80_FR_38787 80 FR 38658 - Inmate Commissary Account Deposit Procedures

80 FR 38658 - Inmate Commissary Account Deposit Procedures

DEPARTMENT OF JUSTICE
Bureau of Prisons

Federal Register Volume 80, Issue 129 (July 7, 2015)

Page Range38658-38660
FR Document2015-16637

In 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.

Federal Register, Volume 80 Issue 129 (Tuesday, July 7, 2015)
[Federal Register Volume 80, Number 129 (Tuesday, July 7, 2015)]
[Proposed Rules]
[Pages 38658-38660]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16637]


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

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 506

[BOP Docket No. 1156-P]
RIN 1120-ABXX


Inmate Commissary Account Deposit Procedures

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed rule.

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

SUMMARY: In 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.

DATES: Comments must be received by September 8, 2015.

ADDRESSES: Submit comments to Rules Unit, Office of General Counsel, 
Bureau of Prisons, 320 First Street NW., Washington, DC 20534.

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

SUPPLEMENTARY INFORMATION:

Posting of Public Comments

    Please note that all comments received are considered part of the 
public record and made available for public inspection online at 
www.regulations.gov. Such information includes personal identifying 
information (such as your name, address, etc.) voluntarily submitted by 
the commenter.
    If you want to submit personal identifying information (such as 
your name, address, etc.) as part of your comment, but do not want it 
to be posted online, you must include the phrase ``PERSONAL IDENTIFYING 
INFORMATION'' in the first paragraph of your comment. You must also 
locate all the personal identifying information you do not want posted 
online in the first paragraph of your comment and identify what 
information you want redacted.
    If you want to submit confidential business information as part of 
your comment but do not want it to be posted online, you must include 
the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph 
of your comment. You must also prominently identify confidential 
business information to be redacted within the comment. If a comment 
contains so much confidential business information that it cannot be 
effectively redacted, all or part of that comment may not be posted on 
www.regulations.gov.
    Personal identifying information identified and located as set 
forth above will be placed in the agency's public docket file, but not 
posted online. Confidential business information identified and located 
as set forth above will not be placed in the public docket file. If you 
wish to inspect the agency's public docket file in person by 
appointment, please see the ``For Further Information Contact'' 
paragraph.
    The Proposed Rule: The Bureau proposes to amend and clarify its 
inmate commissary account regulations, published on July 2, 2004 (69 FR 
40315). The proposed revisions are explained below.

Section 506.1 Purpose

    In this regulation, we reiterate the purpose of the inmate 
commissary account deposit program, as stated in the current 
regulation. We also state that the Bureau operates and maintains 
individual inmate commissary accounts in a manner that preserves the 
safety, security, and good order of Bureau institutions, and protects 
the public.

Section 506.2 Methods of depositing funds into an inmate commissary 
account

    In this regulation, the Bureau clarifies that funds from family, 
friends, or other sources, may be deposited into an inmate commissary 
account by mail or electronic deposit. Subparagraph (a) simply 
paraphrases language in current Sec.  506.2(a).
    Subparagraph (b) allows for electronic deposits, which may be sent 
from persons in the community through service providers (for example, a 
financial institution as defined in 31 U.S.C. 5312(a)(2), bank, money 
service business, or money service provider or processor), and 
forwarded to the individual inmate's commissary account, as authorized 
and directed by the Bureau.

Section 506.3 Consent to collection and use of sender's transactional 
and personal identification data

