOP-005). In this notice of proposed...2012-9774FR-Doc-2012-9774Privacy-Act-Of-1974-ImplementationIn the Federal Register, the Bureau of Prisons (Bureau or BOP), a component of the Department of Justice, has published a notice of a revised Privacy Act system of records, Inmate Central Records System (JUSTICE/BOP-005). In this notice of proposed rulemaking, the Bureau proposes to amend its Privacy Act regulations for the Inmate Central Records System (JUSTICE/BOP-005) by now exempting this system from subsections (c)(3) and (4); (d); (e)(1), (2), (3), (4)(G), (H), and (I), (5), and (8); (f); and (g) of the Privacy Act of 1974 pursuant to 5 U.S.C. 552a(j) and (k) for the reasons set forth in the following text. The exemptions are necessary to avoid interference with the law enforcement and functions and responsibilities of the Bureau. Public comment is invited.
04/18/2012RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974; ImplementationThe Department of Justice (DOJ or Department) is issuing a final rule for a new Department-wide Privacy Act system of records entitled, Debt Collection Enforcement System, JUSTICE/DOJ-016. The Department is exempting the Debt Collection Enforcement...2012-9001FR-Doc-2012-9001Privacy-Act-Of-1974-ImplementationThe Department of Justice (DOJ or Department) is issuing a final rule for a new Department-wide Privacy Act system of records entitled, Debt Collection Enforcement System, JUSTICE/DOJ-016. The Department is exempting the Debt Collection Enforcement System, JUSTICE/DOJ-016, pursuant to 5 U.S.C. 552a(j) and (k) from subsections (c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (4)(G), (H) and (I), (5) and (8); (f) and (g) of the Privacy Act for the reasons set forth in the following text. Information in this system of records relates to matters of law enforcement efforts associated with debt collection purposes, and certain records in this system are exempt from certain provisions of the Privacy Act in order to avoid interference with such law enforcement functions and responsibilities of the DOJ.
04/18/2012Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974: ImplementationThe Department of Justice (DOJ), Drug Enforcement Administration (DEA) proposes to amend its Privacy Act regulations for the modified system of records entitled the Investigative Reporting and Filing System (IRFS) (JUSTICE/DEA-008), published April 11,...2012-8769FR-Doc-2012-8769Privacy-Act-Of-1974-ImplementationThe Department of Justice (DOJ), Drug Enforcement Administration (DEA) proposes to amend its Privacy Act regulations for the modified system of records entitled the Investigative Reporting and Filing System (IRFS) (JUSTICE/DEA-008), published April 11, 2012 in the Federal Register. This system will be exempt from subsections (c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (4)(G), (H), (I), (5), and (8); (f); (g); and (h) of the Privacy Act of 1974 for the reasons set forth in the following text. The exemptions are necessary to avoid interference with the law enforcement and counterterrorism functions and responsibilities of the DEA.
04/03/2012RuleDEPARTMENT OF JUSTICEJustice DepartmentInmate Communication With News Media: Removal of Byline RegulationsIn this document, the Bureau of Prisons (Bureau) finalizes an interim rule published April 23, 2010, regarding inmate contact with the community which deleted two previous Bureau regulations that prohibited inmates from publishing under a byline, due...2012-7971FR-Doc-2012-7971Inmate-Communication-With-News-Media-Removal-Of-Byline-RegulationsIn this document, the Bureau of Prisons (Bureau) finalizes an interim rule published April 23, 2010, regarding inmate contact with the community which deleted two previous Bureau regulations that prohibited inmates from publishing under a byline, due to a recent court ruling invalidating Bureau regulation language containing this prohibition.
03/29/2012RuleDEPARTMENT OF JUSTICEJustice DepartmentNational Motor Vehicle Title Information System (NMVTIS): Technical CorrectionsThe Office of Justice Programs (OJP) is promulgating this direct final rule for its National Motor Vehicle Title Information System Program (NMVTIS) in order to make two technical corrections to the NMVTIS regulations.2012-7473FR-Doc-2012-7473National-Motor-Vehicle-Title-Information-System-Nmvtis-Technical-CorrectionsThe Office of Justice Programs (OJP) is promulgating this direct final rule for its National Motor Vehicle Title Information System Program (NMVTIS) in order to make two technical corrections to the NMVTIS regulations.
03/20/2012Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentDelaying the Compliance Date for Certain Requirements of the Regulations Implementing Titles II and III of the Americans With Disabilities ActBy this rule, the Department of Justice is proposing to extend the date for compliance with certain requirements in the 2010 Americans with Disabilities Act (ADA) Standards for Accessible Design that relate to provision of accessible entry and exit for...2012-6747FR-Doc-2012-6747Delaying-The-Compliance-Date-For-Certain-Requirements-Of-The-Regulations-Implementing-Titles-Ii-AndBy this rule, the Department of Justice is proposing to extend the date for compliance with certain requirements in the 2010 Americans with Disabilities Act (ADA) Standards for Accessible Design that relate to provision of accessible entry and exit for existing swimming pools and spas. Concurrently with the publication of this Notice of Proposed Rulemaking (NPRM), the Department is publishing a final rule that extends the compliance date with respect to existing swimming pools, wading pools, and spas to May 21, 2012 in order to allow additional time to address misunderstandings among pool owners and operators regarding these ADA requirements. By this rule, the Department seeks public comment on its proposal to extend the compliance date for a longer period of six months, until September 17, 2012 in the interest of promoting clear and consistent application of the ADA's requirements to existing facilities.
03/20/2012RuleDEPARTMENT OF JUSTICEJustice DepartmentNondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities; Swimming PoolsBy this rule, the Department of Justice is extending the date for compliance with certain requirements in the 2010 Americans with Disabilities Act (ADA) Standards for Accessible Design (2010 Standards) that relate to provision of accessible entry and...2012-6748FR-Doc-2012-6748Nondiscrimination-On-The-Basis-Of-Disability-By-Public-Accommodations-And-In-Commercial-FacilitiesBy this rule, the Department of Justice is extending the date for compliance with certain requirements in the 2010 Americans with Disabilities Act (ADA) Standards for Accessible Design (2010 Standards) that relate to provision of accessible entry and exit for swimming pools, wading pools, and spas. This final rule, based on a finding of good cause, changes the date for compliance from March 15, 2012, to May 21, 2012 in order to allow additional time to address misunderstandings regarding compliance with these ADA requirements. Some pool owners and operators believed that taking certain steps would always satisfy their obligations under the ADA when in fact those steps would not necessarily result in compliance with the ADA regulations.
02/21/2012Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974; ImplementationElsewhere in the Federal Register, the Department of Justice (DOJ or Department) has published a notice of a new Department-wide Privacy Act system of records, Debt Collection Enforcement System, JUSTICE/DOJ-016. In this notice of proposed rulemaking,...2012-3914FR-Doc-2012-3914Privacy-Act-Of-1974-ImplementationElsewhere in the Federal Register, the Department of Justice (DOJ or Department) has published a notice of a new Department-wide Privacy Act system of records, Debt Collection Enforcement System, JUSTICE/DOJ-016. In this notice of proposed rulemaking, the DOJ proposes to exempt certain records in this system from certain provisions of the Privacy Act in order to avoid interference with the law enforcement functions and responsibilities of the DOJ. Public comment is invited.
02/13/2012Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentCertification Process for State Capital Counsel SystemsSection 2265 of title 28, United States Code, instructs the Attorney General to promulgate regulations establishing a certification procedure for States seeking to qualify for the special Federal habeas corpus review provisions for capital cases under...2012-3293FR-Doc-2012-3293Certification-Process-For-State-Capital-Counsel-SystemsSection 2265 of title 28, United States Code, instructs the Attorney General to promulgate regulations establishing a certification procedure for States seeking to qualify for the special Federal habeas corpus review provisions for capital cases under chapter 154 of title 28. The benefits of chapter 154--including expedited timing and limits on the scope of Federal habeas review of State judgments--are available to States on the condition that they provide counsel to indigent capital defendants in State postconviction proceedings pursuant to mechanisms that satisfy certain statutory requirements. This supplemental notice of proposed rulemaking (supplemental notice) requests public comment concerning five changes that the Department is considering to a previously published proposed rule for the chapter 154 certification procedure.
12/16/2011Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentPreliminary Plan for Retrospective Review Under E.O. 13579The U.S. Parole Commission is asking for comments on its preliminary plan for the retrospective review of its regulations to determine whether any of the regulations should be repealed, modified or expanded. The Commission is undertaking the review to...2011-31758FR-Doc-2011-31758Preliminary-Plan-For-Retrospective-Review-Under-Eo-13579The U.S. Parole Commission is asking for comments on its preliminary plan for the retrospective review of its regulations to determine whether any of the regulations should be repealed, modified or expanded. The Commission is undertaking the review to comply with Executive Order 13579, ``Regulation and Independent Regulatory Agencies,'' issued by the President on July 11, 2011. The purpose of the review is to ensure that the Commission's regulations fulfill the Commission's mission and are effective, cost-efficient and understandable. Comment Date: Written comments must be postmarked and electronic comments must be submitted by February 17, 2012. Please note that the electronic Federal Docket Management System will not accept comments after 11:59 p.m. Eastern Time on the last day of the comment period.
12/06/2011RuleDEPARTMENT OF JUSTICEJustice DepartmentOffice of the Attorney General; Assumption of Concurrent Federal Criminal Jurisdiction in Certain Areas of Indian CountryThis rule establishes the procedures for an Indian tribe whose Indian country is subject to State criminal jurisdiction under Public Law 280 (18 U.S.C. 1162(a)) to request that the United States accept concurrent criminal jurisdiction within the...2011-31313FR-Doc-2011-31313Office-Of-The-Attorney-General-Assumption-Of-Concurrent-Federal-Criminal-Jurisdiction-In-CertainThis rule establishes the procedures for an Indian tribe whose Indian country is subject to State criminal jurisdiction under Public Law 280 (18 U.S.C. 1162(a)) to request that the United States accept concurrent criminal jurisdiction within the tribe's Indian country, and for the Attorney General to decide whether to consent to such a request.
11/25/2011RuleDEPARTMENT OF JUSTICEJustice DepartmentLiteracy ProgramThis document finalizes the Bureau's Literacy Program regulations, published as an interim rule on September 26, 1997 (62 FR 50791). The Bureau amended its regulations on the literacy program for the sake of clarification or simplification.2011-30400FR-Doc-2011-30400Literacy-ProgramThis document finalizes the Bureau's Literacy Program regulations, published as an interim rule on September 26, 1997 (62 FR 50791). The Bureau amended its regulations on the literacy program for the sake of clarification or simplification.
10/21/2011Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentClassification and Program ReviewIn this document, the Bureau of Prisons (Bureau) proposes to revise its regulations on classification and program review to ensure that classification and program review procedures adequately address inmate needs. This proposed rule also adds a new...2011-27179FR-Doc-2011-27179Classification-And-Program-ReviewIn this document, the Bureau of Prisons (Bureau) proposes to revise its regulations on classification and program review to ensure that classification and program review procedures adequately address inmate needs. This proposed rule also adds a new type of review, the ``progress review.'' A progress review will be an abbreviated program review meant to focus on an inmate's programming activities. This shortened version of the more thorough program review will facilitate more efficiently-used staff and inmate time, in that it will primarily focus on any new or changed aspects of an inmate's initial classification and participation in recommended programs. Inmates who have 36 months or more until their projected release date will receive alternating program and progress reviews at least once every 180 calendar days, a practice that will allow the Bureau to more efficiently utilize staff time and resources. The process will also allow staff to devote more time and resources to the reviews of inmates who are closer to their release dates, enabling the Bureau to better fulfill its mission to prepare inmates for eventual release into communities within the United States.
10/20/2011RuleDEPARTMENT OF JUSTICEJustice DepartmentJames Zadroga 9/11 Health and Compensation Act of 2010The Department of Justice is correcting a final rule that appeared in the Federal Register of August 31, 2011 (76 FR 54112). That document issued regulations implementing the amendments made by the James Zadroga 9/11 Health and Compensation Act of 2010...2011-27121FR-Doc-2011-27121James-Zadroga-911-Health-And-Compensation-Act-Of-2010The Department of Justice is correcting a final rule that appeared in the Federal Register of August 31, 2011 (76 FR 54112). That document issued regulations implementing the amendments made by the James Zadroga 9/11 Health and Compensation Act of 2010 (Zadroga Act) with respect to the September 11th Victim Compensation Fund of 2001.
09/20/2011Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentPre-Release Community ConfinementIn this document, the Bureau of Prisons (Bureau) responds to recent litigation surrounding the pre-release community confinement regulation which it published on October 21, 2008 by publishing a proposed rule on this subject.2011-23684FR-Doc-2011-23684Pre-Release-Community-ConfinementIn this document, the Bureau of Prisons (Bureau) responds to recent litigation surrounding the pre-release community confinement regulation which it published on October 21, 2008 by publishing a proposed rule on this subject.
09/19/2011Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentRevision of Department of Justice Freedom of Information Act RegulationsOn March 21, 2011, the Department of Justice published a proposed rule revising its existing regulations under the Freedom of Information Act. The comment period for that rule closed on April 20, 2011. The Department is reopening the comment period for...2011-23903FR-Doc-2011-23903Revision-Of-Department-Of-Justice-Freedom-Of-Information-Act-RegulationsOn March 21, 2011, the Department of Justice published a proposed rule revising its existing regulations under the Freedom of Information Act. The comment period for that rule closed on April 20, 2011. The Department is reopening the comment period for an additional 30-day period.
09/15/2011Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentProgress Reports Rules RevisionIn this document, the Bureau of Prisons (Bureau) proposes to remove from regulations and/or modify two types of progress reports: Transfer reports and triennial reports.2011-23687FR-Doc-2011-23687Progress-Reports-Rules-RevisionIn this document, the Bureau of Prisons (Bureau) proposes to remove from regulations and/or modify two types of progress reports: Transfer reports and triennial reports.
08/31/2011RuleDEPARTMENT OF JUSTICEJustice DepartmentAttorney General's Guidelines on Implementation of the Provisions of the Voting Rights Act Regarding Language Minority GroupsThis rule updates the Attorney General's interpretative guidelines under the language minority provisions of the Voting Rights Act, which require certain states and political subdivisions to conduct elections in the language of certain ``language...2011-22160FR-Doc-2011-22160Attorney-Generals-Guidelines-On-Implementation-Of-The-Provisions-Of-The-Voting-Rights-Act-RegardingThis rule updates the Attorney General's interpretative guidelines under the language minority provisions of the Voting Rights Act, which require certain states and political subdivisions to conduct elections in the language of certain ``language minority groups'' in addition to English. The rule reflects 2006 statutory amendments extending the time period for which covered jurisdictions must adhere to the minority language requirements in sections 4(f)(4) and 203 of the Voting Rights Act. The rule also amends the Appendix to the guidelines to reflect 2002 coverage determinations based upon the 2000 Census made by the Director of the Census pursuant to section 203(b) of the Act. It also makes technical changes to conform the guidelines to the 2006 and 2008 amendments to the Voting Rights Act, the 2002 Census determinations, and a 2009 Supreme Court decision, as well as to add or correct statutory citations.
08/31/2011RuleDEPARTMENT OF JUSTICEJustice DepartmentJames Zadroga 9/11 Health and Compensation Act of 2010On January 2, 2011, President Obama signed into law the James Zadroga 9/11 Health and Compensation Act of 2010 (Zadroga Act). Title II of the Zadroga Act reactivates the September 11th Victim Compensation Fund of 2001 and requires a Special Master,...2011-22295FR-Doc-2011-22295James-Zadroga-911-Health-And-Compensation-Act-Of-2010On January 2, 2011, President Obama signed into law the James Zadroga 9/11 Health and Compensation Act of 2010 (Zadroga Act). Title II of the Zadroga Act reactivates the September 11th Victim Compensation Fund of 2001 and requires a Special Master, appointed by the Attorney General, to provide compensation to any individual (or a personal representative of a deceased individual) who suffered physical harm or was killed as a result of the terrorist-related aircraft crashes of September 11, 2001, or the debris removal efforts that took place in the immediate aftermath of those crashes. The Attorney General appointed Sheila L. Birnbaum to serve as Special Master and administer the Fund. On June 21, 2011, the Special Master issued a Notice of Proposed Rulemaking that proposed to amend the regulations implementing the Fund to reflect the changes made by the Zadroga Act. After reviewing the extensive public comments and meeting with numerous victims, victims' families, and other groups, the Special Master is issuing this final rule and associated commentary, which make certain clarifications and changes that are designed to address issues that have been raised. Specifically, the final rule clarifies, supplements, and amends the proposed rule by, among other things: Expanding the geographic zone recognized as a ``9/11 crash site''; providing greater consistency with the World Trade Center Health Program by adding additional forms of proof that may be used to establish eligibility; and clarifying the types of fees and charges that would come within the caps on amounts that a claimant's representative may charge in connection with a claim made to the Fund.
07/08/2011RuleDEPARTMENT OF JUSTICEJustice DepartmentPsychiatric Evaluation and TreatmentIn this document, the Bureau of Prisons (Bureau) finalizes regulations on providing psychiatric treatment and medication to inmates. These revised regulations are clarified and updated to reflect current caselaw.2011-17160FR-Doc-2011-17160Psychiatric-Evaluation-And-TreatmentIn this document, the Bureau of Prisons (Bureau) finalizes regulations on providing psychiatric treatment and medication to inmates. These revised regulations are clarified and updated to reflect current caselaw.
06/21/2011Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentJames Zadroga 9/11 Health and Compensation Act of 2010On January 2, 2011, President Obama signed into law the James Zadroga 9/11 Health and Compensation Act of 2010 (Zadroga Act). Title II of the Zadroga Act reactivates the September 11th Victim Compensation Fund of 2001 and requires a Special Master,...2011-15459FR-Doc-2011-15459James-Zadroga-911-Health-And-Compensation-Act-Of-2010On January 2, 2011, President Obama signed into law the James Zadroga 9/11 Health and Compensation Act of 2010 (Zadroga Act). Title II of the Zadroga Act reactivates the September 11th Victim Compensation Fund of 2001 and requires a Special Master, appointed by the Attorney General, to provide compensation to any individual (or a personal representative of a deceased individual) who suffered physical harm or was killed as a result of the terrorist-related aircraft crashes of September 11, 2001, or the debris removal efforts that took place in the immediate aftermath of those crashes. This rule proposes to amend the regulations implementing the Fund to reflect the changes made by the Zadroga Act.
05/31/2011RuleDEPARTMENT OF JUSTICEJustice DepartmentProcedures Governing Administrative Review of a United States Trustee's Decision To Deny a Chapter 12 or Chapter 13 Standing Trustee's Claim of Actual, Necessary ExpensesThis final rule (``rule'') sets forth the procedures for a chapter 12 or chapter 13 standing trustee (``trustee'') to obtain administrative review of a United States Trustee's decision to deny a trustee's claim that certain expenses are actual and...2011-12187FR-Doc-2011-12187Procedures-Governing-Administrative-Review-Of-A-United-States-Trustees-Decision-To-Deny-A-Chapter-12This final rule (``rule'') sets forth the procedures for a chapter 12 or chapter 13 standing trustee (``trustee'') to obtain administrative review of a United States Trustee's decision to deny a trustee's claim that certain expenses are actual and necessary for the administration of bankruptcy cases. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (``BAPCPA'') requires that trustees exhaust all administrative remedies pertaining to a denial of a claim of actual, necessary expenses before seeking judicial review, and the Attorney General prescribe procedures for administrative review of such denials. This rule ensures that the process for administratively reviewing a United States Trustee's denial of a trustee's request for expenses is fair and effective.
