View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

DOJ/BOP RIN: 1120-AB67 Publication ID: Fall 2023 
Title: Use of Chemical Agents or Other Less-Than-Lethal Force in Immediate Use of Force Situations 

In this document, the Bureau of Prisons (Bureau) proposes to amend its regulation on the use of chemical agents or other less-than-lethal force and to indicate that such use is authorized for staff in immediate use of force situations. We also make a few minor edits for clarification and organization.  This proposed rule changes one specific regulatory provision (28 CFR 552.25) to emphasize that Bureau staff are authorized to use less-than-lethal force by way of chemical munitions (i.e., "OC” spray) pursuant to the subpart. The impetuses behind this rule were pilot programs allowing use of OC spray in use-of-force situations and the Eric Williams Correctional Officer Protection Act of 2015 (Act), which authorized the Bureau to issue, on a routine basis, oleoresin capsicum spray to: (1) any officer or employee of the Bureau of Prisons who (A) is employed in a prison that is not a minimum or low security prison; and (B) may respond to an emergency situation in such a prison; and (2) to such additional officers and employees of prisons as the Director determines appropriate, in accordance with this section (18 U.S.C. 4049(a)).

Agency: Department of Justice(DOJ)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 28 CFR 552.25   
Legal Authority: 5 U.S.C. 301    18 U.S.C. 3621, 3622, 3624, 4001, 4042, 4081 and 4082 (repealed in part as to offenses committed on or after Nov. 1, 1987)    18 U.S.C. 5006 to 5024 (repealed Oct. 12, 1984 as to offenses committed after that date)    18 U.S.C. 5039    28 U.S.C. 509 and 510    28 CFR 0.95 to 0.99   
Legal Deadline:  None
Action Date FR Cite
NPRM  02/29/2016  81 FR 10153   
NPRM Comment Period End  04/29/2016 
Final Action  07/00/2024 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Daniel J. Crooks III
Assistant General Counsel, Rules Administrator
Department of Justice
Bureau of Prisons
HOLC Building, 320 First Street NW,
Washington, DC 20534
Phone:202 451-7992
Fax:202 235-4577