    This regulation will clarify that persons sending or depositing, or 
attempting to send or deposit, funds to an inmate's commissary account 
under this subpart are required to provide all related transactional 
data, including the sender's personal identification information, to 
(1) the Bureau; and (2) the service provider(s) (for example, a 
financial institution, bank, money service business, or money service 
provider or processor) in accordance with the provisions of its 
agreement for providing service to the Bureau.
    System of records BOP-006, Inmate Trust Fund Accounts and 
Commissary Record System, currently authorizes the Bureau to collect 
``personal identification data for persons who send or receive funds 
to/from inmates. This regulation serves to put the public on notice 
that such data will be collected whenever funds are sent or attempted 
to be sent to an inmate, regardless of the form of the deposit.
    This regulation will also clarify that by sending or depositing, or 
attempting to send or deposit, funds to an inmate's commissary account 
under this subpart, a person consents to the collection, review, use, 
disclosure, and retention of, all related transactional data, including 
the sender's personal identification information, by both (1) the 
Bureau, pursuant to the applicable Privacy Act system(s) of records; 
and (2) the service provider in accordance with the provisions of its 
agreement for providing service to the Bureau.
    This rule is in compliance with the Right to Financial Privacy Act, 
12 U.S.C.

[[Page 38659]]

3401 et seq. (the RFPA), which allows federal agencies to have access 
to or obtain copies of the financial records of any customer from a 
financial institution only if the financial records are reasonably 
described and . . . the financial records are disclosed in response to 
a formal written request which meets certain notice and other technical 
requirements. 12 U.S.C. 3402(5).
    RFPA provides that a financial institution cannot release a 
customer's financial records unless and until the federal government 
authority seeking the records certifies in writing to the financial 
institution that the authority has complied with the applicable 
provisions of the RFPA or unless the release of such records falls 
within one of the RFPA's delineated exceptions.
    The Bureau allows transfers into inmate accounts via the use of 
``money transmitters,'' or ``monetary service'' providers which do not 
qualify as ``financial institutions'' under the RFPA. Except as 
provided in Section 3414 of the RFPA (which allows for disclosures in 
connection with terrorism investigations and other exigent 
circumstances), a ``financial institution'' means ``any office of a 
bank, savings bank, card issuer as defined in section 1602(n) of Title 
15 [of the United States Code], industrial loan company, trust company, 
savings association, building and loan, or homestead association 
(including cooperative banks), credit union or consumer finance 
institution located in any State or territory of the United States, 
District of Columbia, Puerto Rico, Guam, American Samoa, or the Virgin 
Islands.'' 12 U.S.C. 3401(1).
    The ``monetary service'' providers that facilitate outside deposits 
into inmate accounts are not among the entities covered by the 
definition of ``financial institution'' above. Therefore, such entities 
are not ``financial institutions'' for purposes of the RFPA's general 
restrictions on providing personally identifiable records to federal 
government authorities.
    Further, the legitimate law enforcement purpose for this rule is to 
use transactional information of people who deposit funds into inmate 
accounts in order to detect unlawful activity. Continuous and routine 
deposits into an inmate's account, sometimes from fraudulent sources, 
have been linked to unlawful conducting of a business by an inmate or 
other inmate-involved unlawful activity, such as drug trafficking, 
money laundering, fraudulent income tax returns, gambling, attempted 
criminal assault, and other such unlawful activities. This rule is 
intended to provide notice to those members of the public who deposit 
funds into inmate accounts that their transactional information will be 
retained for the purpose of detecting unlawful activity.

Executive Order 12866

    The Director certifies that this rule is a ``significant regulatory 
action'' under section 3(f) of Executive Order 12866 and therefore was 
reviewed by the Office of Management and Budget for review.

Executive Order 13132

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on distribution of power and responsibilities among the 
various levels of government. Under Executive Order 13132, this rule 
does not have sufficient federalism implications for which we would 
prepare a Federalism Assessment.

Regulatory Flexibility Act

    The Director of the Bureau of Prisons, under the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), reviewed this regulation. By 
approving it, the Director certifies that it will not have a 
significant economic impact upon a substantial number of small entities 
because: This rule is about the correctional management of offenders 
committed to the custody of the Attorney General and the Director of 
the Bureau of Prisons, and its economic impact is limited to the 
Bureau's appropriated funds.

Unfunded Mandates Reform Act of 1995

    This rule will not cause State, local and tribal governments, or 
the private sector, to spend $100,000,000 or more in any one year, and 
it will not significantly or uniquely affect small governments. We do 
not need to take action under the Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. This rule 
will not result in an annual effect on the economy of $100,000,000 or 
more; a major increase in costs or prices; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based companies to 
compete with foreign-based companies in domestic and export markets.