05/23/2011Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentAssumption of Concurrent Federal Criminal Jurisdiction in Certain Areas of Indian CountryThis rule proposes to establish the procedures for an Indian tribe whose Indian country is subject to State criminal jurisdiction under Public Law 280 (18 U.S.C. 1162(a)) to request that the United States accept concurrent criminal jurisdiction within...2011-12541FR-Doc-2011-12541Assumption-Of-Concurrent-Federal-Criminal-Jurisdiction-In-Certain-Areas-Of-Indian-CountryThis rule proposes to establish the procedures for an Indian tribe whose Indian country is subject to State criminal jurisdiction under Public Law 280 (18 U.S.C. 1162(a)) to request that the United States accept concurrent criminal jurisdiction within the tribe's Indian country, and for the Attorney General to decide whether to consent to such a request.
05/09/2011Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentConsolidation of Seizure and Forfeiture RegulationsThe Department of Justice (the Department) proposes to revise, consolidate, and update its seizure and forfeiture regulations, to conform those regulations to the Civil Asset Forfeiture Reform Act (CAFRA) of 2000 to reflect organizational changes that...2011-9826FR-Doc-2011-9826Consolidation-Of-Seizure-And-Forfeiture-RegulationsThe Department of Justice (the Department) proposes to revise, consolidate, and update its seizure and forfeiture regulations, to conform those regulations to the Civil Asset Forfeiture Reform Act (CAFRA) of 2000 to reflect organizational changes that have occurred within the Department, and to make other changes.
04/15/2011RuleDEPARTMENT OF JUSTICEJustice DepartmentRevision of Voting Rights ProceduresThe Attorney General finds it necessary to revise the Department of Justice's ``Procedures for the Administration of section 5 of the Voting Rights Act of 1965.'' The revisions are needed to clarify the scope of section 5 review based on recent...2011-9083FR-Doc-2011-9083Revision-Of-Voting-Rights-ProceduresThe Attorney General finds it necessary to revise the Department of Justice's ``Procedures for the Administration of section 5 of the Voting Rights Act of 1965.'' The revisions are needed to clarify the scope of section 5 review based on recent amendments to section 5, make technical clarifications and updates, and provide better guidance to covered jurisdictions and interested members of the public concerning current Department practices. Proposed revised Procedures were published for comment on June 11, 2010, and a 60-day comment period was provided.
04/11/2011RuleDEPARTMENT OF JUSTICEJustice DepartmentInternational Terrorism Victim Expense Reimbursement ProgramThe Office for Victims of Crime (OVC) is promulgating this interim-final rule for its International Terrorism Victim Expense Reimbursement Program (ITVERP) in order to remove a regulatory limitation on the discretion of the Director of OVC to accept...2011-8479FR-Doc-2011-8479International-Terrorism-Victim-Expense-Reimbursement-ProgramThe Office for Victims of Crime (OVC) is promulgating this interim-final rule for its International Terrorism Victim Expense Reimbursement Program (ITVERP) in order to remove a regulatory limitation on the discretion of the Director of OVC to accept claims filed more than three years after the date that an incident is designated as an incident of international terrorism.
03/21/2011Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentFreedom of Information Act RegulationsThis rule proposes revisions to the Department's regulations under the Freedom of Information Act (FOIA). The regulations are being revised to update and streamline the language of several procedural provisions, and to incorporate certain of the...2011-6473FR-Doc-2011-6473Freedom-Of-Information-Act-RegulationsThis rule proposes revisions to the Department's regulations under the Freedom of Information Act (FOIA). The regulations are being revised to update and streamline the language of several procedural provisions, and to incorporate certain of the changes brought about by the amendments to the FOIA under the OPEN Government Act of 2007. Additionally, the regulations are being updated to reflect developments in the case law and to include current cost figures to be used in calculating and charging fees.
03/21/2011RuleDEPARTMENT OF JUSTICEJustice DepartmentRedelegation of Authority to Compromise and Close Civil ClaimsThis Tax Division directive delegates to a Principal Deputy Assistant Attorney General all of the Assistant Attorney General's authority to compromise and close civil claims, except when such action is opposed by the client agency or agencies. This Tax...2011-6530FR-Doc-2011-6530Redelegation-Of-Authority-To-Compromise-And-Close-Civil-ClaimsThis Tax Division directive delegates to a Principal Deputy Assistant Attorney General all of the Assistant Attorney General's authority to compromise and close civil claims, except when such action is opposed by the client agency or agencies. This Tax Division directive further delegates settlement authority of the Chiefs of the Civil Trial Sections, the Court of Federal Claims Section, the Appellate Section, the Office of Review, and the Deputy Assistant Attorneys General, to compromise and close civil claims. In addition, this directive allows discretionary redelegation of limited authority by a Section Chief to his or her Assistant Chiefs and Reviewers. This directive supersedes Directive No. 135.
03/11/2011RuleDEPARTMENT OF JUSTICEJustice DepartmentNondiscrimination on the Basis of Disability in State and Local Government Services; CorrectionsThis document contains corrections to the final rule published in the Federal Register of Wednesday, September 15, 2010, at 75 FR 56164, relating to nondiscrimination on the basis of disability in State and local government services. This document will...2011-5580FR-Doc-2011-5580Nondiscrimination-On-The-Basis-Of-Disability-In-State-And-Local-Government-Services-CorrectionsThis document contains corrections to the final rule published in the Federal Register of Wednesday, September 15, 2010, at 75 FR 56164, relating to nondiscrimination on the basis of disability in State and local government services. This document will correct typographical errors and one substantive error reflected in certain sections of the rule relating to service animals.
03/11/2011RuleDEPARTMENT OF JUSTICEJustice DepartmentNondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities; CorrectionsThis document contains corrections to the final rule published in the Federal Register of Wednesday, September 15, 2010, at 75 FR 56236, relating to nondiscrimination on the basis of disability by public accommodations and in commercial facilities....2011-5581FR-Doc-2011-5581Nondiscrimination-On-The-Basis-Of-Disability-By-Public-Accommodations-And-In-Commercial-FacilitiesThis document contains corrections to the final rule published in the Federal Register of Wednesday, September 15, 2010, at 75 FR 56236, relating to nondiscrimination on the basis of disability by public accommodations and in commercial facilities. This document will correct an inadvertent error in an instruction, the omission of some language in the rule, and an error reflected in certain sections of the rule relating to service animals.
03/03/2011Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentOffice of the Attorney General; Certification Process for State Capital Counsel SystemsSection 2265 of title 28, United States Code, instructs the Attorney General to promulgate regulations to implement certification procedures for States seeking to qualify for the expedited Federal habeas corpus review procedures in capital cases under...2011-4800FR-Doc-2011-4800Office-Of-The-Attorney-General-Certification-Process-For-State-Capital-Counsel-SystemsSection 2265 of title 28, United States Code, instructs the Attorney General to promulgate regulations to implement certification procedures for States seeking to qualify for the expedited Federal habeas corpus review procedures in capital cases under chapter 154 of title 28. The procedural benefits of chapter 154 are available to States that establish mechanisms for providing counsel to indigent capital defendants in State postconviction proceedings that satisfy certain statutory requirements. This proposed rule sets forth the required regulations for the certification procedure.
03/01/2011RuleDEPARTMENT OF JUSTICEJustice DepartmentInmate Discipline Program/Special Housing Units: Subpart Revision and ClarificationIn this document, the Bureau of Prisons delays the effective date of the final rule that appeared in the Federal Register on December 8, 2010, (75 FR 76263) and the subsequent correction which appeared in the Federal Register on December 29, 2010 (75...2011-4359FR-Doc-2011-4359Inmate-Discipline-Programspecial-Housing-Units-Subpart-Revision-And-ClarificationIn this document, the Bureau of Prisons delays the effective date of the final rule that appeared in the Federal Register on December 8, 2010, (75 FR 76263) and the subsequent correction which appeared in the Federal Register on December 29, 2010 (75 FR 81853). The new effective date for both documents is June 20, 2011.
02/03/2011Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentNational Standards To Prevent, Detect, and Respond to Prison RapeThe Department of Justice (Department) has under review national standards for combating sexual abuse in confinement settings that were prepared by the National Prison Rape Elimination Commission (Commission) pursuant to the Prison Rape Elimination Act...2011-1905FR-Doc-2011-1905National-Standards-To-Prevent-Detect-And-Respond-To-Prison-RapeThe Department of Justice (Department) has under review national standards for combating sexual abuse in confinement settings that were prepared by the National Prison Rape Elimination Commission (Commission) pursuant to the Prison Rape Elimination Act of 2003 (PREA) and recommended by the Commission to the Attorney General. On March 10, 2010, the Department published an Advance Notice of Proposed Rulemaking (ANPRM) to solicit public input on the Commission's proposed national standards and to receive information useful to the Department in publishing a final rule adopting national standards for the detection, prevention, reduction, and punishment of prison rape, as mandated by PREA. The Department is now publishing this Notice of Proposed Rulemaking to propose such national standards for comment and to respond to the public comments received on the ANPRM.
02/03/2011RuleDEPARTMENT OF JUSTICEJustice DepartmentUse of Less-Than-Lethal Force: DelegationIn this document, the Bureau of Prisons (Bureau) finalizes its proposed regulation on the use of chemical agents and other non-lethal (less-than-lethal) force to clarify that the authority of the Warden to authorize the use of chemical agents or other...2011-2364FR-Doc-2011-2364Use-Of-Less-Than-Lethal-Force-DelegationIn this document, the Bureau of Prisons (Bureau) finalizes its proposed regulation on the use of chemical agents and other non-lethal (less-than-lethal) force to clarify that the authority of the Warden to authorize the use of chemical agents or other less-than-lethal weapons may not be delegated below the position of Lieutenant.
01/11/2011RuleDEPARTMENT OF JUSTICEJustice DepartmentInmate FurloughsIn this document, the Bureau of Prisons (Bureau) revises its federal regulations on the inmate furlough program primarily to more clearly provide for and define transfer furloughs. Also, under this rule, the Bureau is expanding the authority of its...2011-281FR-Doc-2011-281Inmate-FurloughsIn this document, the Bureau of Prisons (Bureau) revises its federal regulations on the inmate furlough program primarily to more clearly provide for and define transfer furloughs. Also, under this rule, the Bureau is expanding the authority of its Wardens to consider all inmates potentially eligible for non-transfer furloughs, as opposed to the current rule, which limits consideration to inmates with community custody status.
12/29/2010RuleDEPARTMENT OF JUSTICEJustice DepartmentInmate Discipline Program/Special Housing Units: Subpart Revision and ClarificationThe Bureau of Prisons (Bureau) is correcting a final rule that appeared in the Federal Register of December 8, 2010 (75 FR 76263). The document issued a final rule amending the Bureau's Inmate Discipline Program and Special Housing Units (SHU)...2010-32706FR-Doc-2010-32706Inmate-Discipline-Programspecial-Housing-Units-Subpart-Revision-And-ClarificationThe Bureau of Prisons (Bureau) is correcting a final rule that appeared in the Federal Register of December 8, 2010 (75 FR 76263). The document issued a final rule amending the Bureau's Inmate Discipline Program and Special Housing Units (SHU) regulations. The Bureau issues this correction document in order to correct typographical and numbering errors. No substantive changes are being made to the final rule document.
12/29/2010RuleDEPARTMENT OF JUSTICEJustice DepartmentOffice of the Attorney General; Applicability of the Sex Offender Registration and Notification ActBy this rule, the Department of Justice is finalizing an interim rule specifying that the requirements of the Sex Offender Registration and Notification Act, title I of Public Law 109-248, apply to all sex offenders, including sex offenders convicted...2010-32719FR-Doc-2010-32719Office-Of-The-Attorney-General-Applicability-Of-The-Sex-Offender-Registration-And-Notification-ActBy this rule, the Department of Justice is finalizing an interim rule specifying that the requirements of the Sex Offender Registration and Notification Act, title I of Public Law 109-248, apply to all sex offenders, including sex offenders convicted of the offense for which registration is required before the enactment of that Act.
12/28/2010RuleDEPARTMENT OF JUSTICEJustice DepartmentParoling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia CodesThe U.S. Parole Commission is revising its rule on original jurisdiction cases. The revision adds as a criterion for original jurisdiction designation a case in which the offender caused the death of a law enforcement officer while the officer was...2010-32596FR-Doc-2010-32596Paroling-Recommitting-And-Supervising-Federal-Prisoners-Prisoners-Serving-Sentences-Under-The-UnitedThe U.S. Parole Commission is revising its rule on original jurisdiction cases. The revision adds as a criterion for original jurisdiction designation a case in which the offender caused the death of a law enforcement officer while the officer was performing his duty. In the rule on the quorum of Commissioners needed for agency action, the Commission is adding provisions that describe the consequence of a vote in which the Commission members are equally divided in their decisions.
12/22/2010RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974; ImplementationThe Federal Bureau of Investigation (FBI), a component of the Department of Justice, issued a proposed rule for a new Privacy Act system of records entitled, the ``Data Integration and Visualization System (DIVS),'' JUSTICE/FBI-021, 75 FR 53262 (August...2010-32108FR-Doc-2010-32108Privacy-Act-Of-1974-ImplementationThe Federal Bureau of Investigation (FBI), a component of the Department of Justice, issued a proposed rule for a new Privacy Act system of records entitled, the ``Data Integration and Visualization System (DIVS),'' JUSTICE/FBI-021, 75 FR 53262 (August 31, 2010). DIVS is exempt from the subsections of the Privacy Act listed below for the reasons set forth in the following text. Information in this system of records related to matters of law enforcement and the exemptions are necessary to avoid interference with the national security and criminal law enforcement functions and responsibilities of the FBI. This document addresses a public comment on the proposed rule.
12/08/2010RuleDEPARTMENT OF JUSTICEJustice DepartmentInmate Discipline Program/Special Housing Units: Subpart Revision and ClarificationIn this document, the Bureau of Prisons (Bureau) amends its Inmate Discipline and Special Housing Unit (SHU) regulations. We intend this amendment to streamline and clarify these regulations, eliminating unnecessary text and obsolete language, and...2010-30525FR-Doc-2010-30525Inmate-Discipline-Programspecial-Housing-Units-Subpart-Revision-And-ClarificationIn this document, the Bureau of Prisons (Bureau) amends its Inmate Discipline and Special Housing Unit (SHU) regulations. We intend this amendment to streamline and clarify these regulations, eliminating unnecessary text and obsolete language, and removing internal agency procedures that need not be in regulations text. We also make substantive changes to our list of prohibited acts for which disciplinary sanctions may be imposed, and alter the list of possible sanctions available to allow Discipline Hearing Officers more flexibility in adapting the sanction to fit the seriousness of the violation.
11/23/2010RuleDEPARTMENT OF JUSTICEJustice DepartmentOffice of the Attorney General; Certification Process for State Capital Counsel Systems; Removal of Final RulePursuant to the USA PATRIOT Improvement and Reauthorization Act of 2005, the Department of Justice promulgated a final rule to implement certification procedures for States seeking to qualify for the special federal habeas corpus review procedures in...2010-29329FR-Doc-2010-29329Office-Of-The-Attorney-General-Certification-Process-For-State-Capital-Counsel-Systems-Removal-OfPursuant to the USA PATRIOT Improvement and Reauthorization Act of 2005, the Department of Justice promulgated a final rule to implement certification procedures for States seeking to qualify for the special federal habeas corpus review procedures in capital cases. A Federal district court issued an injunction requiring the Department to provide an additional public comment period and publish a response to any comments received during that period. The Department then solicited further public comments. By this rule, the Department is removing the December 11, 2008 regulations. The Department will issue new regulations on this subject by separate rulemaking.
11/17/2010RuleDEPARTMENT OF JUSTICEJustice DepartmentOffice of Tribal JusticeThis rule will amend part 0 of title 28 of the Code of Federal Regulations to reflect the establishment of the Office of Tribal Justice as a distinct component of the Department of Justice. The Office of Tribal Justice was created by the Attorney...2010-28947FR-Doc-2010-28947Office-Of-Tribal-JusticeThis rule will amend part 0 of title 28 of the Code of Federal Regulations to reflect the establishment of the Office of Tribal Justice as a distinct component of the Department of Justice. The Office of Tribal Justice was created by the Attorney General to provide a channel for Tribes to communicate their concerns to the Department, to help coordinate policy on Indian affairs both within the Department and with other Federal agencies, and to ensure that the Department and its components work with Tribes on a government-to-government basis. This rule, which sets forth the Office's organization, mission and functions, amends the Code of Federal Regulations in order to reflect accurately the Department's internal management structure.
11/16/2010RuleDEPARTMENT OF JUSTICEJustice DepartmentDelegation of Authority Under 18 U.S.C. 249This rule amends 28 CFR part 0 to delegate the Attorney General's certification authority under 18 U.S.C. 249, relating to hate crimes, to the Assistant Attorney General for the Civil Rights Division, and, in limited circumstances, to the Assistant...2010-28725FR-Doc-2010-28725Delegation-Of-Authority-Under-18-Usc-249This rule amends 28 CFR part 0 to delegate the Attorney General's certification authority under 18 U.S.C. 249, relating to hate crimes, to the Assistant Attorney General for the Civil Rights Division, and, in limited circumstances, to the Assistant Attorney General for the Criminal Division.
10/27/2010Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentNondiscrimination on the Basis of Disability in State and Local Government Services, Public Accommodations and in Commercial Facilities; HearingsOn July 26, 2010, the Department of Justice (Department) published four Advanced Notices of Proposed Rulemaking (ANPRMs) in the Federal Register to amend regulations issued under the Americans with Disabilities Act (ADA). These four ANPRMs include:...2010-27092FR-Doc-2010-27092Nondiscrimination-On-The-Basis-Of-Disability-In-State-And-Local-Government-Services-PublicOn July 26, 2010, the Department of Justice (Department) published four Advanced Notices of Proposed Rulemaking (ANPRMs) in the Federal Register to amend regulations issued under the Americans with Disabilities Act (ADA). These four ANPRMs include: Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities and Public Accommodations; Nondiscrimination on the Basis of Disability in State and Local Government Services; Accessibility of Next Generation 9-1-1; Nondiscrimination on the Basis of Disability; Movie Captioning and Video Description; and Nondiscrimination on the Basis of Disability by State and Local Governments and Places of Public Accommodation; Equipment and Furniture. To provide an opportunity for interested persons to express their views directly to Department officials, the Department will hold three public hearings on the ANPRMs.
10/08/2010Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentParoling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia CodesThe United States Parole Commission seeks public comment on a proposed rule that would amend the Offense Behavior Severity Index in its paroling policy guidelines to equalize the ratings for crack cocaine and powder cocaine offenses.2010-24648FR-Doc-2010-24648Paroling-Recommitting-And-Supervising-Federal-Prisoners-Prisoners-Serving-Sentences-Under-The-UnitedThe United States Parole Commission seeks public comment on a proposed rule that would amend the Offense Behavior Severity Index in its paroling policy guidelines to equalize the ratings for crack cocaine and powder cocaine offenses.
09/15/2010RuleDEPARTMENT OF JUSTICEJustice DepartmentNondiscrimination on the Basis of Disability by Public Accommodations and in Commercial FacilitiesThis final rule revises the Department of Justice (Department) regulation that implements title III of the Americans with Disabilities Act (ADA), relating to nondiscrimination on the basis of disability by public accommodations and in commercial...2010-21824FR-Doc-2010-21824Nondiscrimination-On-The-Basis-Of-Disability-By-Public-Accommodations-And-In-Commercial-FacilitiesThis final rule revises the Department of Justice (Department) regulation that implements title III of the Americans with Disabilities Act (ADA), relating to nondiscrimination on the basis of disability by public accommodations and in commercial facilities. The Department is issuing this final rule in order to adopt enforceable accessibility standards under the Americans with Disabilities Act of 1990 (ADA) that are consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board, and to update or amend certain provisions of the title III regulation so that they comport with the Department's legal and practical experiences in enforcing the ADA since 1991. Concurrently with the publication of the final rule for title III, the Department is publishing a final rule amending its ADA title II regulation, which covers nondiscrimination on the basis of disability in State and local government services.
