Video Visiting and Telephone Calls Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act
| Citation | 85 FR 37335 |
| Record Number | 2020-13004 |
| Published date | 22 June 2020 |
| Section | Rules and Regulations |
| Court | Prisons Bureau |
Federal Register, Volume 85 Issue 120 (Monday, June 22, 2020)
[Federal Register Volume 85, Number 120 (Monday, June 22, 2020)]
[Rules and Regulations]
[Pages 37335-37337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13004]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 540
[Docket No. BOP-1177I]
RIN 1120-AB77
Video Visiting and Telephone Calls Under the Coronavirus Aid,
Relief, and Economic Security (CARES) Act
AGENCY: Bureau of Prisons, Department of Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Prisons amends its regulations to provide
inmates in federal custody with the opportunity for free video-
teleconferencing and telephone usage during the national emergency with
respect to Coronavirus Disease 2019.
DATES: This rule is effective June 22, 2020.
FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General
Counsel, Bureau of Prisons, phone (202) 353-8248.
SUPPLEMENTARY INFORMATION: On March 13, 2020, the President of the
United States declared that a national emergency existed with respect
to the outbreak of the novel coronavirus, SARS-CoV-2, known as
Coronavirus Disease 2019 (COVID-19). Proclamation 9994 of March 13,
2020, 85 FR 15337 (Mar. 18, 2020), available at https://www.whitehouse.gov/presidential-actions/proclamation-declaring-national-emergency-concerning-novel-coronavirus-disease-covid-19-outbreak/. In the Coronavirus Aid, Relief, and Economic Security
(CARES) Act, Congress provided that, during the emergency period
beginning on the date the President declared a national emergency with
respect to COVID-19 and ending on the date 30 days after the date on
which the national emergency declaration terminates, if the Attorney
General finds that emergency conditions will materially affect the
functioning of the Bureau of Prisons (Bureau), the Director of the
Bureau shall promulgate a regulation regarding the ability of inmates
to conduct visitation through video teleconferencing and by phone, free
of charge to inmates. See CARES Act, Public Law 116-136, Sec.
12003(c)(1), 134 Stat 281, 618 (2020) [HR 748].
On April 6, 2020, the Attorney General authorized the Bureau of
Prisons to exercise this authority under the CARES Act. The CARES Act
also exempted these regulations from the requirement of public notice
and comment in the Administrative Procedure Act, 5 U.S.C. 553. See id.
Sec. 12003(c)(2).
The final rule amends Title 28 of the Code of Federal Regulations,
part 540, to add new Sec. 540.106, Video Visiting and Telephone Calls
Under the CARES Act. Section 540.106 establishes that during the
covered emergency period, when the Attorney General determines that
emergency conditions will materially affect the functioning of the
Bureau of Prisons, the Bureau may, on a case-by-case basis, authorize
inmates to conduct visitation through video teleconferencing and
telephonically, free of charge to inmates, notwithstanding provisions
in part 540 to the contrary.
As a general matter, the Attorney General has authorized the
Director of the Bureau of Prisons to exercise or perform any of the
authority, functions, or duties conferred or imposed upon the Attorney
General by laws relating to the commitment, control, or treatment of
persons charged with or convicted of offenses against the United
States. See 28 CFR 0.96.
The final rule also indicates that access to video and telephone
visitation will only occur consistent with logistical and security
provisions in this
[[Page 37336]]
subpart to ensure Bureau safety, security and good order and protection
of the public, and may be modified, terminated, or reinstated during
the emergency period based upon a determination by the Director, as
designee of the Attorney General, regarding the level of material
effect that emergency conditions continue to have on Bureau of Prisons
functions. Further, misuse of Bureau systems or technology may result
in communication restrictions and/or disciplinary action under 28 CFR
part 541, and inmates are advised that they may challenge the Bureau's
decisions under this section through the Bureau's administrative remedy
program under 28 CFR part 542.
Regulatory Analyses
Executive Orders 12866, 13563, and 13771
This final rule has been drafted and reviewed in accordance with
Executive Orders 12866, 13563, and 13771. This final rule is not a
``significant regulatory action'' under section 3(f) of Executive Order
12866. Accordingly, it was not reviewed by OMB.
By way of background, the Bureau manages its own inmate telephone
system (ITS). There are three components that make up the system and
currently each has a different vendor: One provides software that
facilitates the call processing and billing of the call; a second is
the call carrier that transmits/facilitates the voice over internet
protocol (VOIP) call outside the prison; and a third provides the
software that maintains the inmate's account, digital call recording
storage, and security settings.
The Bureau provides inmates with the option of placing direct dial;
collect; and prepaid collect telephone calls via the ITS. Inmates
housed in Bureau facilities normally pay the following per minute rates
for direct dial telephone calls to their called parties: Direct Dial--
Local: $0.06; Direct Dial--Long Distance: $0.21; Direct Dial--Canada:
$0.35; Direct Dial--Mexico: $0.55; and Direct Dial--International:
$0.99. If inmates place collect or prepaid collect calls, the called
party will be charged applicable rates (not direct dial rates). Inmates
at those facilties that provide video visitation normally pay a rate of
$6.00 for a 25 minute video session.