List of Subjects in 28 CFR Part 506

    Prisoners.

L.C. Eichenlaub,
Deputy Director, Bureau of Prisons.

    Under the rulemaking authority vested in the Attorney General in 5 
U.S.C. 552(a) and delegated to the Director, Bureau of Prisons, we 
propose to revise 28 CFR part 506 to read as follows:

PART 506--INMATE COMMISSARY ACCOUNT

Sec.
506.1 Purpose.
506.2 Methods of depositing funds into an inmate commissary account.
506.3 Consent to collection and use of sender's transactional and 
personal identification data.

    Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042, 
4081, 4082 (Repealed in part as to offenses committed on or after 
November 1, 1987), 5006-5024 (Repealed October 12, 1984 as to 
offenses committed after that date), 5039; 28 U.S.C. 509, 510; 31 
U.S.C. 1321.


Sec.  506.1  Purpose.

    The purpose of this subpart is to describe the Bureau's operation 
and maintenance of individual inmate commissary accounts in a manner 
that preserves the safety, security, and good order of Bureau 
institutions, and protects the public. Family, friends, or other 
sources may send and deposit funds into these accounts, and inmates may 
withdraw funds from these accounts, as authorized by the Bureau.


Sec.  506.2  Methods of depositing funds into an inmate commissary 
account.

    Family, friends, and other sources, (such as senders of tax 
refunds, dividends from stocks, or state benefits) may send or deposit 
funds into an inmate's commissary account by the following methods:
    (a) By mail. Funds for deposit must be sent to the centralized 
inmate commissary account address we provide. Deposits must be in the 
form of a money order made out to the inmate's full name and complete 
register number. Personal checks will be returned to the sender, if an 
adequate return address is provided. The deposit envelope must not 
contain any enclosure(s) intended for delivery to the inmate. Any such 
enclosure(s) will be disposed.
    (b) By electronic deposit. Electronic deposits of funds may be sent 
from persons in the community through service providers (for example, a 
financial institution, bank, money service business, or money service 
provider or processor), and forwarded to

[[Page 38660]]

the individual inmate's commissary account, as authorized and directed 
by the Bureau.


Sec.  506.3  Consent to collection and use of sender's transactional 
and personal identification data.

    Persons sending or depositing, or attempting to send or deposit, 
funds to an inmate's commissary account under this subpart are required 
to provide, and consent to the collection, review, use, disclosure, and 
retention of, all related transactional data, including the sender's 
personal identification information, to:
    (a) The Bureau, pursuant to the applicable Privacy Act system(s) of 
records; and
    (b) The service provider(s) (for example, a financial institution, 
bank, money service business, or money service provider or processor) 
involved with the inmate commissary account program as authorized and 
directed by the Bureau in accordance with its agreement for providing 
service to the Bureau.
[FR Doc. 2015-16637 Filed 7-6-15; 8:45 am]
 BILLING CODE 4410-05-P



                                                38658                     Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Proposed Rules