09/15/2010RuleDEPARTMENT OF JUSTICEJustice DepartmentNondiscrimination on the Basis of Disability in State and Local Government ServicesThis final rule revises the regulation of the Department of Justice (Department) that implements title II of the Americans with Disabilities Act (ADA), relating to nondiscrimination on the basis of disability in State and local government services. The...2010-21821FR-Doc-2010-21821Nondiscrimination-On-The-Basis-Of-Disability-In-State-And-Local-Government-ServicesThis final rule revises the regulation of the Department of Justice (Department) that implements title II of the Americans with Disabilities Act (ADA), relating to nondiscrimination on the basis of disability in State and local government services. The Department is issuing this final rule in order to adopt enforceable accessibility standards under the ADA that are consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board (Access Board), and to update or amend certain provisions of the title II regulation so that they comport with the Department's legal and practical experiences in enforcing the ADA since 1991. Concurrently with the publication of this final rule for title II, the Department is publishing a final rule amending its ADA title III regulation, which covers nondiscrimination on the basis of disability by public accommodations and in commercial facilities.
08/31/2010Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974; System of RecordsElsewhere in the Federal Register, the Federal Bureau of Investigation (FBI), a component of the Department of Justice, has published a notice of a new Privacy Act system of records, JUSTICE/FBI- 021, the Data Integration and Visualization System...2010-21247FR-Doc-2010-21247Privacy-Act-Of-1974-System-Of-RecordsElsewhere in the Federal Register, the Federal Bureau of Investigation (FBI), a component of the Department of Justice, has published a notice of a new Privacy Act system of records, JUSTICE/FBI- 021, the Data Integration and Visualization System (DIVS). In this notice of proposed rulemaking, the FBI proposes to exempt this system from certain provisions of the Privacy Act in order to avoid interference with the national security and criminal law enforcement functions and responsibilities of the FBI. Public comment is invited.
08/19/2010RuleDEPARTMENT OF JUSTICEJustice DepartmentParoling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia CodesThe U.S. Parole Commission is amending a rule that implements its authority under the District of Columbia Youth Rehabilitation Act to set aside a conviction for a youth offender. The rule acknowledges the Commission's authority to set aside a youth...2010-20560FR-Doc-2010-20560Paroling-Recommitting-And-Supervising-Federal-Prisoners-Prisoners-Serving-Sentences-Under-The-UnitedThe U.S. Parole Commission is amending a rule that implements its authority under the District of Columbia Youth Rehabilitation Act to set aside a conviction for a youth offender. The rule acknowledges the Commission's authority to set aside a youth offender's misdemeanor conviction and describes the information the Commission examines in making such a determination. Also, the rule clarifies the Commission's policy for issuing a set-aside certificate for a youth offender who was formerly on supervised release and who was not reviewed for the set- aside certificate before the offender's sentence expired. The rule adopts the Commission's established criteria for conducting set-aside reviews when a youth offender's parole term ends before such a review has been held.
08/10/2010RuleDEPARTMENT OF JUSTICEJustice DepartmentRadiation Exposure Compensation Act: Allowance for Costs and ExpensesBy this rule the Department of Justice (``the Department'') amends its existing regulations implementing the Radiation Exposure Compensation Act (``RECA'' or ``the Act'') to conform to the decision of the Tenth Circuit in the case of Hackwell v. United...2010-19633FR-Doc-2010-19633Radiation-Exposure-Compensation-Act-Allowance-For-Costs-And-ExpensesBy this rule the Department of Justice (``the Department'') amends its existing regulations implementing the Radiation Exposure Compensation Act (``RECA'' or ``the Act'') to conform to the decision of the Tenth Circuit in the case of Hackwell v. United States, 491 F.3d 1229, 1241 (10th Cir. 2007). The Tenth Circuit held that the plain meaning of ``services rendered'' in section 9(a) of the Act revealed Congress' unambiguous intent to exclude ``costs incurred'' from the attorney fee limitation. Consequently, the court invalidated 28 CFR 79.74(b) as ``contrary to the RECA's plain language.'' Accordingly, the Department is amending its regulation at Sec. 79.74(b) to strike the language ``including costs incurred'' from the agency's limitation on payments to attorneys representing claimants under RECA.
07/26/2010Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentNondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities and Public AccommodationsThe Department of Justice (Department) is considering revising the regulations implementing title III of the Americans with Disabilities Act (ADA or Act) in order to establish requirements for making the goods, services, facilities, privileges,...2010-18334FR-Doc-2010-18334Nondiscrimination-On-The-Basis-Of-Disability-Accessibility-Of-Web-Information-And-Services-Of-StateThe Department of Justice (Department) is considering revising the regulations implementing title III of the Americans with Disabilities Act (ADA or Act) in order to establish requirements for making the goods, services, facilities, privileges, accommodations, or advantages offered by public accommodations via the Internet, specifically at sites on the World Wide Web (Web), accessible to individuals with disabilities. The Department is also considering revising the ADA's title II regulation to establish requirements for making the services, programs, or activities offered by State and local governments to the public via the Web accessible. The Department is issuing this advance notice of proposed rulemaking (ANPRM) in order to solicit public comment on various issues relating to the potential application of such requirements and to obtain background information for the regulatory assessment the Department must prepare if it were to adopt requirements that are economically significant according to Executive Order 12866.
07/26/2010Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentNondiscrimination on the Basis of Disability; Movie Captioning and Video DescriptionThe Department of Justice (Department) is considering revising its regulation implementing title III of the Americans with Disabilities Act (ADA) in order to establish requirements for making the goods, services, facilities, privileges, accommodations,...2010-18337FR-Doc-2010-18337Nondiscrimination-On-The-Basis-Of-Disability-Movie-Captioning-And-Video-DescriptionThe Department of Justice (Department) is considering revising its regulation implementing title III of the Americans with Disabilities Act (ADA) in order to establish requirements for making the goods, services, facilities, privileges, accommodations, or advantages offered by movie theater owners or operators at movie theaters accessible to individuals who are deaf or hard of hearing or who are blind or have low vision by screening movies with closed captioning or video description. The Department is issuing this Advance Notice of Proposed Rulemaking (ANPRM) in order to solicit public comment on various issues relating to the potential application of such requirements and to obtain background information for the regulatory assessment the Department may need to prepare in adopting any such requirements.
07/26/2010Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentNondiscrimination on the Basis of Disability in State and Local Government Services; Accessibility of Next Generation 9-1-1The Department of Justice (Department) is considering revising the regulation implementing title II of the Americans with Disabilities Act (ADA) to address in what manner public entities that operate 9-1-1 call-taking centers (also known as Public...2010-18336FR-Doc-2010-18336Nondiscrimination-On-The-Basis-Of-Disability-In-State-And-Local-Government-Services-Accessibility-OfThe Department of Justice (Department) is considering revising the regulation implementing title II of the Americans with Disabilities Act (ADA) to address in what manner public entities that operate 9-1-1 call-taking centers (also known as Public Safety Answering Points (PSAPs)) should be required to make changes in telecommunication technology to reflect developments that have occurred since the publication of the Department's 1991 regulation. Under its existing title II regulation, the Department requires that PSAPs provide direct, equal access to telephone emergency centers for individuals with disabilities who use analog text telephones (TTYs).\\1\\ Many individuals with disabilities now use the Internet and wireless text devices as their primary modes of telecommunications. At the same time, PSAPs are considering and planning to shift from analog telecommunications technology to new Internet-Protocol (IP)-enabled Next Generation 9-1-1 services (NG 9-1-1) that will provide voice and data (such as text, pictures, and video) capabilities. This ANPRM seeks information on possible revisions to the Department's regulation to ensure direct access to NG 9-1-1 services for individuals with disabilities. ---------------------------------------------------------------------------
07/26/2010Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentNondiscrimination on the Basis of Disability by State and Local Governments and Places of Public Accommodation; Equipment and FurnitureThe Department of Justice (Department) is considering possible changes to requirements under titles II and III of the Americans with Disabilities Act (ADA) to ensure that equipment and furniture used in programs and services provided by public entities...2010-18331FR-Doc-2010-18331Nondiscrimination-On-The-Basis-Of-Disability-By-State-And-Local-Governments-And-Places-Of-PublicThe Department of Justice (Department) is considering possible changes to requirements under titles II and III of the Americans with Disabilities Act (ADA) to ensure that equipment and furniture used in programs and services provided by public entities and public accommodations are accessible to individuals with disabilities. In this Advance Notice of Proposed Rulemaking (ANPRM), the Department is seeking public input on issues relating to possible revisions of ADA regulations to ensure the accessibility of equipment and furniture in such programs and services and also is seeking background information for the regulatory assessment that the Department may need to prepare if it revises its regulations.
06/18/2010RuleDEPARTMENT OF JUSTICEJustice DepartmentAdministrative Remedy Program: Exception to Initial Filing ProceduresIn this document, the Bureau of Prisons (Bureau) revises current regulations on the Administrative Remedy Program to add an exception to initial filing of Administrative Remedy appeals at the institution level. The exception will state that formal...2010-14715FR-Doc-2010-14715Administrative-Remedy-Program-Exception-To-Initial-Filing-ProceduresIn this document, the Bureau of Prisons (Bureau) revises current regulations on the Administrative Remedy Program to add an exception to initial filing of Administrative Remedy appeals at the institution level. The exception will state that formal administrative remedy requests regarding initial decisions that did not originate with the Warden, or his/her staff, may be initially filed with the Bureau office which made the original decision, and appealed directly to the General Counsel.
06/11/2010Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentRevision of the Procedures for the Administration of Section 5 of the Voting Rights ActThe Attorney General is considering amendments to the Department of Justice's ``Procedures for the Administration of Section 5 of the Voting Rights Act of 1965.'' The proposed amendments are designed to clarify the scope of section 5 review based on...2010-13393FR-Doc-2010-13393Revision-Of-The-Procedures-For-The-Administration-Of-Section-5-Of-The-Voting-Rights-ActThe Attorney General is considering amendments to the Department of Justice's ``Procedures for the Administration of Section 5 of the Voting Rights Act of 1965.'' The proposed amendments are designed to clarify the scope of section 5 review based on recent amendments to section 5, make technical clarifications and updates, and provide better guidance to covered jurisdictions and minority citizens concerning current Department practices. Interested persons are invited to participate in the consideration of these amendments.
05/25/2010Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentOffice of the Attorney General; Certification Process for State Capital Counsel Systems; Removal of Final RulePursuant to the USA PATRIOT Improvement and Reauthorization Act of 2005, the Department of Justice promulgated a final rule to implement certification procedures for States seeking to qualify for the special Federal habeas corpus review procedures in...2010-12535FR-Doc-2010-12535Office-Of-The-Attorney-General-Certification-Process-For-State-Capital-Counsel-Systems-Removal-OfPursuant to the USA PATRIOT Improvement and Reauthorization Act of 2005, the Department of Justice promulgated a final rule to implement certification procedures for States seeking to qualify for the special Federal habeas corpus review procedures in capital cases afforded under chapter 154 of title 28 of the United States Code. See Certification Process for State Capital Counsel Systems, 73 FR 75327 (Dec. 11, 2008). A Federal district court issued an injunction requiring the Department to provide an additional public comment period and publish a response to any comments received during that period. The Department then solicited further public comments. By this proposed rule, the Department is proposing to remove the December 11, 2008 regulations. The Department will issue new regulations on this subject by separate rulemaking after the December 2008 regulations are removed.
05/20/2010Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentParoling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia CodesThe U.S. Parole Commission proposes to amend a rule that implements its authority under the District of Columbia Youth Rehabilitation Act to set aside a conviction for a youth offender. The proposed rule specifies the Commission's authority to set...2010-12023FR-Doc-2010-12023Paroling-Recommitting-And-Supervising-Federal-Prisoners-Prisoners-Serving-Sentences-Under-The-UnitedThe U.S. Parole Commission proposes to amend a rule that implements its authority under the District of Columbia Youth Rehabilitation Act to set aside a conviction for a youth offender. The proposed rule specifies the Commission's authority to set aside a youth offender's misdemeanor conviction and describes the information the Commission examines in making such a determination, given that the misdemeanant only served a jail term for the offense without subsequent community supervision on parole or supervised release. In addition, the rule clarifies the Commission's policy for issuing a set-aside certificate for a youth offender who was formerly on supervised release and who was not reviewed for the set-aside certificate before the offender's sentence expired. The proposed rule adopts the Commission's established criteria for conducting set-aside reviews when a youth offender's parole term ends before such a review has been held.
05/07/2010RuleDEPARTMENT OF JUSTICEJustice DepartmentInmate Communication With News Media: Removal of Byline RegulationsThis document corrects the dates section of an interim final rule published on Friday, April 23, 2010. In the interim rule, the Bureau of Prisons (Bureau) revised its regulations regarding inmate contact with the community to remove two current Bureau...2010-10727FR-Doc-2010-10727Inmate-Communication-With-News-Media-Removal-Of-Byline-RegulationsThis document corrects the dates section of an interim final rule published on Friday, April 23, 2010. In the interim rule, the Bureau of Prisons (Bureau) revised its regulations regarding inmate contact with the community to remove two current Bureau regulations that prohibit inmates from publishing under a byline, due to a recent court ruling invalidating Bureau regulation language containing this prohibition. The April 23, 2010, publication inadvertently omitted an effective date.
05/06/2010RuleDEPARTMENT OF JUSTICEJustice DepartmentFBI Records Management Division National Name Check Program Section User FeesThis Final Rule sets out the Director of the FBI's authority to establish and collect fees for providing name-based background checks conducted by the National Name Check Program (NNCP) of the Records Management Division (RMD). The rule explains the...2010-10628FR-Doc-2010-10628Fbi-Records-Management-Division-National-Name-Check-Program-Section-User-FeesThis Final Rule sets out the Director of the FBI's authority to establish and collect fees for providing name-based background checks conducted by the National Name Check Program (NNCP) of the Records Management Division (RMD). The rule explains the methodology used to calculate the fees and provides that future fee adjustments will be made by notice published in the Federal Register.
04/23/2010RuleDEPARTMENT OF JUSTICEJustice DepartmentInmate Communication With News Media: Removal of Byline RegulationsIn this interim rule, the Bureau of Prisons (Bureau) revises its regulations regarding inmate contact with the community to delete two current Bureau regulations that prohibit inmates from publishing under a byline, due to a recent court ruling...2010-9373FR-Doc-2010-9373Inmate-Communication-With-News-Media-Removal-Of-Byline-RegulationsIn this interim rule, the Bureau of Prisons (Bureau) revises its regulations regarding inmate contact with the community to delete two current Bureau regulations that prohibit inmates from publishing under a byline, due to a recent court ruling invalidating Bureau regulation language containing this prohibition.
04/13/2010RuleDEPARTMENT OF JUSTICEJustice DepartmentFBI Criminal Justice Information Services Division User FeesThis Final Rule sets out the Director of the FBI's authority to establish and collect fees for providing fingerprint-based and name- based Criminal History Record Information (CHRI) checks and other identification services submitted by authorized users...2010-8385FR-Doc-2010-8385Fbi-Criminal-Justice-Information-Services-Division-User-FeesThis Final Rule sets out the Director of the FBI's authority to establish and collect fees for providing fingerprint-based and name- based Criminal History Record Information (CHRI) checks and other identification services submitted by authorized users for noncriminal justice purposes, including employment and licensing. The FBI may set such fees at a level to include an amount to establish a fund to defray expenses for the automation of fingerprint identification and criminal justice information services and associated costs. It further provides that future fee adjustments will be made by notice published in the Federal Register.
04/06/2010Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentCommunication Management UnitsIn this document, the Bureau of Prisons (Bureau) proposes to establish and describe Communication Management Units (CMUs) by regulation. CMUs are designed to provide an inmate housing unit environment that enables staff monitoring of all communication...2010-7728FR-Doc-2010-7728Communication-Management-UnitsIn this document, the Bureau of Prisons (Bureau) proposes to establish and describe Communication Management Units (CMUs) by regulation. CMUs are designed to provide an inmate housing unit environment that enables staff monitoring of all communication between CMU inmates and persons in the community. The ability to monitor such communication is necessary to ensure the safety, security, and orderly operation of correctional facilities, and protect the public. The Bureau currently operates CMUs in two of its facilities. This rule would clarify existing Bureau practices with respect to CMUs.
03/24/2010RuleDEPARTMENT OF JUSTICEJustice DepartmentRedelegation of Authority of Assistant Attorney General, Civil Division, to Branch Directors, Heads of Offices and United States Attorneys in Civil Division CasesThis final rule amends Civil Directive 14-95, published in the Appendix to Subpart Y of Part 0, which sets forth the redelegation of authority by the Assistant Attorney General of the Civil Division to branch directors, heads of offices, and United...2010-5816FR-Doc-2010-5816Redelegation-Of-Authority-Of-Assistant-Attorney-General-Civil-Division-To-Branch-Directors-Heads-OfThis final rule amends Civil Directive 14-95, published in the Appendix to Subpart Y of Part 0, which sets forth the redelegation of authority by the Assistant Attorney General of the Civil Division to branch directors, heads of offices, and United States Attorneys. On May 20, 2009, the President signed the Fraud Enforcement and Recovery Act (FERA), which authorized the Attorney General to delegate his authority to issue civil investigative demands (CIDs). As a result, the Attorney General signed Order No. 3134-2010 (Jan. 15, 2010) delegating to the Assistant Attorney General for the Civil Division the Attorney General's authority to issue CIDs, and permitting that authority to be redelegated to other Department officials, including United States Attorneys. Pursuant to FERA and the Attorney General's order, the new rule would redelegate the authority of the Assistant Attorney General for the Civil Division to issue CIDs in monitored and delegated cases to United States Attorneys, with a notice and reporting requirement. The new rule also eliminates certain differences between the authorities of branch directors and United States Attorneys to file, close, or compromise Civil Division cases, revise the documentation requirements in cases delegated to the latter, and make a few ``housekeeping'' revisions.
03/23/2010RuleDEPARTMENT OF JUSTICEJustice DepartmentCommutation of Sentence: Technical ChangeThis document makes a minor technical change to the Bureau of Prisons (Bureau) regulations on sentence commutation to clarify that the Bureau staff, who may not be institution-level staff, will recalculate the inmate's sentence in accordance with the...2010-6290FR-Doc-2010-6290Commutation-Of-Sentence-Technical-ChangeThis document makes a minor technical change to the Bureau of Prisons (Bureau) regulations on sentence commutation to clarify that the Bureau staff, who may not be institution-level staff, will recalculate the inmate's sentence in accordance with the terms of the commutation order if a petition for commutation of sentence is granted.
03/23/2010Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentInmate Access to Inmate Central File: PSRs and SORsThe Bureau of Prisons (Bureau) proposes to amend regulations regarding inmate access to Inmate Central File materials to prohibit sentenced inmates incarcerated in Bureau facilities, including those in contract facilities or community confinement, from...2010-6288FR-Doc-2010-6288Inmate-Access-To-Inmate-Central-File-Psrs-And-SorsThe Bureau of Prisons (Bureau) proposes to amend regulations regarding inmate access to Inmate Central File materials to prohibit sentenced inmates incarcerated in Bureau facilities, including those in contract facilities or community confinement, from possessing their Pre-Sentence Investigation Reports (PSRs), Statements of Reasons (SORs), or other similar sentencing documents from criminal judgments. Such inmates under this prohibition will continue to be permitted to review their PSRs and SORs.
03/10/2010Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentNational Standards To Prevent, Detect, and Respond to Prison RapeThe Department of Justice (Department) is reviewing national standards for enhancing the prevention, detection, and response to sexual abuse in confinement settings that were prepared by the National Prison Rape Elimination Commission (Commission)...2010-4907FR-Doc-2010-4907National-Standards-To-Prevent-Detect-And-Respond-To-Prison-RapeThe Department of Justice (Department) is reviewing national standards for enhancing the prevention, detection, and response to sexual abuse in confinement settings that were prepared by the National Prison Rape Elimination Commission (Commission) pursuant to the Prison Rape Elimination Act of 2003 (PREA) and recommended by the Commission to the Attorney General. The Department is issuing this Advance Notice of Proposed Rulemaking to solicit public input on the Commission's proposed national standards and to receive information useful to the Department in publishing a final rule adopting national standards for the detection, prevention, reduction, and punishment of prison rape, as mandated by PREA.
