[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR501.2]

[Page 470]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
           CHAPTER V--BUREAU OF PRISONS, DEPARTMENT OF JUSTICE
 
PART 501--SCOPE OF RULES--Table of Contents
 
Sec. 501.2  National security cases.

    (a) Upon direction of the Attorney General, the Director, Bureau of 
Prisons, may authorize the Warden to implement special administrative 
measures that are reasonably necessary to prevent disclosure of 
classified information upon written certification to the Attorney 
General by the head of a member agency of the United States intelligence 
community that the unauthorized disclosure of such information would 
pose a threat to the national security and that there is a danger that 
the inmate will disclose such information. These special administrative 
measures ordinarily may include housing the inmate in administrative 
detention and/or limiting certain privileges, including, but not limited 
to, correspondence, visiting, interviews with representatives of the 
news media, and use of the telephone, as is reasonably necessary to 
prevent the disclosure of classified information. The authority of the 
Director under this paragraph may not be delegated below the level of 
Acting Director.
    (b) Designated staff shall provide to the affected inmate, as soon 
as practicable, written notification of the restrictions imposed and the 
basis for these restrictions. The notice's statement as to the basis may 
be limited in the interest of prison security or safety or national 
security. The inmate shall sign for and receive a copy of the 
notification.
    (c) Initial placement of an inmate in administrative detention and/
or any limitation of the inmate's privileges in accordance with 
paragraph (a) of this section may be imposed for a period of time as 
determined by the Director, Bureau of Prisons, up to one year. Special 
restrictions imposed in accordance with paragraph (a) of this section 
may be extended thereafter by the Director, Bureau of Prisons, in 
increments not to exceed one year, but only if the Attorney General 
receives from the head of a member agency of the United States 
intelligence community an additional written certification that, based 
on the information available to the agency, there is a danger that the 
inmate will disclose classified information and that the unauthorized 
disclosure of such information would pose a threat to the national 
security. The authority of the Director under this paragraph may not be 
delegated below the level of Acting Director.
    (d) The affected inmate may seek review of any special restrictions 
imposed in accordance with paragraph (a) of this section through the 
Administrative Remedy Program, 28 CFR part 542.
    (e) Other appropriate officials of the Department of Justice having 
custody of persons for whom special administrative measures are required 
may exercise the same authorities under this section as the Director of 
the Bureau of Prisons and the Warden.

[62 FR 33732, June 20, 1997, as amended at 66 FR 55065, Oct. 31, 2001]