                                                (i) Related Information                                  Counsel, Bureau of Prisons, phone (202)               security, and good order of Bureau
                                                   (1) Refer to Mandatory Continuing                     307–2105, email BOPRULES@BOP.GOV.                     institutions, and protects the public.
                                                Airworthiness Information (MCAI) Canadian                SUPPLEMENTARY INFORMATION:
                                                Airworthiness Directive CF–2014–35, dated
                                                                                                                                                               Section 506.2 Methods of depositing
                                                October 17, 2014, for related information.               Posting of Public Comments                            funds into an inmate commissary
                                                This MCAI may be found in the AD docket                                                                        account
                                                on the Internet at http://www.regulations.gov
                                                                                                            Please note that all comments
                                                                                                         received are considered part of the                      In this regulation, the Bureau clarifies
                                                by searching for and locating Docket No.                                                                       that funds from family, friends, or other
                                                FAA–2015–2457.                                           public record and made available for
                                                                                                         public inspection online at                           sources, may be deposited into an
                                                   (2) For service information identified in
                                                                                                         www.regulations.gov. Such information                 inmate commissary account by mail or
                                                this AD, contact Bombardier, Inc., 400 Côte-
                                                Vertu Road West, Dorval, Québec H4S 1Y9,                includes personal identifying                         electronic deposit. Subparagraph (a)
                                                Canada; telephone 514–855–5000; fax 514–                 information (such as your name,                       simply paraphrases language in current
                                                855–7401; email                                          address, etc.) voluntarily submitted by               § 506.2(a).
                                                thd.crj@aero.bombardier.com; Internet http://                                                                     Subparagraph (b) allows for electronic
                                                                                                         the commenter.
                                                www.bombardier.com. You may view this                                                                          deposits, which may be sent from
                                                service information at the FAA, Transport
                                                                                                            If you want to submit personal                     persons in the community through
                                                Airplane Directorate, 1601 Lind Avenue SW.,              identifying information (such as your                 service providers (for example, a
                                                Renton, WA. For information on the                       name, address, etc.) as part of your                  financial institution as defined in 31
                                                availability of this material at the FAA, call           comment, but do not want it to be                     U.S.C. 5312(a)(2), bank, money service
                                                425–227–1221.                                            posted online, you must include the                   business, or money service provider or
                                                                                                         phrase ‘‘PERSONAL IDENTIFYING                         processor), and forwarded to the
                                                  Issued in Renton, Washington, on June 25,              INFORMATION’’ in the first paragraph
                                                2015.                                                                                                          individual inmate’s commissary
                                                                                                         of your comment. You must also locate                 account, as authorized and directed by
                                                Jeffrey E. Duven,                                        all the personal identifying information
                                                Manager, Transport Airplane Directorate,                                                                       the Bureau.
                                                                                                         you do not want posted online in the
                                                Aircraft Certification Service.                          first paragraph of your comment and                   Section 506.3 Consent to collection
                                                [FR Doc. 2015–16465 Filed 7–6–15; 8:45 am]               identify what information you want                    and use of sender’s transactional and
                                                BILLING CODE 4910–13–P                                   redacted.                                             personal identification data
                                                                                                            If you want to submit confidential                    This regulation will clarify that
                                                                                                         business information as part of your                  persons sending or depositing, or
                                                DEPARTMENT OF JUSTICE                                    comment but do not want it to be posted               attempting to send or deposit, funds to
                                                                                                         online, you must include the phrase                   an inmate’s commissary account under
                                                Bureau of Prisons                                        ‘‘CONFIDENTIAL BUSINESS                               this subpart are required to provide all
                                                                                                         INFORMATION’’ in the first paragraph                  related transactional data, including the
                                                28 CFR Part 506                                          of your comment. You must also                        sender’s personal identification
                                                                                                         prominently identify confidential                     information, to (1) the Bureau; and (2)
                                                [BOP Docket No. 1156–P]
                                                                                                         business information to be redacted                   the service provider(s) (for example, a
                                                RIN 1120–ABXX                                            within the comment. If a comment                      financial institution, bank, money
                                                                                                         contains so much confidential business                service business, or money service
                                                Inmate Commissary Account Deposit                        information that it cannot be effectively             provider or processor) in accordance
                                                Procedures                                               redacted, all or part of that comment                 with the provisions of its agreement for
                                                                                                         may not be posted on                                  providing service to the Bureau.
                                                AGENCY:    Bureau of Prisons, Justice.
                                                                                                         www.regulations.gov.                                     System of records BOP–006, Inmate
                                                ACTION:   Proposed rule.                                    Personal identifying information                   Trust Fund Accounts and Commissary
                                                SUMMARY:    In this document, the Bureau                 identified and located as set forth above             Record System, currently authorizes the
                                                of Prisons (Bureau) proposes to amend                    will be placed in the agency’s public                 Bureau to collect ‘‘personal
                                                its regulations on inmate commissary                     docket file, but not posted online.                   identification data for persons who send
                                                account deposit procedures and                           Confidential business information                     or receive funds to/from inmates. This
                                                requirements to provide clarification.                   identified and located as set forth above             regulation serves to put the public on
                                                Specifically, the amendments will                        will not be placed in the public docket               notice that such data will be collected
                                                clarify that, regardless of the form or                  file. If you wish to inspect the agency’s             whenever funds are sent or attempted to
                                                method of the deposit (by mail or                        public docket file in person by                       be sent to an inmate, regardless of the
                                                electronic deposit), the Bureau is                       appointment, please see the ‘‘For                     form of the deposit.
                                                authorized to obtain transaction                         Further Information Contact’’ paragraph.                 This regulation will also clarify that
                                                information about the sender, and the                       The Proposed Rule: The Bureau                      by sending or depositing, or attempting
                                                sender is required to provide such                       proposes to amend and clarify its                     to send or deposit, funds to an inmate’s
                                                information to the Bureau and its                        inmate commissary account regulations,                commissary account under this subpart,
                                                authorized service providers if the                      published on July 2, 2004 (69 FR                      a person consents to the collection,
                                                sender seeks to deposit funds in an                      40315). The proposed revisions are                    review, use, disclosure, and retention of,
                                                inmate’s commissary account.                             explained below.                                      all related transactional data, including
                                                                                                                                                               the sender’s personal identification
                                                DATES: Comments must be received by                      Section 506.1       Purpose
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                                                                                                                               information, by both (1) the Bureau,
                                                September 8, 2015.                                         In this regulation, we reiterate the                pursuant to the applicable Privacy Act
                                                ADDRESSES: Submit comments to Rules                      purpose of the inmate commissary                      system(s) of records; and (2) the service
                                                Unit, Office of General Counsel, Bureau                  account deposit program, as stated in                 provider in accordance with the
                                                of Prisons, 320 First Street NW.,                        the current regulation. We also state that            provisions of its agreement for
                                                Washington, DC 20534.                                    the Bureau operates and maintains                     providing service to the Bureau.
                                                FOR FURTHER INFORMATION CONTACT:                         individual inmate commissary accounts                    This rule is in compliance with the
                                                Sarah Qureshi, Office of General                         in a manner that preserves the safety,                Right to Financial Privacy Act, 12 U.S.C.