03/03/2010Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentInmate Work and Performance Pay ProgramIn this document, the Bureau of Prisons (Bureau) proposes to streamline regulations on inmate work and performance pay by removing redundant language and provisions that relate solely to staff guidance.2010-3902FR-Doc-2010-3902Inmate-Work-And-Performance-Pay-ProgramIn this document, the Bureau of Prisons (Bureau) proposes to streamline regulations on inmate work and performance pay by removing redundant language and provisions that relate solely to staff guidance.
03/03/2010RuleDEPARTMENT OF JUSTICEJustice DepartmentParoling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia CodesThe U.S. Parole Commission is promulgating final rules to implement the District of Columbia Equitable Street Time Credit Amendment Act of 2008. This Act modifies parole laws for District of Columbia offenders by allowing the Parole Commission to...2010-4270FR-Doc-2010-4270Paroling-Recommitting-And-Supervising-Federal-Prisoners-Prisoners-Serving-Sentences-Under-The-UnitedThe U.S. Parole Commission is promulgating final rules to implement the District of Columbia Equitable Street Time Credit Amendment Act of 2008. This Act modifies parole laws for District of Columbia offenders by allowing the Parole Commission to terminate the supervision and legal custody of a parolee before the expiration of the parolee's sentence. The Act also modifies the requirement that a parolee lose credit for all time spent on parole when the Commission revokes the parolee's release for violating parole conditions. With these modifications, parole laws for DC offenders are more consistent with similar parole laws governing U.S. Code parole-eligible offenders. The Commission is also making a number of conforming amendments to regulations for both DC and U.S. Code offenders.
03/01/2010RuleDEPARTMENT OF JUSTICEJustice DepartmentRecovery of Cost of Hospital and Medical Care and Treatment Furnished by the United States; Delegation of AuthorityThis rule amends Department of Justice regulations to increase the settlement and waiver authority delegated to heads of departments and agencies of the United States responsible for the furnishing of hospital, medical, surgical, or dental care. This...2010-4025FR-Doc-2010-4025Recovery-Of-Cost-Of-Hospital-And-Medical-Care-And-Treatment-Furnished-By-The-United-StatesThis rule amends Department of Justice regulations to increase the settlement and waiver authority delegated to heads of departments and agencies of the United States responsible for the furnishing of hospital, medical, surgical, or dental care. This change responds to the increase in medical costs since 1992, when the current level of delegated settlement and waiver authority was established, and will further the efficient operation of the government.
02/01/2010RuleDEPARTMENT OF JUSTICEJustice DepartmentRedelegation of Functions; Delegation of Authority to Drug Enforcement Administration OfficialUnder delegated authority, the Administrator of the Drug Enforcement Administration (DEA), Department of Justice, is amending the appendix to the Justice Department regulations to redelegate certain functions and authority which were vested in the...2010-1967FR-Doc-2010-1967Redelegation-Of-Functions-Delegation-Of-Authority-To-Drug-Enforcement-Administration-OfficialUnder delegated authority, the Administrator of the Drug Enforcement Administration (DEA), Department of Justice, is amending the appendix to the Justice Department regulations to redelegate certain functions and authority which were vested in the Attorney General by the Controlled Substances Act and subsequently delegated to the Administrator of DEA.
01/20/2010Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentIntake ScreeningIn this document, the Bureau of Prisons (Bureau) proposes to streamline intake screening regulations by removing internal agency management procedures that need not be stated in regulation.2010-878FR-Doc-2010-878Intake-ScreeningIn this document, the Bureau of Prisons (Bureau) proposes to streamline intake screening regulations by removing internal agency management procedures that need not be stated in regulation.
11/13/2009RuleDEPARTMENT OF JUSTICEJustice DepartmentParoling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia CodesThe Parole Commission is establishing an administrative remedy that responds to a Federal district court decision which finds that, for some District of Columbia prisoners, the Commission's use of parole guidelines it promulgated in 2000 may...E9-27308FR-Doc-E9-27308https://www.federalregister.gov/documents/2009/11/13/E9-27308/paroling-recommitting-and-supervising-federal-prisoners-prisoners-serving-sentences-under-the-unitedThe Parole Commission is establishing an administrative remedy that responds to a Federal district court decision which finds that, for some District of Columbia prisoners, the Commission's use of parole guidelines it promulgated in 2000 may significantly risk an increase of their punishment in violation of the Ex Post Facto Clause of the Constitution. Under the remedial plan, the Commission will schedule new parole hearings for those prisoners who meet the plan's eligibility criteria, unless the Commission grants the prisoner a parole effective date on the record. In conducting the new consideration, the Commission will apply the parole guidelines of the former District of Columbia Board of Parole that were promulgated in March 1985.
09/15/2009RuleDEPARTMENT OF JUSTICEJustice DepartmentThe Attorney General's Advisory Committee of United States AttorneysThis rule amends the Department of Justice regulation concerning the Attorney General's Advisory Committee of United States Attorneys. The amendments will provide the Attorney General greater flexibility in determining the size of the Committee, and...E9-22124FR-Doc-E9-22124https://www.federalregister.gov/documents/2009/09/15/E9-22124/the-attorney-generals-advisory-committee-of-united-states-attorneysThis rule amends the Department of Justice regulation concerning the Attorney General's Advisory Committee of United States Attorneys. The amendments will provide the Attorney General greater flexibility in determining the size of the Committee, and will provide that the Attorney General will select the Committee's leadership.
08/25/2009RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974; ImplementationThe Criminal Division (CRM), Department of Justice, issued a proposed rule to amend its Privacy Act regulations (Title 28 of the Code of Federal Regulations, Part 16), to revise the exemptions for the following newly modified Privacy Act system of...E9-20364FR-Doc-E9-20364https://www.federalregister.gov/documents/2009/08/25/E9-20364/privacy-act-of-1974-implementationThe Criminal Division (CRM), Department of Justice, issued a proposed rule to amend its Privacy Act regulations (Title 28 of the Code of Federal Regulations, Part 16), to revise the exemptions for the following newly modified Privacy Act system of records entitled ``Organized Crime Drug Enforcement Task Force Fusion Center and International Organized Crime Intelligence and Operations Center System,'' JUSTICE/CRM-028, 74 FR 26598 (June 3, 2009). The ``Organized Crime Drug Enforcement Task Force Fusion Center and International Organized Crime Intelligence and Operations Center System,'' JUSTICE/ CRM-028, is exempt from the subsections of the Privacy Act listed below for the reasons set forth in the following text. Information in this system of records relates to matters of law enforcement, and the exemptions are necessary to avoid interference with law enforcement responsibilities and to protect the privacy of third parties.
08/14/2009Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentProcedures Governing Administrative Review of a United States Trustee's Decision To Deny a Chapter 12 or Chapter 13 Standing Trustee's Claim of Actual, Necessary ExpensesThis notice of proposed rulemaking (``rule'') sets forth the procedures for a chapter 12 or chapter 13 standing trustee (``trustee'') to obtain administrative review of a United States Trustee's decision to deny a trustee's claim that certain expenses...E9-19456FR-Doc-E9-19456https://www.federalregister.gov/documents/2009/08/14/E9-19456/procedures-governing-administrative-review-of-a-united-states-trustees-decision-to-deny-a-chapter-12This notice of proposed rulemaking (``rule'') sets forth the procedures for a chapter 12 or chapter 13 standing trustee (``trustee'') to obtain administrative review of a United States Trustee's decision to deny a trustee's claim that certain expenses are actual and necessary for the administration of bankruptcy cases. Section 1231(b) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (``BAPCPA''), codified at 28 U.S.C. 586(e), requires that: Trustees exhaust all administrative remedies pertaining to a denial of a claim of actual, necessary expenses before seeking judicial review; and the Attorney General prescribe procedures for administrative review of such denials. This rule ensures that the process for administratively reviewing a United States Trustee's denial of a trustee's request for expenses is fair and effective.
07/20/2009RuleDEPARTMENT OF JUSTICEJustice DepartmentOffice of the Attorney General; Administration of Debt Collection; Salary and Administrative Offset; Treasury Offset ProgramThis rule amends the regulations that govern administrative debt collection at the Department of Justice to bring the regulations into conformity with government-wide standards on salary offset procedures, to update or delete obsolete references and to...E9-17036FR-Doc-E9-17036https://www.federalregister.gov/documents/2009/07/20/E9-17036/office-of-the-attorney-general-administration-of-debt-collection-salary-and-administrative-offsetThis rule amends the regulations that govern administrative debt collection at the Department of Justice to bring the regulations into conformity with government-wide standards on salary offset procedures, to update or delete obsolete references and to make other clarifying or technical changes.
07/17/2009RuleDEPARTMENT OF JUSTICEJustice DepartmentParoling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia CodesThe Parole Commission is implementing, as an interim rule, an administrative remedy for those parole-eligible District of Columbia prisoners who contend that the Commission's use of the parole guidelines at 28 CFR 2.80(b) through (m) have significantly...E9-16969FR-Doc-E9-16969https://www.federalregister.gov/documents/2009/07/17/E9-16969/paroling-recommitting-and-supervising-federal-prisoners-prisoners-serving-sentences-under-the-unitedThe Parole Commission is implementing, as an interim rule, an administrative remedy for those parole-eligible District of Columbia prisoners who contend that the Commission's use of the parole guidelines at 28 CFR 2.80(b) through (m) have significantly increased the risk of their punishment in violation of the Ex Post Facto Clause of the Constitution. Under the remedial plan, the Commission will schedule new parole hearings for those prisoners who meet the plan's eligibility criteria, unless the Commission grants the applicant a parole effective date after a pre-hearing assessment on the record. In conducting the new consideration, the Commission will apply the parole guidelines of the former District of Columbia Board of Parole that were promulgated in March 1985 and published in May 1987. The Commission is amending Sec. 2.80 by replacing paragraph (o), which describes a procedure no longer employed by the Commission, with the remedial plan.
06/24/2009RuleDEPARTMENT OF JUSTICEJustice DepartmentParoling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia Codes; CorrectionOn June 17, 2009, the U.S. Parole Commission published an interim rule with request for comments. The effective date for the rule was inadvertently omitted from the document. This correction establishes June 17, 2009, as the effective date of the...E9-14977FR-Doc-E9-14977https://www.federalregister.gov/documents/2009/06/24/E9-14977/paroling-recommitting-and-supervising-federal-prisoners-prisoners-serving-sentences-under-the-unitedOn June 17, 2009, the U.S. Parole Commission published an interim rule with request for comments. The effective date for the rule was inadvertently omitted from the document. This correction establishes June 17, 2009, as the effective date of the interim rule. Comments continue to be accepted until August 31, 2009. The Parole Commission also is taking this opportunity to make some technical corrections to the rule.
06/19/2009RuleDEPARTMENT OF JUSTICEJustice DepartmentOrganization; Office of Information PolicyThis rule updates the regulation that describes the structure, functions, and responsibilities of the Office of Information Policy of the Department of Justice. The rule updates the description of the Office to reflect certain changes to its structure...E9-14413FR-Doc-E9-14413https://www.federalregister.gov/documents/2009/06/19/E9-14413/organization-office-of-information-policyThis rule updates the regulation that describes the structure, functions, and responsibilities of the Office of Information Policy of the Department of Justice. The rule updates the description of the Office to reflect certain changes to its structure and organizational location.
06/17/2009RuleDEPARTMENT OF JUSTICEJustice DepartmentParoling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia CodesThe U.S. Parole Commission is promulgating interim rules to implement the District of Columbia Equitable Street Time Credit Amendment Act of 2008. This Act modifies parole laws for District of Columbia offenders by allowing the Parole Commission to...E9-14157FR-Doc-E9-14157https://www.federalregister.gov/documents/2009/06/17/E9-14157/paroling-recommitting-and-supervising-federal-prisoners-prisoners-serving-sentences-under-the-unitedThe U.S. Parole Commission is promulgating interim rules to implement the District of Columbia Equitable Street Time Credit Amendment Act of 2008. This Act modifies parole laws for District of Columbia offenders by allowing the Parole Commission to terminate the supervision and legal custody of a parolee before the expiration of the parolee's sentence. The Act also modifies the requirement that the parolee lose credit for all time spent on parole when the Commission revokes a parolee's release for violating parole conditions. With these modifications, parole laws for DC offenders are more consistent with similar parole laws governing U.S. Code parole eligible offenders. The Commission is also making a number of conforming amendments to regulations that refer to the functions that are the subject of the new DC law, and editing regulations on the same subjects for U.S. Code parolees to make the regulations simpler and more understandable.
06/03/2009Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974; ImplementationThe Criminal Division (CRM), Department of Justice, proposes to amend its Privacy Act regulations for a newly modified Privacy Act system of records entitled ``Organized Crime Drug Enforcement Task Force Fusion Center and International Organized Crime...E9-12859FR-Doc-E9-12859https://www.federalregister.gov/documents/2009/06/03/E9-12859/privacy-act-of-1974-implementationThe Criminal Division (CRM), Department of Justice, proposes to amend its Privacy Act regulations for a newly modified Privacy Act system of records entitled ``Organized Crime Drug Enforcement Task Force Fusion Center and International Organized Crime Intelligence and Operations Center System,'' JUSTICE/CRM-028, as described in today's notice section of the Federal Register. The ``Organized Crime Drug Enforcement Task Force Fusion Center and International Organized Crime Intelligence and Operations Center System,'' JUSTICE/CRM-028, will be exempt from the subsections of the Privacy Act listed below for the reasons set forth in the following text. Information in this system of records relates to matters of law enforcement, and the exemptions are necessary to avoid interference with law enforcement responsibilities and to protect the privacy of third parties.
02/05/2009Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentCertification Process for State Capital Counsel SystemsPursuant to the USA PATRIOT Improvement and Reauthorization Act of 2005, the Department of Justice promulgated a final rule to implement certification procedures for states seeking to qualify for the expedited federal habeas corpus review procedures in...E9-2493FR-Doc-E9-2493https://www.federalregister.gov/documents/2009/02/05/E9-2493/certification-process-for-state-capital-counsel-systemsPursuant to the USA PATRIOT Improvement and Reauthorization Act of 2005, the Department of Justice promulgated a final rule to implement certification procedures for states seeking to qualify for the expedited federal habeas corpus review procedures in capital cases under chapter 154 of title 28 of the United States Code. Certification Process for State Capital Counsel Systems, 73 FR 75327 (Dec. 11, 2008). The procedural benefits of chapter 154 are available to states that establish mechanisms for providing counsel to indigent capital defendants in state postconviction proceedings that satisfy certain statutory requirements. The Department hereby requests public comment on issues related to the final rule.
01/30/2009RuleDEPARTMENT OF JUSTICEJustice DepartmentNational Motor Vehicle Title Information System (NMVTIS)The National Motor Vehicle Title Information System (NMVTIS) has been established pursuant to 49 U.S.C. 30502 and has the participation, or partial participation, of at least 36 states. The purpose of NMVTIS is to assist in efforts to prevent the...E9-1835FR-Doc-E9-1835https://www.federalregister.gov/documents/2009/01/30/E9-1835/national-motor-vehicle-title-information-system-nmvtisThe National Motor Vehicle Title Information System (NMVTIS) has been established pursuant to 49 U.S.C. 30502 and has the participation, or partial participation, of at least 36 states. The purpose of NMVTIS is to assist in efforts to prevent the introduction or reintroduction of stolen motor vehicles into interstate commerce, protect states and individual and commercial consumers from fraud, reduce the use of stolen vehicles for illicit purposes including fundraising for criminal enterprises, and provide consumer protection from unsafe vehicles. This rule implements the NMVTIS reporting requirements imposed on junk yards, salvage yards, and insurance carriers pursuant to 49 U.S.C. 30504(c). This rule also clarifies the process by which NMVTIS will be funded and clarifies the various responsibilities of the operator of NMVTIS, states, junk yards, salvage yards, and insurance carriers regarding NMVTIS.
01/16/2009Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentReligious Beliefs and Practices: Chapel Library MaterialsThe Bureau of Prisons (Bureau) amends its regulations on religious beliefs and practices to add a new regulation regarding chapel library materials. The regulations are necessary to notify inmates that certain materials that could incite, promote, or...E9-550FR-Doc-E9-550https://www.federalregister.gov/documents/2009/01/16/E9-550/religious-beliefs-and-practices-chapel-library-materialsThe Bureau of Prisons (Bureau) amends its regulations on religious beliefs and practices to add a new regulation regarding chapel library materials. The regulations are necessary to notify inmates that certain materials that could incite, promote, or otherwise suggest the commission of violence or criminal activity may be excluded from chapel libraries. This change is also being made in connection with passage of the Second Chance Act.
01/14/2009RuleDEPARTMENT OF JUSTICEJustice DepartmentDrug Abuse Treatment Program: Subpart Revision and Clarification and Eligibility of D.C. Code Felony Offenders for Early Release ConsiderationIn this document, the Bureau of Prisons (Bureau) finalizes three proposed rules on the drug abuse treatment program. Finalizing all three proposed rules together results in a more uniform and comprehensive revision of our drug abuse treatment program...E9-593FR-Doc-E9-593https://www.federalregister.gov/documents/2009/01/14/E9-593/drug-abuse-treatment-program-subpart-revision-and-clarification-and-eligibility-of-dc-code-felonyIn this document, the Bureau of Prisons (Bureau) finalizes three proposed rules on the drug abuse treatment program. Finalizing all three proposed rules together results in a more uniform and comprehensive revision of our drug abuse treatment program (DATP) regulations. Specifically, this amendment will streamline and clarify these regulations, eliminating unnecessary text and obsolete language, and removing internal agency procedures that need not be in rules text. This rule clarifies the distinction between mandatory and voluntary participation in the drug abuse education course, removes eligibility limitations pertaining to cognitive impairments and learning disabilities, and addresses the effects of non-participation both in the drug abuse education course and in the residential drug abuse treatment program (RDAP). In this rule, we also add escape and attempted escape to the list of reasons an inmate may be expelled from the RDAP. Furthermore, in our regulation on considering inmates for early release, we remove obsolete language, add as ineligible for early release inmates with a prior felony or misdemeanor conviction for arson or kidnapping, and clarify that inmates cannot earn early release twice.
12/18/2008RuleDEPARTMENT OF JUSTICEJustice DepartmentRevised Regulations for Records Relating to Visual Depictions of Sexually Explicit Conduct; Inspection of Records Relating to Depiction of Simulated Sexually Explicit PerformanceThis rule finalizes two proposed rules and amends the record- keeping, labeling, and inspection requirements to account for changes in the underlying statute made by Congress in enacting the Adam Walsh Child Protection and Safety Act of 2006.E8-29677FR-Doc-E8-29677https://www.federalregister.gov/documents/2008/12/18/E8-29677/revised-regulations-for-records-relating-to-visual-depictions-of-sexually-explicit-conductThis rule finalizes two proposed rules and amends the record- keeping, labeling, and inspection requirements to account for changes in the underlying statute made by Congress in enacting the Adam Walsh Child Protection and Safety Act of 2006.
12/17/2008RuleDEPARTMENT OF JUSTICEJustice DepartmentPublic Safety Officers' Benefits ProgramThe Office of Justice Programs (OJP) of the U.S. Department of Justice published the proposed rule for the Public Safety Officers' Benefits (PSOB) Program on July 10, 2008, 73 FR 39632. During the comment period, OJP received comments on its proposed...E8-29703FR-Doc-E8-29703https://www.federalregister.gov/documents/2008/12/17/E8-29703/public-safety-officers-benefits-programThe Office of Justice Programs (OJP) of the U.S. Department of Justice published the proposed rule for the Public Safety Officers' Benefits (PSOB) Program on July 10, 2008, 73 FR 39632. During the comment period, OJP received comments on its proposed rule from numerous parties. After further review of the proposed rule and careful consideration and analysis of all comments, OJP has made amendments that are incorporated into this final rule, which is intended (insofar as consistent with law) to be effective and applicable to all claims from and after the effective date hereof, whether pending (in any stage) as of that date or subsequently filed.