The volume of calls and video sessions by prisoners normally
fluctuates during non-emergency situtations. Inmates are ordinarily
limited to calling 300 minutes per month, but the Bureau raised the
limit to 500 minutes on March 13, 2020 in recognition of the impact of
the COVID emergency to facilitate inmates' communiation with their
families. Furthermore, notwithstanding the preparation of this rule,
the Bureau implemented no-cost calling for inmates on April 9, 2020,
for the same reason. Based on recent inmate usage, the Bureau projects
that free-of-charge phone calls for inmates will cost the Bureau
approximately $7 million per month during the COVID emergency and video
sessions will cost approximately $170,000 per month. These costs are
being covered out of current Bureau of Prisons appropriations. The
total cost of the regulation is uncertain, however, because the length
of the emergency and its impact on Bureau operations is not
predictable.
Even with that uncertainty, the expected benefits of the rule
outweigh the cost for several reasons. First, the provision of free
telephone and video visitation is a compassionate response to the COVID
emergency. Enabling free visitation by alernatives means that prisoners
are able to maintain contact with their families during the COVID
emergency. Second, maintaining some form of visitation is a means of
ensuring good order and discipline during the emergency, which benefits
the safety of prisoners and staff. Third, expending resources on video
and telephone visitation benefits the health of prisoners and staff, as
well as public health overall, during the emergency by limiting
physical contact that could spread COVID. The Bureau has not identified
any specific cost savings from the rule.
Executive Order 13132
This regulation will not have substantial direct effect on the
States, on the relationship between the national government and the
States, or on distribution of power and responsibilities among the
various levels of government. Therefore, under Executive Order 13132,
this regulation does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Regulatory Flexibility Act
The Department of Justice certifies that this rule will not have a
significant economic impact upon a substantial number of small entities
because it pertains to the functioning of the BUREAU and funds
authorized and appropriated for that purpose by Congress.
Unfunded Mandates Reform Act of 1995
This regulation will not result in the expenditure by State, local
and tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Congressional Review Act
This regulation is not a major rule as defined by the Congressional
Review Act, 5 U.S.C. 804. This regulation will not result in an annual
effect on the economy of $100,000,000 or more; a major increase in
costs or prices; or significant adverse effects on competition,
employment, investment, productivity, innovation, or on the ability of
United States-based companies to compete with foreign-based companies
in domestic and export markets.
List of Subjects in 28 CFR Part 540
Prisoners.
Michael D. Carvajal,
Director, Federal Bureau of Prisons.
Under rulemaking authority vested in the Attorney General in 5
U.S.C. 301; 28 U.S.C. 509, 510 and delegated to the Director of the
Bureau of Prisons in 28 CFR 0.96, 28 CFR part 540 is amended as
follows:
0
1. The authority citation for 28 CFR part 540 is revised to read as
follows:
Authority: 5 U.S.C. 301; 551, 552a; 18 U.S.C. 1791, 3621, 3622,
3624, 4001, 4042, 4081, 4082 (Repealed in part as to offenses
committed on or after November 1, 1987), 5006-5024 (Repealed October
12, 1984 as to offenses committed after that date), 5039; 28 U.S.C.
509, 510; Coronavirus Aid, Relief, and Economic Security Act, Sec.
12003(c).
0
2. In subpart I, add Sec. 540.106 to read as follows:
Sec. 540.106 Video visiting and telephone calls under the Coronavirus
Aid, Relief, and Economic Security (CARES) Act.
(a) During the ``covered emergency period'' as defined by the CARES
Act with respect to the coronavirus disease (COVID-19), when the
Attorney General determines that emergency conditions will materially
affect the functioning of the Bureau of Prisons (Bureau), the Bureau
may, on a case-by-case basis, authorize inmates to conduct visitation
through video teleconferencing and telephonically, free of charge to
inmates, notwithstanding provisions in part 540 to the contrary.
(b) Access to video and telephone visitation will only occur
consistent with logistical and security provisions in this subpart to
ensure Bureau safety,
[[Page 37337]]
security and good order and protection of the public.
(c) Access to video and telephone visitation under this section may
be modified, terminated, or reinstated during the emergency period
based upon a determination by the Director, as designee of the Attorney
General, regarding the level of material effect that emergency
conditions continue to have on Bureau functions.
(d) Misuse of Bureau systems or technology may result in
communication restrictions and/or disciplinary action under 28 CFR part
541.
(e) Inmates may challenge the Bureau's decisions under this section
through the Bureau's administrative remedy program under 28 CFR part
542.
[FR Doc. 2020-13004 Filed 6-19-20; 8:45 am]
BILLING CODE 4410-05-P