                                           VerDate Sep<11>2014   20:31 Jul 06, 2015   Jkt 235001   PO 00000   Frm 00003   Fmt 4702   Sfmt 4702   E:\FR\FM\07JYP1.SGM   07JYP1


                                                                          Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Proposed Rules                                               38659

                                                3401 et seq. (the RFPA), which allows                    those members of the public who                       List of Subjects in 28 CFR Part 506
                                                federal agencies to have access to or                    deposit funds into inmate accounts that                  Prisoners.
                                                obtain copies of the financial records of                their transactional information will be
                                                any customer from a financial                            retained for the purpose of detecting                 L.C. Eichenlaub,
                                                institution only if the financial records                unlawful activity.                                    Deputy Director, Bureau of Prisons.
                                                are reasonably described and . . . the                                                                           Under the rulemaking authority
                                                financial records are disclosed in                       Executive Order 12866
                                                                                                                                                               vested in the Attorney General in 5
                                                response to a formal written request                        The Director certifies that this rule is           U.S.C. 552(a) and delegated to the
                                                which meets certain notice and other                     a ‘‘significant regulatory action’’ under             Director, Bureau of Prisons, we propose
                                                technical requirements. 12 U.S.C.                        section 3(f) of Executive Order 12866                 to revise 28 CFR part 506 to read as
                                                3402(5).                                                 and therefore was reviewed by the                     follows:
                                                   RFPA provides that a financial                        Office of Management and Budget for
                                                institution cannot release a customer’s                  review.                                               PART 506—INMATE COMMISSARY
                                                financial records unless and until the                                                                         ACCOUNT
                                                federal government authority seeking                     Executive Order 13132
                                                the records certifies in writing to the                    This regulation will not have                       Sec.
                                                financial institution that the authority                                                                       506.1 Purpose.
                                                                                                         substantial direct effects on the States,             506.2 Methods of depositing funds into an
                                                has complied with the applicable                         on the relationship between the national
                                                provisions of the RFPA or unless the                                                                                inmate commissary account.
                                                                                                         government and the States, or on                      506.3 Consent to collection and use of
                                                release of such records falls within one                 distribution of power and                                  sender’s transactional and personal
                                                of the RFPA’s delineated exceptions.                     responsibilities among the various                         identification data.
                                                   The Bureau allows transfers into                      levels of government. Under Executive
                                                inmate accounts via the use of ‘‘money                                                                            Authority: 5 U.S.C. 301; 18 U.S.C. 3621,
                                                                                                         Order 13132, this rule does not have                  3622, 3624, 4001, 4042, 4081, 4082 (Repealed
                                                transmitters,’’ or ‘‘monetary service’’                  sufficient federalism implications for
                                                providers which do not qualify as                                                                              in part as to offenses committed on or after
                                                                                                         which we would prepare a Federalism                   November 1, 1987), 5006–5024 (Repealed
                                                ‘‘financial institutions’’ under the RFPA.
                                                                                                         Assessment.                                           October 12, 1984 as to offenses committed
                                                Except as provided in Section 3414 of                                                                          after that date), 5039; 28 U.S.C. 509, 510; 31
                                                the RFPA (which allows for disclosures                   Regulatory Flexibility Act                            U.S.C. 1321.
                                                in connection with terrorism
                                                                                                           The Director of the Bureau of Prisons,              § 506.1    Purpose.
                                                investigations and other exigent
                                                circumstances), a ‘‘financial institution’’              under the Regulatory Flexibility Act (5
                                                                                                                                                                 The purpose of this subpart is to
                                                means ‘‘any office of a bank, savings                    U.S.C. 605(b)), reviewed this regulation.
                                                                                                                                                               describe the Bureau’s operation and
                                                bank, card issuer as defined in section                  By approving it, the Director certifies
                                                                                                                                                               maintenance of individual inmate
                                                1602(n) of Title 15 [of the United States                that it will not have a significant
                                                                                                                                                               commissary accounts in a manner that