12/11/2008RuleDEPARTMENT OF JUSTICEJustice DepartmentOffice of the Attorney General; Certification Process for State Capital Counsel SystemsThe USA PATRIOT Improvement and Reauthorization Act of 2005 instructs the Attorney General to promulgate regulations to implement certification procedures for states seeking to qualify for the expedited federal habeas corpus review procedures in...E8-29328FR-Doc-E8-29328https://www.federalregister.gov/documents/2008/12/11/E8-29328/office-of-the-attorney-general-certification-process-for-state-capital-counsel-systemsThe USA PATRIOT Improvement and Reauthorization Act of 2005 instructs the Attorney General to promulgate regulations to implement certification procedures for states seeking to qualify for the expedited federal habeas corpus review procedures in capital cases under chapter 154 of title 28, United States Code. The procedural benefits of chapter 154 are available to states that establish a mechanism for providing counsel to indigent capital defendants in state postconviction proceedings that satisfies certain statutory requirements. This rule carries out the Act's requirement of issuing regulations for the certification procedure.
12/10/2008RuleDEPARTMENT OF JUSTICEJustice DepartmentDNA-Sample Collection and Biological Evidence Preservation in the Federal JurisdictionThe Department of Justice by this publication is amending regulations relating to DNA-sample collection in the federal jurisdiction. This rule generally directs federal agencies to collect DNA samples from individuals who are arrested, facing charges,...E8-29248FR-Doc-E8-29248https://www.federalregister.gov/documents/2008/12/10/E8-29248/dna-sample-collection-and-biological-evidence-preservation-in-the-federal-jurisdictionThe Department of Justice by this publication is amending regulations relating to DNA-sample collection in the federal jurisdiction. This rule generally directs federal agencies to collect DNA samples from individuals who are arrested, facing charges, or convicted, and from non-United States persons who are detained under the authority of the United States, subject to certain limitations and exceptions. By this rule, the Department is also finalizing, without change, two related interim rules concerning the scope of qualifying federal offenses for purposes of DNA-sample collection and a requirement to preserve biological evidence in federal criminal cases in which defendants are under sentences of imprisonment.
12/02/2008RuleDEPARTMENT OF JUSTICEJustice DepartmentAmendments to the Justice Department Regulations Regarding Countries Whose Agents Do Not Qualify for the Legal Commercial Transaction Exemption Provided in 18 U.S.C. 951(d)(4)This rule makes two amendments to the Department of Justice regulations regarding countries whose agents do not qualify for the legal commercial transaction exemption provided in 18 U.S.C. 951(d)(4).E8-28620FR-Doc-E8-28620https://www.federalregister.gov/documents/2008/12/02/E8-28620/amendments-to-the-justice-department-regulations-regarding-countries-whose-agents-do-not-qualify-forThis rule makes two amendments to the Department of Justice regulations regarding countries whose agents do not qualify for the legal commercial transaction exemption provided in 18 U.S.C. 951(d)(4).
11/20/2008RuleDEPARTMENT OF JUSTICEJustice DepartmentAdministrative Claims Under the Federal Tort Claims Act; Delegation of AuthorityThis Directive delegates authority to the Secretary of Defense to settle administrative tort claims presented pursuant to the Federal Tort Claims Act where the amount of the settlement does not exceed $300,000. This Directive implements the...E8-27517FR-Doc-E8-27517https://www.federalregister.gov/documents/2008/11/20/E8-27517/administrative-claims-under-the-federal-tort-claims-act-delegation-of-authorityThis Directive delegates authority to the Secretary of Defense to settle administrative tort claims presented pursuant to the Federal Tort Claims Act where the amount of the settlement does not exceed $300,000. This Directive implements the Administrative Dispute Resolution Act. This Directive will alert the general public to the new authority and is being published in the Code of Federal Regulations to provide a permanent record of this delegation.
11/20/2008RuleDEPARTMENT OF JUSTICEJustice DepartmentAdministrative Claims Under the Federal Tort Claims Act; Delegation of AuthorityThis Directive delegates authority to the Postmaster General to settle administrative tort claims presented pursuant to the Federal Tort Claims Act where the amount of the settlement does not exceed $300,000. This Directive implements the...E8-27518FR-Doc-E8-27518https://www.federalregister.gov/documents/2008/11/20/E8-27518/administrative-claims-under-the-federal-tort-claims-act-delegation-of-authorityThis Directive delegates authority to the Postmaster General to settle administrative tort claims presented pursuant to the Federal Tort Claims Act where the amount of the settlement does not exceed $300,000. This Directive implements the Administrative Dispute Resolution Act. This Directive will alert the general public to the new authority and is being published in the Code of Federal Regulations to provide a permanent record of this delegation.
11/20/2008RuleDEPARTMENT OF JUSTICEJustice DepartmentCivil Commitment of a Sexually Dangerous PersonIn this document, the Bureau of Prisons (Bureau) finalizes its proposed rule providing definitions and standards relating to the certification of persons as sexually dangerous for the purpose of civil commitment, as authorized by the Adam Walsh Child...E8-27723FR-Doc-E8-27723https://www.federalregister.gov/documents/2008/11/20/E8-27723/civil-commitment-of-a-sexually-dangerous-personIn this document, the Bureau of Prisons (Bureau) finalizes its proposed rule providing definitions and standards relating to the certification of persons as sexually dangerous for the purpose of civil commitment, as authorized by the Adam Walsh Child Protection and Safety Act of 2006 (Pub. L. 109-248) (Walsh Act), enacted July 27, 2006, which amended title 18 of the United States Code, Chapter 313.
11/20/2008RuleDEPARTMENT OF JUSTICEJustice DepartmentAdministrative Claims Under the Federal Tort Claims Act; Delegation of AuthorityThis Directive delegates authority to the Secretary of Veterans Affairs to settle administrative tort claims presented pursuant to the Federal Tort Claims Act where the amount of the settlement does not exceed $300,000. This Directive implements the...E8-27514FR-Doc-E8-27514https://www.federalregister.gov/documents/2008/11/20/E8-27514/administrative-claims-under-the-federal-tort-claims-act-delegation-of-authorityThis Directive delegates authority to the Secretary of Veterans Affairs to settle administrative tort claims presented pursuant to the Federal Tort Claims Act where the amount of the settlement does not exceed $300,000. This Directive implements the Administrative Dispute Resolution Act. This Directive will alert the general public to the new authority and is being published in the Code of Federal Regulations to provide a permanent record of this delegation.
11/19/2008RuleDEPARTMENT OF JUSTICEJustice DepartmentRevision to United States Marshals Service Fees for ServicesThis rule revises the United States Marshals Service fees to reflect current costs to the United States Marshals Service for personal service and execution of process in federal court proceedings. A proposed rule with request for comment was published...E8-27465FR-Doc-E8-27465https://www.federalregister.gov/documents/2008/11/19/E8-27465/revision-to-united-states-marshals-service-fees-for-servicesThis rule revises the United States Marshals Service fees to reflect current costs to the United States Marshals Service for personal service and execution of process in federal court proceedings. A proposed rule with request for comment was published in the Federal Register on June 16, 2008, at 73 FR 33955. No comments were received within the 60-day comment period. Accordingly, the proposed rule is finalized without change.
11/14/2008Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentApplication Procedures and Criteria for Approval of Providers of a Personal Financial Management Instructional Course by United States TrusteesThis notice of proposed rulemaking (``rule'') sets forth proposed procedures and criteria United States Trustees shall use when determining whether applicants seeking to become and remain an approved provider of a personal financial management...E8-26550FR-Doc-E8-26550https://www.federalregister.gov/documents/2008/11/14/E8-26550/application-procedures-and-criteria-for-approval-of-providers-of-a-personal-financial-managementThis notice of proposed rulemaking (``rule'') sets forth proposed procedures and criteria United States Trustees shall use when determining whether applicants seeking to become and remain an approved provider of a personal financial management instructional course satisfy all prerequisites of the United States Code, as implemented under this rule. Under the current law, individual debtors must participate in an instructional course concerning personal financial management before receiving a discharge of debts. The current law enumerates mandatory prerequisites and minimum standards applicants seeking to become approved providers of a personal financial management instructional course must meet. Under this rule, United States Trustees will approve applicants for inclusion on publicly available provider lists in one or more federal judicial districts if an applicant establishes it meets all the requirements of the United States Code, as implemented under this rule. After obtaining such an approval, a provider shall be authorized to provide an instructional course in a federal judicial district during the time the provider remains approved.
10/21/2008RuleDEPARTMENT OF JUSTICEJustice DepartmentPre-Release Community ConfinementIn this document, the Bureau of Prisons (Bureau) revises current regulations on pre-release community confinement to conform with the requirements of the Second Chance Act of 2007, approved April 9th, 2008 (Pub. L. 110-199; 122 Stat. 657) (``Second...E8-24928FR-Doc-E8-24928https://www.federalregister.gov/documents/2008/10/21/E8-24928/pre-release-community-confinementIn this document, the Bureau of Prisons (Bureau) revises current regulations on pre-release community confinement to conform with the requirements of the Second Chance Act of 2007, approved April 9th, 2008 (Pub. L. 110-199; 122 Stat. 657) (``Second Chance Act'').
10/07/2008RuleDEPARTMENT OF JUSTICEJustice DepartmentProcedures for Completing Uniform Forms of Trustee Final Reports in Cases Filed Under Chapters 7, 12, and 13 of the Bankruptcy CodeThe Department of Justice, through its component, EOUST, is issuing this final rule (rule) pursuant to Section 602 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA).\\1\\ The BAPCPA requires the Department to issue rules...E8-23700FR-Doc-E8-23700https://www.federalregister.gov/documents/2008/10/07/E8-23700/procedures-for-completing-uniform-forms-of-trustee-final-reports-in-cases-filed-under-chapters-7-12The Department of Justice, through its component, EOUST, is issuing this final rule (rule) pursuant to Section 602 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA).\\1\\ The BAPCPA requires the Department to issue rules requiring uniform forms for final reports (Uniform Forms) by trustees in cases under chapters 7, 12, and 13 of title 11. The BAPCPA requires the rule to strike the best achievable practical balance between (1) the reasonable needs of the public for information about the operational results of the Federal bankruptcy system, (2) economy, simplicity, and lack of undue burden on persons with a duty to file these reports, and (3) appropriate privacy concerns and safeguards. ---------------------------------------------------------------------------
09/26/2008Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentFBI Records Management Division National Name Check Program Section User FeesThe FBI is authorized to establish and collect fees for providing fingerprint-based and name-based criminal history record information (CHRI) checks and other identification services submitted by authorized users for non-criminal justice purposes...E8-22710FR-Doc-E8-22710https://www.federalregister.gov/documents/2008/09/26/E8-22710/fbi-records-management-division-national-name-check-program-section-user-feesThe FBI is authorized to establish and collect fees for providing fingerprint-based and name-based criminal history record information (CHRI) checks and other identification services submitted by authorized users for non-criminal justice purposes including employment and licensing. The fees may include an amount to establish a fund to defray expenses for the automation of criminal justice information services and associated costs. The proposed rule concerns the name-based checks conducted by the Records Management Division (RMD) in the National Name Check Program (NNCP). The rule explains the methodology used to calculate the revised fees and provides a proposed fee schedule. After public comment, a final rule and notice of the final fee schedule will be published in the Federal Register.
09/24/2008RuleDEPARTMENT OF JUSTICEJustice DepartmentAuthority To Compromise Civil Claims Under the Comprehensive Environmental Response, Compensation and Liability Act and To Make an Administrative Change to the Code of Federal RegulationsThis rule amends our regulations to reflect the name of the Environment and Natural Resources Division, which was formerly known as the Land and Natural Resources Division. The Department of Justice officially changed the name of the Division in the...E8-22354FR-Doc-E8-22354https://www.federalregister.gov/documents/2008/09/24/E8-22354/authority-to-compromise-civil-claims-under-the-comprehensive-environmental-response-compensation-andThis rule amends our regulations to reflect the name of the Environment and Natural Resources Division, which was formerly known as the Land and Natural Resources Division. The Department of Justice officially changed the name of the Division in the early 1990s, but all of the pertinent parts of part 0 were not amended accordingly. This order further amends our regulations to authorize the Assistant Attorney General for the Environment and Natural Resources Division to approve certain settlements under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).
09/22/2008Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentNational Motor Vehicle Title Information System (NMVTIS)The National Motor Vehicle Title Information System (NMVTIS) has been established pursuant to 49 U.S.C. 30502 and is in operation, or partial operation, in at least 25 states. NMVTIS is intended to provide authorized recipients with instant and...E8-22070FR-Doc-E8-22070https://www.federalregister.gov/documents/2008/09/22/E8-22070/national-motor-vehicle-title-information-system-nmvtisThe National Motor Vehicle Title Information System (NMVTIS) has been established pursuant to 49 U.S.C. 30502 and is in operation, or partial operation, in at least 25 states. NMVTIS is intended to provide authorized recipients with instant and reliable access to motor vehicle titling information maintained by the states. The goal of NMVTIS is to assist in efforts to prevent the introduction or reintroduction of stolen motor vehicles into interstate commerce. NMVTIS helps state titling agencies by verifying motor vehicle and title information, information on brands applied to motor vehicles, and information regarding whether motor vehicles have been reported stolen. This rule implements the NMVTIS reporting requirements imposed on junk yards, salvage yards, and insurance carriers pursuant to 49 U.S.C. 30504(c). This rule also clarifies the process by which NMVTIS will be funded and clarifies the various responsibilities of the operator of NMVTIS, states, junk yards, salvage yards, and insurance carriers regarding NMVTIS.
08/19/2008RuleDEPARTMENT OF JUSTICEJustice DepartmentAdministrative Claims Under the Federal Tort Claims Act; Delegation of AuthorityOn June 17, 2003, the Assistant Attorney General in charge of the Civil Division delegated to the Secretary of Homeland Security the authority to settle administrative tort claims presented pursuant to the Federal Tort Claims Act where the amount of...E8-19045FR-Doc-E8-19045https://www.federalregister.gov/documents/2008/08/19/E8-19045/administrative-claims-under-the-federal-tort-claims-act-delegation-of-authorityOn June 17, 2003, the Assistant Attorney General in charge of the Civil Division delegated to the Secretary of Homeland Security the authority to settle administrative tort claims presented pursuant to the Federal Tort Claims Act where the amount of the settlement does not exceed $50,000. By including this delegation of authority in the Code of Federal Regulations, the Civil Division is alerting the general public to the delegation. This rule also implements the Administrative Dispute Resolution Act.
07/31/2008Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentCriminal Intelligence Systems Operating PoliciesThe Office of Justice Programs is publishing this proposed rule to amend its regulations that govern the operating policies of criminal intelligence systems that receive federal funding under the Omnibus Crime Control and Safe Streets Act of 1968, as...E8-17519FR-Doc-E8-17519https://www.federalregister.gov/documents/2008/07/31/E8-17519/criminal-intelligence-systems-operating-policiesThe Office of Justice Programs is publishing this proposed rule to amend its regulations that govern the operating policies of criminal intelligence systems that receive federal funding under the Omnibus Crime Control and Safe Streets Act of 1968, as amended (``Crime Control Act''). The regulations were issued pursuant to 42 U.S.C. 3789(g), which requires that ``criminal intelligence systems'' receiving Crime Control Act support must collect, maintain, and disseminate criminal intelligence information ``in conformance with policy standards which are prescribed by the Office of Justice Programs.'' The statute specifies that the policy standards must be written to assure that the funding and operation of the systems further the purpose of the funding provisions and assure that such systems ``are not utilized in violation of the privacy and constitutional rights of individuals.'' The existing regulations were last revised in 1993 and the purpose of the revisions proposed in this document is to clarify and update the regulations in light of the new, post-9/11 information sharing environment and investigative policies aimed at preventing terrorism.
07/15/2008RuleDEPARTMENT OF JUSTICEJustice DepartmentRedelegation of FunctionsThis rule makes one revision to the Drug Enforcement Administration's (DEA) regulations concerning agency management. Additional personnel are authorized to sign and issue administrative subpoenas.E8-16012FR-Doc-E8-16012https://www.federalregister.gov/documents/2008/07/15/E8-16012/redelegation-of-functionsThis rule makes one revision to the Drug Enforcement Administration's (DEA) regulations concerning agency management. Additional personnel are authorized to sign and issue administrative subpoenas.
07/11/2008RuleDEPARTMENT OF JUSTICEJustice DepartmentIntensive Confinement Center ProgramThe Bureau of Prisons (Bureau) removes current rules on the intensive confinement center program (ICC). The ICC is a specialized program for non-violent offenders combining features of a military boot camp with traditional Bureau correctional values....E8-15784FR-Doc-E8-15784https://www.federalregister.gov/documents/2008/07/11/E8-15784/intensive-confinement-center-programThe Bureau of Prisons (Bureau) removes current rules on the intensive confinement center program (ICC). The ICC is a specialized program for non-violent offenders combining features of a military boot camp with traditional Bureau correctional values. The Bureau will no longer be offering the ICC program (also known as Shock Incarceration or Boot Camp) to inmates as a program option. This decision was made as part of an overall strategy to eliminate programs that do not reduce recidivism.
07/11/2008RuleDEPARTMENT OF JUSTICEJustice DepartmentInmate Work and Performance Pay Program: Reduction in Pay for Drug- and Alcohol-Related Disciplinary OffensesIn this document, the Bureau of Prisons (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...E8-15855FR-Doc-E8-15855https://www.federalregister.gov/documents/2008/07/11/E8-15855/inmate-work-and-performance-pay-program-reduction-in-pay-for-drug--and-alcohol-related-disciplinaryIn this document, the Bureau of Prisons (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.
07/10/2008Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentPublic Safety Officers' Benefits ProgramThe Office of Justice Programs of the U.S. Department of Justice proposes this rule to amend the regulation that implements the Public Safety Officers' Benefits Act and associated or related statutes. Generally speaking, these laws provide financial...E8-15730FR-Doc-E8-15730https://www.federalregister.gov/documents/2008/07/10/E8-15730/public-safety-officers-benefits-programThe Office of Justice Programs of the U.S. Department of Justice proposes this rule to amend the regulation that implements the Public Safety Officers' Benefits Act and associated or related statutes. Generally speaking, these laws provide financial support to certain public safety officers, or their survivors and families, when such officers die, or become permanently and totally disabled, as a result of line-of-duty injuries, or when they die of heart attacks or strokes sustained within statutorily-specified timeframes of engaging or participating in certain line-of-duty activity. The proposed rule would amend the implementing regulation to reflect internal agency policy and practice, recent statutory enactments and court decisions, and to make certain technical changes, in order to keep the regulations comprehensive and current.
06/30/2008Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentNondiscrimination on the Basis of Disability in State and Local Government Services; CorrectionThis document contains corrections to the proposed rule, published Tuesday, June 17, 2008, at 73 FR 34466, implementing the Americans with Disabilities Act. The proposed rule would revise Department of Justice regulations on nondiscrimination on the...E8-14388FR-Doc-E8-14388https://www.federalregister.gov/documents/2008/06/30/E8-14388/nondiscrimination-on-the-basis-of-disability-in-state-and-local-government-services-correctionThis document contains corrections to the proposed rule, published Tuesday, June 17, 2008, at 73 FR 34466, implementing the Americans with Disabilities Act. The proposed rule would revise Department of Justice regulations on nondiscrimination on the basis of disability in state and local government services. The correction consists of the addition of two appendices that were inadvertently omitted.
06/30/2008Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentNondiscrimination on the Basis of Disability in State and Local Government Services and Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities; HearingOn June 17, 2008, the Department of Justice (Department) published two Notices of Proposed Rulemaking in the Federal Register to amend regulations issued under Titles II and III of the Americans with Disabilities Act (ADA). Nondiscrimination on the...E8-14306FR-Doc-E8-14306https://www.federalregister.gov/documents/2008/06/30/E8-14306/nondiscrimination-on-the-basis-of-disability-in-state-and-local-government-services-andOn June 17, 2008, the Department of Justice (Department) published two Notices of Proposed Rulemaking in the Federal Register to amend regulations issued under Titles II and III of the Americans with Disabilities Act (ADA). Nondiscrimination on the Basis of Disability in State and Local Government Services, 73 FR 34466; Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities, 73 FR 34508. In this issue of the Federal Register, the Department published corrections for the proposed rules that included two appendices inadvertently omitted from the June 17, 2008, publication. In order to provide an opportunity for interested persons to express their views directly to Department officials, the Department will hold a public hearing in Washington, DC, on the proposed regulatory amendments.
06/30/2008Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentNondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities; CorrectionThis document contains corrections to the proposed rule, published Tuesday, June 17, 2008, at 73 FR 34508, implementing the Americans with Disabilities Act. The proposed rule would revise Department of Justice regulations on nondiscrimination on the...E8-14395FR-Doc-E8-14395https://www.federalregister.gov/documents/2008/06/30/E8-14395/nondiscrimination-on-the-basis-of-disability-by-public-accommodations-and-in-commercial-facilitiesThis document contains corrections to the proposed rule, published Tuesday, June 17, 2008, at 73 FR 34508, implementing the Americans with Disabilities Act. The proposed rule would revise Department of Justice regulations on nondiscrimination on the basis of disability by public accommodations and in commercial facilities. The correction consists of the addition of two appendices that were inadvertently omitted.
06/25/2008Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentUse of Non-Lethal Force: DelegationIn this document, the Bureau of Prisons (Bureau) proposes to amend its regulation on the use of chemical agents and non-lethal force to clarify that the authority of the Warden to authorize the use of chemical agents or non-lethal weapons may not be...E8-14363FR-Doc-E8-14363https://www.federalregister.gov/documents/2008/06/25/E8-14363/use-of-non-lethal-force-delegationIn this document, the Bureau of Prisons (Bureau) proposes to amend its regulation on the use of chemical agents and non-lethal force to clarify that the authority of the Warden to authorize the use of chemical agents or non-lethal weapons may not be delegated below the position of Lieutenant.
06/19/2008Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentFBI Criminal Justice Information Services Division User FeesThe FBI is authorized to establish and collect fees for providing fingerprint-based and name-based Criminal History Record Information (CHRI) checks and other identification services submitted by authorized users for noncriminal justice purposes...E8-13819FR-Doc-E8-13819https://www.federalregister.gov/documents/2008/06/19/E8-13819/fbi-criminal-justice-information-services-division-user-feesThe FBI is authorized to establish and collect fees for providing fingerprint-based and name-based Criminal History Record Information (CHRI) checks and other identification services submitted by authorized users for noncriminal justice purposes including employment and licensing. The FBI may set such fees at a level to include an amount to establish a fund to defray expenses for the automation of fingerprint identification and criminal justice information services and associated costs. The proposed rule explains the methodology used to calculate the revised fees, provides the proposed fee schedule, and advises that future fee adjustments will be made by notice published in the Federal Register. After public comment, a final rule and notice of the final fee schedule will be published concurrently in the Federal Register.
06/17/2008Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentNondiscrimination on the Basis of Disability in State and Local Government ServicesThe Department of Justice (Department) is issuing this notice of proposed rulemaking (NPRM) in order to: Adopt enforceable accessibility standards under the Americans with Disabilities Act of 1990 (ADA) that are ``consistent with the minimum guidelines...E8-12622FR-Doc-E8-12622https://www.federalregister.gov/documents/2008/06/17/E8-12622/nondiscrimination-on-the-basis-of-disability-in-state-and-local-government-servicesThe Department of Justice (Department) is issuing this notice of proposed rulemaking (NPRM) in order to: Adopt enforceable accessibility standards under the Americans with Disabilities Act of 1990 (ADA) that are ``consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board'' (Access Board); and perform periodic reviews of any rule judged to have a significant economic impact on a substantial number of small entities, and a regulatory assessment of the costs and benefits of any significant regulatory action as required by the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). In this NPRM, the Department proposes to adopt Parts I and III of the Americans with Disabilities Act and Architectural Barriers Act Accessibility Guidelines (2004 ADAAG), which were published by the Access Board on July 23, 2004. Prior to its adoption by the Department, the 2004 ADAAG is effective only as guidance to the Department; it has no legal effect on the public until the Department issues a final rule adopting the revised ADA Standards (proposed standards). Concurrently with the publication of this NPRM, the Department is publishing an NPRM to amend its title III regulation, which covers public accommodations and commercial facilities, in order to adopt the 2004 ADAAG as its proposed standards for title III entities, to make amendments to the title III regulation for consistency with title II, and to make amendments that reflect the collective experience of sixteen years of enforcement of the ADA.
06/17/2008Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentNondiscrimination on the Basis of Disability by Public Accommodations and in Commercial FacilitiesThe Department of Justice (Department) is issuing this notice of proposed rulemaking (NPRM) in order to: Adopt enforceable accessibility standards under the Americans with Disabilities Act of 1990 (ADA) that are ``consistent with the minimum guidelines...E8-12623FR-Doc-E8-12623https://www.federalregister.gov/documents/2008/06/17/E8-12623/nondiscrimination-on-the-basis-of-disability-by-public-accommodations-and-in-commercial-facilitiesThe Department of Justice (Department) is issuing this notice of proposed rulemaking (NPRM) in order to: Adopt enforceable accessibility standards under the Americans with Disabilities Act of 1990 (ADA) that are ``consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board'' (Access Board); and perform periodic reviews of any rule judged to have a significant economic impact on a substantial number of small entities, and a regulatory assessment of the costs and benefits of any significant regulatory action as required by the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). In this NPRM, the Department proposes to adopt Parts I and III of the Americans With Disabilities Act and Architectural Barriers Act Accessibility Guidelines (2004 ADAAG), which were published by the Architectural and Transportation Barriers and Compliance Board (Access Board) on July 23, 2004. Prior to its adoption by the Department, the 2004 ADAAG is effective only as guidance to the Department; it has no legal effect on the public until the Department issues a final rule adopting the revised ADA Standards (proposed standards). Concurrently with the publication of this NPRM, the Department is publishing an NPRM to amend its title II regulation, which covers state and local government entities, in order to adopt the 2004 ADAAG as its proposed standards for title II entities, to make amendments to the title II regulation for consistency with title III, and to make amendments that reflect the collective experience of 16 years of enforcement of the ADA.
06/16/2008Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentRevision to United States Marshals Service Fees for ServicesThis rule proposes to increase the fee from $45 per person per hour to $55 per person per hour for process served or executed personally by a United States Marshals Service employee, agent, or contractor. This proposed fee increase reflects the current...E8-13437FR-Doc-E8-13437https://www.federalregister.gov/documents/2008/06/16/E8-13437/revision-to-united-states-marshals-service-fees-for-servicesThis rule proposes to increase the fee from $45 per person per hour to $55 per person per hour for process served or executed personally by a United States Marshals Service employee, agent, or contractor. This proposed fee increase reflects the current costs to the United States Marshals Service for service of process in federal court proceedings.
06/16/2008Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentPsychiatric Evaluation and TreatmentIn this document, the Bureau of Prisons (Bureau) proposes to revise its regulations on providing psychiatric treatment and medication to inmates. We propose these revised regulations to clarify and update the regulations in light of more recent caselaw.E8-13261FR-Doc-E8-13261https://www.federalregister.gov/documents/2008/06/16/E8-13261/psychiatric-evaluation-and-treatmentIn this document, the Bureau of Prisons (Bureau) proposes to revise its regulations on providing psychiatric treatment and medication to inmates. We propose these revised regulations to clarify and update the regulations in light of more recent caselaw.
06/06/2008Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentInspection of Records Relating to Depiction of Simulated Sexually Explicit PerformancesThis rule proposes to amend record-keeping, labeling, and inspection requirements to implement provisions of the Adam Walsh Child Protection and Safety Act of 2006 that require producers of depictions of simulated sexually explicit conduct to maintain...E8-12635FR-Doc-E8-12635https://www.federalregister.gov/documents/2008/06/06/E8-12635/inspection-of-records-relating-to-depiction-of-simulated-sexually-explicit-performancesThis rule proposes to amend record-keeping, labeling, and inspection requirements to implement provisions of the Adam Walsh Child Protection and Safety Act of 2006 that require producers of depictions of simulated sexually explicit conduct to maintain records documenting that performers in those depictions are at least 18 years of age. The rule also implements provisions of the Adam Walsh Act that create a certification regime for the exemption of producers, in certain circumstances, from those requirements and from similar requirements for producers of visual depictions of the lascivious exhibition of the genitals or pubic area of a person.
06/03/2008Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentCALEA Cost Recovery Regulations; Section 610 ReviewThis document summarizes the results of a review of the CALEA Cost Recovery Regulations, under the criteria contained in section 610 of the Regulatory Flexibility Act (RFA).E8-12399FR-Doc-E8-12399https://www.federalregister.gov/documents/2008/06/03/E8-12399/calea-cost-recovery-regulations-section-610-reviewThis document summarizes the results of a review of the CALEA Cost Recovery Regulations, under the criteria contained in section 610 of the Regulatory Flexibility Act (RFA).
04/18/2008Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentDNA-Sample Collection Under the DNA Fingerprint Act of 2005 and the Adam Walsh Child Protection and Safety Act of 2006The Department of Justice is publishing this proposed rule to implement amendments made by section 1004 of the DNA Fingerprint Act of 2005 and section 155 of the Adam Walsh Child Protection and Safety Act of 2006 to section 3 of the DNA Analysis...E8-8339FR-Doc-E8-8339https://www.federalregister.gov/documents/2008/04/18/E8-8339/dna-sample-collection-under-the-dna-fingerprint-act-of-2005-and-the-adam-walsh-child-protection-andThe Department of Justice is publishing this proposed rule to implement amendments made by section 1004 of the DNA Fingerprint Act of 2005 and section 155 of the Adam Walsh Child Protection and Safety Act of 2006 to section 3 of the DNA Analysis Backlog Elimination Act of 2000. This rule directs agencies of the United States that arrest or detain individuals, or that supervise individuals facing charges, to collect DNA samples from individuals who are arrested, facing charges, or convicted, and from non-United States persons who are detained under the authority of the United States. Unless otherwise directed by the Attorney General, the collection of DNA samples may be limited to individuals from whom an agency collects fingerprints. The Attorney General also may approve other limitations or exceptions. Agencies collecting DNA samples are directed to furnish the samples to the Federal Bureau of Investigation, or to other agencies or entities as authorized by the Attorney General, for purposes of analysis and entry into the Combined DNA Index System.
03/10/2008RuleDEPARTMENT OF JUSTICEJustice DepartmentParoling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia CodesThe Parole Commission's regulation regarding the Commission's transfer treaty function describes the procedures and policies for making release date and supervised release term decisions for prisoners transferred under treaty to the custody of the...E8-3986FR-Doc-E8-3986https://www.federalregister.gov/documents/2008/03/10/E8-3986/paroling-recommitting-and-supervising-federal-prisoners-prisoners-serving-sentences-under-the-unitedThe Parole Commission's regulation regarding the Commission's transfer treaty function describes the procedures and policies for making release date and supervised release term decisions for prisoners transferred under treaty to the custody of the United States for service of the remainder of their foreign sentences. The Commission is amending this regulation to: add a policy statement that the Commission, like a federal district judge in imposing a sentence, uses the U.S. Sentencing Guidelines as advisory guidelines in making decisions for a transfer treaty prisoner; and eliminate the requirement that a certified court reporter record a transfer treaty hearing.
02/26/2008RuleDEPARTMENT OF HOMELAND SECURITYHomeland Security DepartmentInflation Adjustment for Civil Monetary Penalties Under Sections 274A, 274B, and 274C of the Immigration and Nationality ActAs required by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996, the Department of Homeland Security and the Department of Justice are publishing these rules adjusting for inflation...E8-3320FR-Doc-E8-3320https://www.federalregister.gov/documents/2008/02/26/E8-3320/inflation-adjustment-for-civil-monetary-penalties-under-sections-274a-274b-and-274c-of-theAs required by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996, the Department of Homeland Security and the Department of Justice are publishing these rules adjusting for inflation the civil monetary penalties assessed or enforced by those two Departments under sections 274A, 274B, and 274C of the Immigration and Nationality Act (INA). The adjusted civil money penalties are calculated according to the specific formula laid out by law, and will be effective for violations occurring on or after the effective date of these rules.
02/25/2008RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974; System of RecordsThe Federal Bureau of Investigation (FBI), a component agency of the Department of Justice (DOJ), is issuing a final rule exempting a new Privacy Act system of records, the Law Enforcement National Data Exchange. The FBI published a system of records...E8-3433FR-Doc-E8-3433https://www.federalregister.gov/documents/2008/02/25/E8-3433/privacy-act-of-1974-system-of-recordsThe Federal Bureau of Investigation (FBI), a component agency of the Department of Justice (DOJ), is issuing a final rule exempting a new Privacy Act system of records, the Law Enforcement National Data Exchange. The FBI published a system of records notice for N-DEx and a proposed rule implementing these exemptions on October 4, 2007. The listed exemptions are necessary to avoid interference with the law enforcement functions and responsibilities of the FBI. This document addresses public comments on the proposed rule.
02/15/2008RuleDEPARTMENT OF JUSTICEJustice DepartmentIncentive Award Program DelegationThis rule amends part 0 of title 28 of the Code of Federal Regulations to increase from $5,000 to $7,500 the dollar limit up to which certain component heads of the Department of Justice may approve incentive awards. The rule also makes minor revisions...E8-2952FR-Doc-E8-2952https://www.federalregister.gov/documents/2008/02/15/E8-2952/incentive-award-program-delegationThis rule amends part 0 of title 28 of the Code of Federal Regulations to increase from $5,000 to $7,500 the dollar limit up to which certain component heads of the Department of Justice may approve incentive awards. The rule also makes minor revisions to the regulations to reflect organizational changes and updated terminology, and to provide for consistency with existing personnel delegations.
02/04/2008Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentProcedures for Completing Uniform Forms of Trustee Final Reports in Cases Filed Under Chapters 7, 12, and 13 of Title 11The Department of Justice, through its component, EOUST, is issuing this notice of proposed rulemaking (rule) pursuant to Section 602 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). The BAPCPA requires the Department to...E8-1450FR-Doc-E8-1450https://www.federalregister.gov/documents/2008/02/04/E8-1450/procedures-for-completing-uniform-forms-of-trustee-final-reports-in-cases-filed-under-chapters-7-12The Department of Justice, through its component, EOUST, is issuing this notice of proposed rulemaking (rule) pursuant to Section 602 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). The BAPCPA requires the Department to issue rules requiring uniform forms for final reports (Uniform Forms) by trustees in cases under chapters 7, 12, and 13 of title 11. The BAPCPA requires the rule to strike the best achievable practical balance between: the reasonable needs of the public for information about the operational results of the Federal bankruptcy system; economy, simplicity, and lack of undue burden on persons with a duty to file these reports; and appropriate privacy concerns and safeguards.
02/01/2008Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentApplication Procedures and Criteria for Approval of Nonprofit Budget and Credit Counseling Agencies by United States TrusteesThis notice of proposed rulemaking (``rule'') sets forth proposed procedures and criteria United States Trustees shall use when determining whether applicants seeking to become and remain approved nonprofit budget and credit counseling agencies satisfy...E8-1451FR-Doc-E8-1451https://www.federalregister.gov/documents/2008/02/01/E8-1451/application-procedures-and-criteria-for-approval-of-nonprofit-budget-and-credit-counseling-agenciesThis notice of proposed rulemaking (``rule'') sets forth proposed procedures and criteria United States Trustees shall use when determining whether applicants seeking to become and remain approved nonprofit budget and credit counseling agencies satisfy all prerequisites of the United States Code, as implemented under this rule. Under current law every individual debtor shall have received adequate counseling from an approved nonprofit budget and credit counseling agency within 180 days before the date of filing for bankruptcy relief. The current law enumerates mandatory prerequisites and minimum standards applicants seeking to become approved nonprofit budget and credit counseling agencies must meet. Under this rule, United States Trustees will approve applicants for inclusion on publicly available agency lists in one or more federal judicial districts, if an applicant establishes it meets all the requirements of the United States Code, as implemented under this rule. After obtaining such an approval, a nonprofit budget and credit counseling agency shall be authorized to provide credit counseling in a federal judicial district during the time the agency remains approved.
01/09/2008RuleDEPARTMENT OF JUSTICEJustice DepartmentTechnical Amendments to the Regulations Providing Whistleblower Protection for Federal Bureau of Investigation EmployeesThis rule makes several technical amendments to the Department of Justice regulations that provide whistleblower protection for Federal Bureau of Investigation (FBI) employees.08-7FR-Doc-08-7https://www.federalregister.gov/documents/2008/01/09/08-7/technical-amendments-to-the-regulations-providing-whistleblower-protection-for-federal-bureau-ofThis rule makes several technical amendments to the Department of Justice regulations that provide whistleblower protection for Federal Bureau of Investigation (FBI) employees.
12/07/2007RuleDEPARTMENT OF JUSTICEJustice DepartmentOffice of the Attorney General; Destruction of Contraband Drug EvidenceThis rule makes one revision to the Department of Justice regulations on the destruction of contraband drug evidence. The rule concerns the proper handling and disposal of liquid phencyclidine (PCP).E7-23792FR-Doc-E7-23792https://www.federalregister.gov/documents/2007/12/07/E7-23792/office-of-the-attorney-general-destruction-of-contraband-drug-evidenceThis rule makes one revision to the Department of Justice regulations on the destruction of contraband drug evidence. The rule concerns the proper handling and disposal of liquid phencyclidine (PCP).
11/21/2007RuleDEPARTMENT OF JUSTICEJustice DepartmentRedelegation of Authority To Compromise and Close Civil ClaimsThis Tax Division directive increases the settlement authority of the Chiefs of the Civil Trial Sections, the Court of Federal Claims Section, the Appellate Section, the Office of Review, and the Deputy Assistant Attorneys General, to compromise and...E7-22702FR-Doc-E7-22702https://www.federalregister.gov/documents/2007/11/21/E7-22702/redelegation-of-authority-to-compromise-and-close-civil-claimsThis Tax Division directive increases the settlement authority of the Chiefs of the Civil Trial Sections, the Court of Federal Claims Section, the Appellate Section, the Office of Review, and the Deputy Assistant Attorneys General, to compromise and close civil claims. In addition, this directive increases the discretionary redelegation of limited authority by a section chief to his or her assistant chiefs and reviewers. This directive supersedes Directive No. 105.
10/04/2007Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974; ImplementationThe Federal Bureau of Investigation (FBI), a component agency of the Department of Justice (DOJ), proposes to exempt a new Privacy Act system of records entitled Law Enforcement National Data Exchange (N-DEx) from certain provisions of the Privacy Act....E7-19458FR-Doc-E7-19458https://www.federalregister.gov/documents/2007/10/04/E7-19458/privacy-act-of-1974-implementationThe Federal Bureau of Investigation (FBI), a component agency of the Department of Justice (DOJ), proposes to exempt a new Privacy Act system of records entitled Law Enforcement National Data Exchange (N-DEx) from certain provisions of the Privacy Act. As explained in the proposed rule, the exemption is necessary to avoid interference with the law enforcement functions and responsibilities of the FBI and the N-DEx system. Public comment is invited.
09/27/2007RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974: ImplementationThe Department of Justice (DOJ), Drug Enforcement Administration (DEA), is exempting a Privacy Act system of records from the following subsections of the Privacy Act: (c)(3) and (4), (d)(1), (2), (3), and (4); (e)(1), (2), (3), (5), and (8); and (g),...E7-19129FR-Doc-E7-19129https://www.federalregister.gov/documents/2007/09/27/E7-19129/privacy-act-of-1974-implementationThe Department of Justice (DOJ), Drug Enforcement Administration (DEA), is exempting a Privacy Act system of records from the following subsections of the Privacy Act: (c)(3) and (4), (d)(1), (2), (3), and (4); (e)(1), (2), (3), (5), and (8); and (g), pursuant to 5 U.S.C. 552a (j) and (k). The Privacy Act system of records is the ``El Paso Intelligence Center (EPIC) Seizure System, (JUSTICE/DEA- 022).'' The exemptions are necessary to prevent the compromise of ongoing investigative efforts, to help ensure the integrity of law enforcement and investigatory information, to ensure third party privacy, and to protect the physical safety of sources of information and law enforcement personnel.
09/18/2007RuleDEPARTMENT OF JUSTICEJustice DepartmentParoling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia CodesThe Parole Commission is studying the feasibility of conducting probable cause hearings through videoconferences between an examiner at the Commission's office and alleged parole and supervised release violators in custody at the District of Columbia...E7-17762FR-Doc-E7-17762https://www.federalregister.gov/documents/2007/09/18/E7-17762/paroling-recommitting-and-supervising-federal-prisoners-prisoners-serving-sentences-under-the-unitedThe Parole Commission is studying the feasibility of conducting probable cause hearings through videoconferences between an examiner at the Commission's office and alleged parole and supervised release violators in custody at the District of Columbia Central Detention Facility. Therefore, Commission is amending the interim rule allowing hearings by videoconference to include probable cause hearings and to authorize the use of videoconferencing for a sufficient number of such hearings to determine the utility of the procedure.
09/18/2007RuleDEPARTMENT OF JUSTICEJustice DepartmentParoling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia CodesThe Parole Commission is amending its regulations to incorporate a procedural alternative that allows a parolee or supervised releasee to initiate the process of accepting a revocation decision without the need of a revocation hearing. This ``advanced...E7-17760FR-Doc-E7-17760https://www.federalregister.gov/documents/2007/09/18/E7-17760/paroling-recommitting-and-supervising-federal-prisoners-prisoners-serving-sentences-under-the-unitedThe Parole Commission is amending its regulations to incorporate a procedural alternative that allows a parolee or supervised releasee to initiate the process of accepting a revocation decision without the need of a revocation hearing. This ``advanced consent'' alternative has been used in a pilot project in the District of Columbia since October 2005 and has assisted in the prompt resolution of revocation cases. Through this amendment, the Commission is formalizing the adoption of this variation of the expedited revocation procedure and simplifying the format and language of the rule.
08/09/2007Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentCertification Process for State Capital Counsel SystemsOn June 6, 2007, the Department of Justice published a notice of proposed rulemaking in the Federal Register, 72 FR 31217, concerning a process for certifying state systems for providing counsel to indigent capital defendants. That rulemaking was...E7-15254FR-Doc-E7-15254https://www.federalregister.gov/documents/2007/08/09/E7-15254/certification-process-for-state-capital-counsel-systemsOn June 6, 2007, the Department of Justice published a notice of proposed rulemaking in the Federal Register, 72 FR 31217, concerning a process for certifying state systems for providing counsel to indigent capital defendants. That rulemaking was issued pursuant to section 507 of the USA PATRIOT Improvement and Reauthorization Act. The original 60-day comment period expired on August 6, 2007. The Department is reopening the comment period for an additional 45-day period.
08/08/2007RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974; ImplementationOn May 8, 2007, at 72 FR 26037, the Department of Justice issued a proposed rule to amend Title 28 of the Code of Federal Regulations, Part 16, to exempt the following new system of records from certain provisions of the Privacy Act: The National...E7-15455FR-Doc-E7-15455https://www.federalregister.gov/documents/2007/08/08/E7-15455/privacy-act-of-1974-implementationOn May 8, 2007, at 72 FR 26037, the Department of Justice issued a proposed rule to amend Title 28 of the Code of Federal Regulations, Part 16, to exempt the following new system of records from certain provisions of the Privacy Act: The National Security Division (NSD), ``Foreign Intelligence and Counterintelligence Records System (JUSTICE/NSD-001),'' which incorporated three previous systems of records of the Office of Intelligence Policy and Review (OIPR). This records system must be exempted from sections of the Privacy Act since, in most cases, disclosure of the existence of records pertaining to an individual would hinder authorized United States intelligence activities by informing that individual of the existence, nature, or scope of information that is properly classified pursuant to Executive Order 12958, as amended, and thereby cause damage to the national security. Further it is necessary to exempt this system to ensure unhampered and effective collection and analysis of foreign intelligence and counterintelligence information and to protect the identities of confidential sources.
08/03/2007Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentCivil Commitment of a Sexually Dangerous PersonIn this proposed rule, the Bureau of Prisons (Bureau) provides definitions and standards relating to the certification of persons as sexually dangerous for the purpose of civil commitment, as authorized by The Adam Walsh Child Protection and Safety Act...E7-14943FR-Doc-E7-14943https://www.federalregister.gov/documents/2007/08/03/E7-14943/civil-commitment-of-a-sexually-dangerous-personIn this proposed rule, the Bureau of Prisons (Bureau) provides definitions and standards relating to the certification of persons as sexually dangerous for the purpose of civil commitment, as authorized by The Adam Walsh Child Protection and Safety Act of 2006 (Pub. L. 109- 248) (Walsh Act), enacted July 27, 2006, which amended title 18 of the United States Code, Chapter 313.
07/31/2007RuleDEPARTMENT OF JUSTICEJustice DepartmentOrganization; Office of the Deputy Attorney General, Office of the Associate Attorney GeneralThis rule amends the regulations that describe the structure, functions, and responsibilities of the Offices of the Deputy Attorney General and Associate Attorney General, United States Department of Justice.E7-14707FR-Doc-E7-14707https://www.federalregister.gov/documents/2007/07/31/E7-14707/organization-office-of-the-deputy-attorney-general-office-of-the-associate-attorney-generalThis rule amends the regulations that describe the structure, functions, and responsibilities of the Offices of the Deputy Attorney General and Associate Attorney General, United States Department of Justice.
07/12/2007Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentRevised Regulations for Records Relating to Visual Depictions of Sexually Explicit ConductThis rule proposes to amend the record-keeping, labeling, and inspection requirements to account for changes in the underlying statute made by Congress in enacting the Adam Walsh Child Protection and Safety Act of 2006.E7-13500FR-Doc-E7-13500https://www.federalregister.gov/documents/2007/07/12/E7-13500/revised-regulations-for-records-relating-to-visual-depictions-of-sexually-explicit-conductThis rule proposes to amend the record-keeping, labeling, and inspection requirements to account for changes in the underlying statute made by Congress in enacting the Adam Walsh Child Protection and Safety Act of 2006.
07/11/2007RuleDEPARTMENT OF JUSTICEJustice DepartmentSearches of Housing Units, Inmates, and Inmate Work Areas: Electronic DevicesThis document adopts as final a Bureau of Prisons (Bureau) proposed rule on searches of inmates, housing units, and inmate work areas with respect to the use of electronic devices. This document also withdraws the Bureau's proposal to amend its rules...E7-13403FR-Doc-E7-13403https://www.federalregister.gov/documents/2007/07/11/E7-13403/searches-of-housing-units-inmates-and-inmate-work-areas-electronic-devicesThis document adopts as final a Bureau of Prisons (Bureau) proposed rule on searches of inmates, housing units, and inmate work areas with respect to the use of electronic devices. This document also withdraws the Bureau's proposal to amend its rules on searches of non- inmates, which will be incorporated into a new and separate proposed rule. We intend this change to provide for the continued efficient and secure operation of the institution and prevent the introduction of contraband into Bureau institutions.
06/21/2007Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentOffice of the Attorney General; Production of Certain Information or Testimony by State or Local Law Enforcement or Prosecutive Officials Serving on a Department of Justice Task ForceThe United States Department of Justice is proposing to amend its regulations concerning agency management. The production of certain information or testimony by Department officials in response to subpoenas or demands of courts or other authorities is...E7-12038FR-Doc-E7-12038https://www.federalregister.gov/documents/2007/06/21/E7-12038/office-of-the-attorney-general-production-of-certain-information-or-testimony-by-state-or-local-lawThe United States Department of Justice is proposing to amend its regulations concerning agency management. The production of certain information or testimony by Department officials in response to subpoenas or demands of courts or other authorities is governed by 28 CFR 16.21-16.29, often referred to as the Department's Touhy regulations, see United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951). The revision avoids any doubt that the Touhy regulations cover information acquired by a State or local law enforcement and prosecutive official while serving as a task force official on a Department of Justice task force.
06/06/2007Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentOffice of the Attorney General; Certification Process for State Capital Counsel SystemsThe USA PATRIOT Improvement and Reauthorization Act of 2005 instructs the Attorney General to promulgate regulations to implement certification procedures for States seeking to qualify for the expedited Federal habeas corpus review procedures in...E7-10892FR-Doc-E7-10892https://www.federalregister.gov/documents/2007/06/06/E7-10892/office-of-the-attorney-general-certification-process-for-state-capital-counsel-systemsThe USA PATRIOT Improvement and Reauthorization Act of 2005 instructs the Attorney General to promulgate regulations to implement certification procedures for States seeking to qualify for the expedited Federal habeas corpus review procedures in capital cases under chapter 154 of Title 28, United States Code. The procedural benefits of chapter 154 are available to States that establish a mechanism for providing counsel to indigent capital defendants in State postconviction proceedings that satisfies certain statutory requirements. This proposed rule would carry out the Act's requirement of issuing regulations for the certification procedure.
06/06/2007RuleDEPARTMENT OF JUSTICEJustice DepartmentSearching and Detaining or Arresting Non-InmatesIn this document, the Bureau of Prisons (Bureau) finalizes regulations on searching and detaining or arresting non-inmates. This revision reorganizes current regulations and makes changes that subject non-inmates to pat searches, either as random...E7-10925FR-Doc-E7-10925https://www.federalregister.gov/documents/2007/06/06/E7-10925/searching-and-detaining-or-arresting-non-inmatesIn this document, the Bureau of Prisons (Bureau) finalizes regulations on searching and detaining or arresting non-inmates. This revision reorganizes current regulations and makes changes that subject non-inmates to pat searches, either as random searches or based upon reasonable suspicion, as a condition of entry to a Bureau facility.
05/08/2007Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974; ImplementationThe Department of Justice proposes to amend the Privacy Act exemptions to the National Security Division's system of records as described in today's notice section of the Federal Register: Foreign Intelligence and Counterintelligence Records System...E7-8764FR-Doc-E7-8764https://www.federalregister.gov/documents/2007/05/08/E7-8764/privacy-act-of-1974-implementationThe Department of Justice proposes to amend the Privacy Act exemptions to the National Security Division's system of records as described in today's notice section of the Federal Register: Foreign Intelligence and Counterintelligence Records System (JUSTICE/NSD-001), which incorporates three previous systems of records of the Office of Intelligence Policy and Review (OIPR). These systems of records are the ``Policy and Operational Records System, OIPR-001'' last published in the Federal Register January 26, 1984 (49 FR 3281); ``Foreign Intelligence Surveillance Act Records System, OIPR-002'' last published in the Federal Register January 26, 1984 (49 FR 3282); and ``Litigation Records System, OIPR-003'' last published in the Federal Register January 26, 1984 (49 FR 3284).
04/04/2007RuleDEPARTMENT OF JUSTICEJustice DepartmentNational Security; Prevention of Acts of Violence and TerrorismThis rule finalizes the interim rules on Special Administrative Measures that were published on October 31, 2001 (66 FR 55062). The previously existing regulations authorized the Bureau of Prisons (Bureau), at the direction of the Attorney General, to...E7-6265FR-Doc-E7-6265https://www.federalregister.gov/documents/2007/04/04/E7-6265/national-security-prevention-of-acts-of-violence-and-terrorismThis rule finalizes the interim rules on Special Administrative Measures that were published on October 31, 2001 (66 FR 55062). The previously existing regulations authorized the Bureau of Prisons (Bureau), at the direction of the Attorney General, to impose special administrative measures with respect to specified inmates, based on information provided by senior intelligence or law enforcement officials, if determined necessary to prevent the dissemination of either classified information that could endanger the national security, or of other information that could lead to acts of violence and/or terrorism. The interim rule extended the period of time for which such special administrative measures may be imposed from 120 days to up to one year, and modified the standards for approving extensions of such special administrative measures. In addition, where the Attorney General has certified that reasonable suspicion exists to believe that an inmate may use communications with attorneys (or agents traditionally covered by the attorney-client privilege) to further or facilitate acts of violence and/or terrorism, the interim rule amended the previously existing regulations to provide that the Bureau must provide appropriate procedures to monitor or review such communications to deter such acts, subject to specific procedural safeguards, to the extent permitted under the Constitution and laws of the United States. The interim rule also requires the Director of the Bureau of Prisons to give written notice to the inmate and attorneys and/or agents before monitoring or reviewing any communications as described in this rule. The interim rule also provided that the head of each component of the Department of Justice that has custody of persons for whom special administrative measures are determined to be necessary may exercise the same authority to impose such measures as the Director of the Bureau of Prisons.
03/15/2007RuleDEPARTMENT OF JUSTICEJustice DepartmentSuicide Prevention ProgramIn this document, the Bureau of Prisons (Bureau) revises its regulations on the suicide prevention program for clarity and to remove agency management procedures which do not need to be stated in regulations. We intend the revised regulations to...E7-4684FR-Doc-E7-4684https://www.federalregister.gov/documents/2007/03/15/E7-4684/suicide-prevention-programIn this document, the Bureau of Prisons (Bureau) revises its regulations on the suicide prevention program for clarity and to remove agency management procedures which do not need to be stated in regulations. We intend the revised regulations to provide for the health and safety of inmates.
03/13/2007RuleDEPARTMENT OF JUSTICEJustice DepartmentDepartment of Justice Implementation of OMB Guidance on Nonprocurement Debarment and SuspensionThe Department of Justice (``DOJ'' or ``the Department'') is removing its regulations implementing the government-wide common rule on nonprocurement debarment and suspension, currently located within Part 67 of Title 28 of the Code of Federal...E7-4362FR-Doc-E7-4362https://www.federalregister.gov/documents/2007/03/13/E7-4362/department-of-justice-implementation-of-omb-guidance-on-nonprocurement-debarment-and-suspensionThe Department of Justice (``DOJ'' or ``the Department'') is removing its regulations implementing the government-wide common rule on nonprocurement debarment and suspension, currently located within Part 67 of Title 28 of the Code of Federal Regulations (CFR), and adopting the Office of Management and Budget's (OMB) guidance at Title 2 of the CFR. This regulatory action implements the OMB's initiative to streamline and consolidate all federal regulations on nonprocurement debarment and suspension into one part of the CFR. These changes constitute an administrative simplification that would make no substantive change in DOJ policy or procedures for nonprocurement debarment and suspension.
03/07/2007RuleDEPARTMENT OF JUSTICEJustice DepartmentOffice of the Attorney General; National Security DivisionThis rule amends part 0 of title 28 of the Code of Federal Regulations to reflect the establishment of the National Security Division at the Department of Justice. The National Security Division was created by section 506 of the USA PATRIOT Improvement...E7-3755FR-Doc-E7-3755https://www.federalregister.gov/documents/2007/03/07/E7-3755/office-of-the-attorney-general-national-security-divisionThis rule amends part 0 of title 28 of the Code of Federal Regulations to reflect the establishment of the National Security Division at the Department of Justice. The National Security Division was created by section 506 of the USA PATRIOT Improvement and Reauthorization Act of 2005 (``the Act''). This rule, which sets forth the Division's organization, mission and functions, amends the Code of Federal Regulations in order to conform the Department's regulations to the Act and to reflect accurately the Department's internal management structure. This rule also amends the Department's regulations in title 28 other than in part 0 to make nomenclature and organizational changes reflecting the establishment of the National Security Division.
02/28/2007RuleDEPARTMENT OF JUSTICEJustice DepartmentOffice of the Attorney General; Applicability of the Sex Offender Registration and Notification ActThe Department of Justice is publishing this interim rule to specify that the requirements of the Sex Offender Registration and Notification Act, title I of Public Law 109-248, apply to sex offenders convicted of the offense for which registration is...E7-3063FR-Doc-E7-3063https://www.federalregister.gov/documents/2007/02/28/E7-3063/office-of-the-attorney-general-applicability-of-the-sex-offender-registration-and-notification-actThe Department of Justice is publishing this interim rule to specify that the requirements of the Sex Offender Registration and Notification Act, title I of Public Law 109-248, apply to sex offenders convicted of the offense for which registration is required before the enactment of that Act. These requirements include registration by a sex offender in each jurisdiction in which the sex offender resides, is an employee, or is a student. The Attorney General has the authority to make this specification pursuant to sections 112(b) and 113(d) of the Sex Offender Registration and Notification Act.
01/23/2007Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentCarriage of Concealed Weapons Pursuant to Public Law 108-277; the Law Enforcement Officers Safety Act of 2003The Department of Justice (the Department) is amending Title 28 of the Code of Federal Regulations to authorize access to FBI- maintained criminal justice information systems for the conduct of background checks for the purpose of issuing...E7-150FR-Doc-E7-150https://www.federalregister.gov/documents/2007/01/23/E7-150/carriage-of-concealed-weapons-pursuant-to-public-law-108-277-the-law-enforcement-officers-safety-actThe Department of Justice (the Department) is amending Title 28 of the Code of Federal Regulations to authorize access to FBI- maintained criminal justice information systems for the conduct of background checks for the purpose of issuing identification documents to retired law enforcement officers.
01/18/2007RuleDEPARTMENT OF JUSTICEJustice DepartmentGrants for Correctional FacilitiesThe Office of Justice Programs (OJP), Department of Justice, is adopting as a final rule, without change, an interim final rule with request for comments that OJP published on January 15, 2004, at 69 FR 2298. That interim rule updated and clarified...E7-619FR-Doc-E7-619https://www.federalregister.gov/documents/2007/01/18/E7-619/grants-for-correctional-facilitiesThe Office of Justice Programs (OJP), Department of Justice, is adopting as a final rule, without change, an interim final rule with request for comments that OJP published on January 15, 2004, at 69 FR 2298. That interim rule updated and clarified what the Bureau of Justice Assistance (BJA), a component of OJP, considered to be an eligible ``Indian tribe,'' and what the BJA considered to be ``construction,'' under the Grants for Correctional Facilities on Tribal Lands Program. OJP did not receive any comments.
12/21/2006Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentReduction in Sentence for Medical ReasonsThe Bureau of Prisons (Bureau) is revising its regulations on procedures for reductions in sentence (RIS) for medical reasons. 28 CFR Part 571, Subpart G, is currently entitled ``Compassionate Release (Procedures for the Implementation of 18 U.S.C....E6-21772FR-Doc-E6-21772https://www.federalregister.gov/documents/2006/12/21/E6-21772/reduction-in-sentence-for-medical-reasonsThe Bureau of Prisons (Bureau) is revising its regulations on procedures for reductions in sentence (RIS) for medical reasons. 28 CFR Part 571, Subpart G, is currently entitled ``Compassionate Release (Procedures for the Implementation of 18 U.S.C. 3582(c)(1)(A)(i) and 4205(g)).'' We are revising these regulations to (1) more accurately reflect our authority under these statutes and our current policy, (2) clarify procedures for RIS consideration, and (3) describe procedures for RIS consideration of D.C. Code offenders, for whom the Bureau has responsibility under the National Capital Revitalization and Self- Government Improvement Act of 1997 (D.C. Revitalization Act), D.C. Official Code Sec. 24-101(b). The new Subpart G will be entitled ``Reduction in Sentence for Medical Reasons.''
12/08/2006RuleDEPARTMENT OF JUSTICEJustice DepartmentSupplement to Justice Department Procedures and Council on Environmental Quality Regulations To Ensure Compliance With the National Environmental Policy ActThis rule adds Appendix E to part 61 of the Department of Justice's regulations to ensure better compliance with the National Environmental Policy Act (NEPA) of 1969. The rule supplements existing Department procedures and regulations of the Council on...E6-20940FR-Doc-E6-20940https://www.federalregister.gov/documents/2006/12/08/E6-20940/supplement-to-justice-department-procedures-and-council-on-environmental-quality-regulations-toThis rule adds Appendix E to part 61 of the Department of Justice's regulations to ensure better compliance with the National Environmental Policy Act (NEPA) of 1969. The rule supplements existing Department procedures and regulations of the Council on Environmental Quality and only pertains to internal procedures of the United States Marshals Service (USMS).
12/06/2006Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentInmate FurloughsIn this document, the Bureau of Prisons (Bureau) proposes to revise its Federal regulations on the inmate furlough program primarily to more clearly provide for and define transfer furloughs.E6-20612FR-Doc-E6-20612https://www.federalregister.gov/documents/2006/12/06/E6-20612/inmate-furloughsIn this document, the Bureau of Prisons (Bureau) proposes to revise its Federal regulations on the inmate furlough program primarily to more clearly provide for and define transfer furloughs.
11/02/2006Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentDrug Abuse Treatment Program: Eligibility of D.C. Code Offenders for Early Release ConsiderationIn this document, the Bureau of Prisons (Bureau) proposes to extend early release consideration to D.C. Code offenders pursuant to D.C. Code Sec. 24-403.01.E6-18439FR-Doc-E6-18439https://www.federalregister.gov/documents/2006/11/02/E6-18439/drug-abuse-treatment-program-eligibility-of-dc-code-offenders-for-early-release-considerationIn this document, the Bureau of Prisons (Bureau) proposes to extend early release consideration to D.C. Code offenders pursuant to D.C. Code Sec. 24-403.01.
11/02/2006Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentInmate Work and Performance Pay Program: Reduction in Pay for Drug- and Alcohol-Related Disciplinary OffensesIn 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...E6-18447FR-Doc-E6-18447https://www.federalregister.gov/documents/2006/11/02/E6-18447/inmate-work-and-performance-pay-program-reduction-in-pay-for-drug--and-alcohol-related-disciplinaryIn 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.
11/02/2006Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentIntensive Confinement Center ProgramThe Bureau of Prisons (Bureau) proposes to remove current rules on the intensive confinement center program (ICC). The ICC is a specialized program for non-violent offenders combining features of a military boot camp with traditional Bureau...E6-18437FR-Doc-E6-18437https://www.federalregister.gov/documents/2006/11/02/E6-18437/intensive-confinement-center-programThe Bureau of Prisons (Bureau) proposes to remove current rules on the intensive confinement center program (ICC). The ICC is a specialized program for non-violent offenders combining features of a military boot camp with traditional Bureau correctional values. The Bureau will no longer be offering the ICC program (also known as Shock Incarceration or Boot Camp) to inmates as a program option. This decision was made as part of an overall strategy to eliminate programs that do not reduce recidivism.
10/03/2006RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974; ImplementationThis rule amends part 16 of title 28 of the Code of Federal Regulations to reflect the applicability of Privacy Act Systems of Records Notices and any associated exemptions to the newly established National Security Division (NSD) at the Department of...E6-16280FR-Doc-E6-16280https://www.federalregister.gov/documents/2006/10/03/E6-16280/privacy-act-of-1974-implementationThis rule amends part 16 of title 28 of the Code of Federal Regulations to reflect the applicability of Privacy Act Systems of Records Notices and any associated exemptions to the newly established National Security Division (NSD) at the Department of Justice. The National Security Division was created by section 506 of the USA PATRIOT Improvement and Reauthorization Act of 2005, by consolidating the resources of the Office of Intelligence Policy and Review (OIPR) and the Criminal Division's Counterterrorism and Counterespionage Sections. Therefore, Privacy Act Systems of Records Notices and any associated exemptions that applied to OIPR and the Criminal Division's Counterterrorism and Counterespionage Sections, are adopted by and applicable to the NSD until modified, superseded, or revoked in accordance with law.
09/15/2006RuleDEPARTMENT OF JUSTICEJustice DepartmentReporting Violations to the Office of the Inspector General and the Office of Professional Responsibility; Delegations of AuthorityThis final rule amends the regulations of the Department of Justice to codify the obligation to report misconduct to the Office of the Inspector General (OIG) and the Department of Justice Office of Professional Responsibility (OPR), to reflect the...E6-15315FR-Doc-E6-15315https://www.federalregister.gov/documents/2006/09/15/E6-15315/reporting-violations-to-the-office-of-the-inspector-general-and-the-office-of-professionalThis final rule amends the regulations of the Department of Justice to codify the obligation to report misconduct to the Office of the Inspector General (OIG) and the Department of Justice Office of Professional Responsibility (OPR), to reflect the conferral of statutory law enforcement authority on OIG special agents, to update the structure, functions, and responsibilities of OPR, and to reflect the current organizational structure of the OIG.
09/06/2006RuleDEPARTMENT OF JUSTICEJustice DepartmentInternational Terrorism Victim Expense Reimbursement ProgramThe Office of Justice Programs (``OJP'') is finalizing the following regulation with minor modifications as a result of comments concerning the original notice of proposed rulemaking published at 70 FR 49518-49525, on August 24, 2005. This regulation...E6-14678FR-Doc-E6-14678https://www.federalregister.gov/documents/2006/09/06/E6-14678/international-terrorism-victim-expense-reimbursement-programThe Office of Justice Programs (``OJP'') is finalizing the following regulation with minor modifications as a result of comments concerning the original notice of proposed rulemaking published at 70 FR 49518-49525, on August 24, 2005. This regulation implements provisions of the Victims of Crime Act of 1984 (the ``VOCA'') (42 U.S.C. 10601 et seq.), which authorize the Director of the Office for Victims of Crime (``OVC''), a component of OJP, to establish an International Terrorism Victim Expense Reimbursement Program (hereinafter referred to as the ``ITVERP'') to reimburse eligible ``direct'' victims of acts of international terrorism that occur outside the United States for ``expenses associated with that victimization.''
09/05/2006Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentInclusion of Nonserious Offense Identification RecordsThe Department of Justice (the Department) proposes to amend part 20 of its regulations appearing at title 28 of the Code of Federal Regulations (CFR) pertaining to criminal justice information systems and the appendix to that part. The amendment will...E6-14605FR-Doc-E6-14605https://www.federalregister.gov/documents/2006/09/05/E6-14605/inclusion-of-nonserious-offense-identification-recordsThe Department of Justice (the Department) proposes to amend part 20 of its regulations appearing at title 28 of the Code of Federal Regulations (CFR) pertaining to criminal justice information systems and the appendix to that part. The amendment will permit the retention and exchange of criminal history record information (CHRI) and fingerprint submissions relating to nonserious offenses (NSOs) in the Federal Bureau of Investigation's (FBI's) Fingerprint Identification Records System (FIRS) and the Interstate Identification Index (III) when provided by a criminal justice agency for retention by the FBI.
08/31/2006RuleDEPARTMENT OF JUSTICEJustice DepartmentBureau of Prisons Central Office, Regional Offices, Institutions, and Staff Training Centers: Removal of Addresses From RulesIn this document, the Bureau of Prisons (Bureau) finalizes the removal of rules listing the addresses of Bureau facilities in each of its regions. We have replaced these rules with a short description of the Bureau's structure, the address of the...06-7365FR-Doc-06-7365https://www.federalregister.gov/documents/2006/08/31/06-7365/bureau-of-prisons-central-office-regional-offices-institutions-and-staff-training-centers-removal-ofIn this document, the Bureau of Prisons (Bureau) finalizes the removal of rules listing the addresses of Bureau facilities in each of its regions. We have replaced these rules with a short description of the Bureau's structure, the address of the Bureau's Central Office, and a reference to the Bureau's internet address containing current and frequently updated contact information on Bureau facilities and Regional Offices. This change enables the Bureau to more quickly and accurately provide updated contact information to members of the public, in light of frequently changing circumstances.
08/10/2006RuleDEPARTMENT OF JUSTICEJustice DepartmentPublic Safety Officers' Benefits ProgramThe Bureau of Justice Assistance (``BJA''), Office of Justice Programs, Department of Justice, published the proposed rule for the Public Safety Officers Benefits (``PSOB'') Program on July 26, 2005, 70 FR 43,078. During the comment period, BJA...06-6783FR-Doc-06-6783https://www.federalregister.gov/documents/2006/08/10/06-6783/public-safety-officers-benefits-programThe Bureau of Justice Assistance (``BJA''), Office of Justice Programs, Department of Justice, published the proposed rule for the Public Safety Officers Benefits (``PSOB'') Program on July 26, 2005, 70 FR 43,078. During the comment period, BJA received comments on its proposed rule from numerous parties. After further review of the proposed rule and very recent amendments to the underlying statute, and careful consideration and analysis of all comments, BJA made amendments that are incorporated into this final rule.
07/07/2006Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentPossession or Introduction of Personal Firearms Prohibited on the Grounds of Bureau of Prisons FacilitiesTo help ensure the safe operation of Federal Prisons, this rule proposes prohibiting all persons from possessing or introducing personal firearms, or attempting, aiding, or abetting possession or introduction of personal firearms, on the grounds of...E6-10601FR-Doc-E6-10601https://www.federalregister.gov/documents/2006/07/07/E6-10601/possession-or-introduction-of-personal-firearms-prohibited-on-the-grounds-of-bureau-of-prisonsTo help ensure the safe operation of Federal Prisons, this rule proposes prohibiting all persons from possessing or introducing personal firearms, or attempting, aiding, or abetting possession or introduction of personal firearms, on the grounds of Bureau of Prisons facilities, with exceptions for possession of personal firearms: (1) As required in the performance of official law enforcement duties; (2) on Bureau firing ranges by law enforcement personnel, as authorized by the Warden; and (3) in Warden-designated secure locations by Bureau employees who reside on Bureau grounds.
07/05/2006RuleDEPARTMENT OF JUSTICEJustice DepartmentApplication Procedures and Criteria for Approval of Nonprofit Budget and Credit Counseling Agencies and Approval of Providers of a Personal Financial Management Instructional Course by United States TrusteesThis interim final rule (``rule'') sets forth the proposed application procedures to be used by United States Trustees for approval of nonprofit budget and credit counseling agencies (``agencies'') and for approval of providers of a personal financial...E6-10234FR-Doc-E6-10234https://www.federalregister.gov/documents/2006/07/05/E6-10234/application-procedures-and-criteria-for-approval-of-nonprofit-budget-and-credit-counseling-agenciesThis interim final rule (``rule'') sets forth the proposed application procedures to be used by United States Trustees for approval of nonprofit budget and credit counseling agencies (``agencies'') and for approval of providers of a personal financial management instructional course (``providers'') under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (``BAPCPA''). Under the BAPCPA, individual debtors are required to consult with approved agencies to receive a briefing on the opportunities for credit counseling and a budget analysis, within 180 days before filing for bankruptcy relief, and to consult with approved providers of a personal financial management instructional course, after filing for relief, before receiving a discharge of their debts. The BAPCPA also sets forth procedures and standards for the United States Trustees to use in approving agencies and providers for subsequent inclusion on a publicly available agency list and provider list in each federal judicial district where they are deemed qualified to counsel or instruct individuals.
06/26/2006Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974: ImplementationThe Department of Justice (DOJ), Drug Enforcement Administration (DEA), proposes to exempt a new system of records entitled the El Paso Intelligence Center (EPIC) Seizure System (ESS) (JUSTICE/DEA-022) from subsections (c)(3) and (4); (d)(1), (2), (3),...E6-9976FR-Doc-E6-9976https://www.federalregister.gov/documents/2006/06/26/E6-9976/privacy-act-of-1974-implementationThe Department of Justice (DOJ), Drug Enforcement Administration (DEA), proposes to exempt a new system of records entitled the El Paso Intelligence Center (EPIC) Seizure System (ESS) (JUSTICE/DEA-022) from subsections (c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (5), and (8); and (g) of the Privacy Act of 1974 pursuant to 5 U.S.C. 552a(j) and (k). The exemption is necessary to avoid interference with the law enforcement, intelligence, counter- drug, counterterrorism functions and responsibilities of the DEA and its El Paso Intelligence Center (EPIC). Public comment is invited.
06/26/2006RuleDEPARTMENT OF JUSTICEJustice DepartmentOffice of the Attorney General; Establishment of the Office of the Federal Detention TrusteeThis rule amends the Department of Justice (the Department) organizational regulations to reflect the establishment within the Department of Justice of the Office of the Federal Detention Trustee (OFDT), and to set forth the general authorities of the...E6-9987FR-Doc-E6-9987https://www.federalregister.gov/documents/2006/06/26/E6-9987/office-of-the-attorney-general-establishment-of-the-office-of-the-federal-detention-trusteeThis rule amends the Department of Justice (the Department) organizational regulations to reflect the establishment within the Department of Justice of the Office of the Federal Detention Trustee (OFDT), and to set forth the general authorities of the Detention Trustee.
06/23/2006RuleDEPARTMENT OF JUSTICEJustice DepartmentClassification and Program ReviewIn this document, the Bureau of Prisons (Bureau) revises its regulations on classification and program review to remove unnecessary regulations and to ensure that classification and program review procedures adequately address inmate needs.E6-9829FR-Doc-E6-9829https://www.federalregister.gov/documents/2006/06/23/E6-9829/classification-and-program-reviewIn this document, the Bureau of Prisons (Bureau) revises its regulations on classification and program review to remove unnecessary regulations and to ensure that classification and program review procedures adequately address inmate needs.
05/12/2006Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentSmoking/No Smoking AreasIn this document, the Bureau of Prisons (Bureau) proposes to revise regulations pertaining to smoking/no smoking for inmates in Bureau facilities. The revised regulations indicate that smoking is generally prohibited in and on the grounds of Bureau...E6-7237FR-Doc-E6-7237https://www.federalregister.gov/documents/2006/05/12/E6-7237/smokingno-smoking-areasIn this document, the Bureau of Prisons (Bureau) proposes to revise regulations pertaining to smoking/no smoking for inmates in Bureau facilities. The revised regulations indicate that smoking is generally prohibited in and on the grounds of Bureau institutions and offices, with the following two exceptions: Smoking is permitted as part of an authorized inmate religious activity; and, for Bureau staff and official visitors, smoking is permitted only in smoking areas designated by the Warden. This rule also clarifies that possession of smoking apparatus and tobacco in any form is prohibited for inmates, unless as part of an authorized inmate religious activity. Smoking is defined as inhaling the smoke of any substance through the use of smoking apparatus including, but not limited to, cigars, cigarettes, or pipes. We intend this amendment to promote a clean air environment and to protect the health and safety of staff and inmates.
04/18/2006RuleDEPARTMENT OF JUSTICEJustice DepartmentOffice of the Attorney General; Establishment of the Office on Violence Against WomenThis rule updates the Department of Justice (DOJ) organizational regulations to reflect the establishment of the Office on Violence Against Women (OVW) as a separate and distinct office within the DOJ. OVW carries out the duties of the Department of...06-3673FR-Doc-06-3673https://www.federalregister.gov/documents/2006/04/18/06-3673/office-of-the-attorney-general-establishment-of-the-office-on-violence-against-womenThis rule updates the Department of Justice (DOJ) organizational regulations to reflect the establishment of the Office on Violence Against Women (OVW) as a separate and distinct office within the DOJ. OVW carries out the duties of the Department of Justice under the Violence Against Women Act of 1994 (title IV of Pub. L. 103- 322) and the Violence Against Women Act of 2000 (division B of Pub. L. 104-386), and any other duties otherwise authorized by law, or assigned to it or delegated to it by the Attorney General. This rule sets forth the duties of the Director of OVW. This rule also reflects the continued applicability to OVW of the National Environmental Policy Act of 1969 (NEPA) regulations that apply to components of the Office of Justice Programs (OJP), and which were therefore previously applied to OVW when it was part of OJP.
04/03/2006Proposed RuleDEPARTMENT OF JUSTICEJustice DepartmentLimited Communication for Terrorist InmatesIn 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...E6-4766FR-Doc-E6-4766https://www.federalregister.gov/documents/2006/04/03/E6-4766/limited-communication-for-terrorist-inmatesIn 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 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.
03/07/2006RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974; ImplementationThe Department of Justice, Tax Division, is amending 28 CFR part 16 to exempt a newly revised Privacy Act system of records entitled ``Files of Applicants For Attorney and Non-Attorney Positions with the Tax Division, Justice/TAX-003,'' as described in...06-2115FR-Doc-06-2115https://www.federalregister.gov/documents/2006/03/07/06-2115/privacy-act-of-1974-implementationThe Department of Justice, Tax Division, is amending 28 CFR part 16 to exempt a newly revised Privacy Act system of records entitled ``Files of Applicants For Attorney and Non-Attorney Positions with the Tax Division, Justice/TAX-003,'' as described in today's notice section of the Federal Register, from 5 U.S.C. 552a(c)(3) and (d)(1). The exemptions will be applied only to the extent that information in a record is subject to exemption pursuant to 5 U.S.C. 552a(k)(5). The exemptions are necessary to protect the confidentiality of employment records. The Department also is deleting as obsolete provisions exempting two former Tax Division systems of records: ``Freedom of Information/Privacy Act Request Files, Justice/TAX-004;'' and ``Tax Division Special Project Files, Justice/TAX-005.'' The records in TAX-004 are now covered by a Departmentwide system notice, ``Freedom of Information Act, Privacy Act, and Mandatory Declassification Review Requests and Administrative Appeals, DOJ-004''. The relevant records in TAX-005 are now part of the revised system entitled ``Criminal Tax Case Files, Special Project Files, Docket Cards, and Associated Records, Justice/TAX-001.''
03/06/2006RuleDEPARTMENT OF JUSTICEJustice DepartmentMinimum Qualifications for Annuity Brokers in Connection With Structured Settlements Entered Into by the United StatesThis final rule sets forth the minimum qualifications an individual annuity broker must meet in order to be included on the list of annuity brokers, established by the Attorney General, for the provision of annuity brokerage services in connection with...06-2079FR-Doc-06-2079https://www.federalregister.gov/documents/2006/03/06/06-2079/minimum-qualifications-for-annuity-brokers-in-connection-with-structured-settlements-entered-into-byThis final rule sets forth the minimum qualifications an individual annuity broker must meet in order to be included on the list of annuity brokers, established by the Attorney General, for the provision of annuity brokerage services in connection with structured settlements entered into by the United States. The final rule also sets forth the procedures that annuity brokers must follow in order to be included on the list.
02/21/2006RuleDEPARTMENT OF JUSTICEJustice DepartmentPrivacy Act of 1974; ImplementationThe Department of Justice, Bureau of Prisons (Bureau or BOP), is exempting a Privacy Act system of records from the following subsections of the Privacy Act: (c)(3) and (4), (d)(1)-(4), (e)(2) and (3), (e)(5), and (g). This system of records is the...06-1549FR-Doc-06-1549https://www.federalregister.gov/documents/2006/02/21/06-1549/privacy-act-of-1974-implementationThe Department of Justice, Bureau of Prisons (Bureau or BOP), is exempting a Privacy Act system of records from the following subsections of the Privacy Act: (c)(3) and (4), (d)(1)-(4), (e)(2) and (3), (e)(5), and (g). This system of records is the ``Inmate Electronic Message Record System, (JUSTICE/BOP-013).'' The exemptions are necessary to preclude the compromise of institution security, to better ensure the safety of inmates, Bureau personnel and the public, to better protect third party privacy, to protect law enforcement and investigatory information, and/or to otherwise ensure the effective performance of the Bureau's law enforcement functions.
02/07/2006RuleDEPARTMENT OF JUSTICEJustice DepartmentOrganization; Office of the Deputy Attorney General, Office of the Associate Attorney GeneralThis rule amends the regulations that describe the structure, functions, and responsibilities of the Offices of the Deputy Attorney General and Associate Attorney General, United States Department of Justice.06-1084FR-Doc-06-1084https://www.federalregister.gov/documents/2006/02/07/06-1084/organization-office-of-the-deputy-attorney-general-office-of-the-associate-attorney-generalThis rule amends the regulations that describe the structure, functions, and responsibilities of the Offices of the Deputy Attorney General and Associate Attorney General, United States Department of Justice.
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