                                                Code], industrial loan company, trust                    economic impact upon a substantial
                                                                                                                                                               preserves the safety, security, and good
                                                company, savings association, building                   number of small entities because: This
                                                                                                                                                               order of Bureau institutions, and
                                                and loan, or homestead association                       rule is about the correctional
                                                                                                                                                               protects the public. Family, friends, or
                                                (including cooperative banks), credit                    management of offenders committed to
                                                                                                                                                               other sources may send and deposit
                                                union or consumer finance institution                    the custody of the Attorney General and
                                                                                                                                                               funds into these accounts, and inmates
                                                located in any State or territory of the                 the Director of the Bureau of Prisons,
                                                                                                                                                               may withdraw funds from these
                                                United States, District of Columbia,                     and its economic impact is limited to
                                                                                                                                                               accounts, as authorized by the Bureau.
                                                Puerto Rico, Guam, American Samoa, or                    the Bureau’s appropriated funds.
                                                the Virgin Islands.’’ 12 U.S.C. 3401(1).                                                                       § 506.2 Methods of depositing funds into
                                                                                                         Unfunded Mandates Reform Act of 1995
                                                   The ‘‘monetary service’’ providers                                                                          an inmate commissary account.
                                                that facilitate outside deposits into                      This rule will not cause State, local                  Family, friends, and other sources,
                                                inmate accounts are not among the                        and tribal governments, or the private                (such as senders of tax refunds,
                                                entities covered by the definition of                    sector, to spend $100,000,000 or more in              dividends from stocks, or state benefits)
                                                ‘‘financial institution’’ above. Therefore,              any one year, and it will not                         may send or deposit funds into an
                                                such entities are not ‘‘financial                        significantly or uniquely affect small                inmate’s commissary account by the
                                                institutions’’ for purposes of the RFPA’s                governments. We do not need to take                   following methods:
                                                general restrictions on providing                        action under the Unfunded Mandates                       (a) By mail. Funds for deposit must be
                                                personally identifiable records to federal               Reform Act of 1995.                                   sent to the centralized inmate
                                                government authorities.                                  Small Business Regulatory Enforcement                 commissary account address we
                                                   Further, the legitimate law                                                                                 provide. Deposits must be in the form of
                                                                                                         Fairness Act of 1996
                                                enforcement purpose for this rule is to                                                                        a money order made out to the inmate’s
                                                use transactional information of people                    This rule is not a major rule as                    full name and complete register number.
                                                who deposit funds into inmate accounts                   defined by section 804 of the Small                   Personal checks will be returned to the
                                                in order to detect unlawful activity.                    Business Regulatory Enforcement                       sender, if an adequate return address is
                                                Continuous and routine deposits into an                  Fairness Act of 1996. This rule will not              provided. The deposit envelope must
                                                inmate’s account, sometimes from                         result in an annual effect on the                     not contain any enclosure(s) intended
                                                fraudulent sources, have been linked to                  economy of $100,000,000 or more; a                    for delivery to the inmate. Any such
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                unlawful conducting of a business by an                  major increase in costs or prices; or                 enclosure(s) will be disposed.
                                                inmate or other inmate-involved                          significant adverse effects on                           (b) By electronic deposit. Electronic
                                                unlawful activity, such as drug                          competition, employment, investment,                  deposits of funds may be sent from
                                                trafficking, money laundering,                           productivity, innovation, or on the                   persons in the community through
                                                fraudulent income tax returns,                           ability of United States-based                        service providers (for example, a
                                                gambling, attempted criminal assault,                    companies to compete with foreign-                    financial institution, bank, money
                                                and other such unlawful activities. This                 based companies in domestic and                       service business, or money service
                                                rule is intended to provide notice to                    export markets.                                       provider or processor), and forwarded to


                                           VerDate Sep<11>2014   20:31 Jul 06, 2015   Jkt 235001   PO 00000   Frm 00004   Fmt 4702   Sfmt 4702   E:\FR\FM\07JYP1.SGM   07JYP1


                                                38660                     Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Proposed Rules

                                                the individual inmate’s commissary                       consent to the collection, review, use,               money service business, or money
                                                account, as authorized and directed by                   disclosure, and retention of, all related             service provider or processor) involved
                                                the Bureau.                                              transactional data, including the                     with the inmate commissary account
                                                                                                         sender’s personal identification                      program as authorized and directed by
                                                § 506.3 Consent to collection and use of
                                                                                                         information, to:                                      the Bureau in accordance with its
                                                sender’s transactional and personal
                                                identification data.                                        (a) The Bureau, pursuant to the                    agreement for providing service to the
                                                   Persons sending or depositing, or                     applicable Privacy Act system(s) of                   Bureau.
                                                attempting to send or deposit, funds to                  records; and                                          [FR Doc. 2015–16637 Filed 7–6–15; 8:45 am]
                                                an inmate’s commissary account under                        (b) The service provider(s) (for                   BILLING CODE 4410–05–P
                                                this subpart are required to provide, and                example, a financial institution, bank,
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                           VerDate Sep<11>2014   20:31 Jul 06, 2015   Jkt 235001   PO 00000   Frm 00005   Fmt 4702   Sfmt 9990   E:\FR\FM\07JYP1.SGM   07JYP1



Document Created: 2015-12-15 13:27:35
Document Modified: 2015-12-15 13:27:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received by September 8, 2015.
ContactSarah Qureshi, Office of General Counsel, Bureau of Prisons, phone (202) 307-2105, email [email protected]
FR Citation80 FR 38658 
RIN Number1120-ABXX

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR