[Federal Register Volume 65, Number 137 (Monday, July 17, 2000)]
[Proposed Rules]
[Pages 44401-44402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18049]
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 540
[BOP-1096-P]
RIN 1120-AA92
Occupational Education Programs
AGENCY: Bureau of Prisons, Justice.
ACTION: Proposed rule.
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SUMMARY: In this document, the Bureau of Prisons is proposing to amend
its regulations on occupational education programs in order to exclude,
with certain exceptions, inmates currently under an order of
deportation, exclusion, or removal, and to remove obsolete or redundant
provisions. This amendment is intended to help ensure that available
educational opportunities for occupational training ordinarily will be
allocated to inmates who will be returning to the community within,
rather than outside, the United States upon release.
DATES: Comments due by September 15, 2000.
ADDRESSES: Rules Unit, Office of General Counsel, Bureau of Prisons,
HOLC Room 754, 320 First Street, NW., Washington, DC 20534.
FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Office of General
Counsel, Bureau of Prisons, phone (202) 514-6655.
SUPPLEMENTARY INFORMATION: The Bureau of Prisons is proposing to amend
its regulations on occupational education programs (28 CFR part 544,
subpart F). Current regulations on this subject were published in the
Federal Register on March 29, 1988 (53 FR 10204).
The Bureau's occupational education programs are designed to
enhance post-release employment opportunities for inmates with
occupational training needs. The Bureau is revising its regulations on
occupational education programs in order to exclude, with certain
exceptions, inmates currently under an order of deportation, exclusion,
or removal, and to remove obsolete or redundant provisions. An inmate
or detainee who is currently under an order of deportation, exclusion,
or removal may be considered for placement in an occupational education
program if the Attorney General has determined that the inmate or
detainee cannot be removed from the United States because the
designated country of removal will not accept his/her return. Under
internal agency procedures, the Immigration and Naturalization Service
is responsible for informing the Bureau when an inmate/detainee's
designated country of removal will not accept his/her return. In
restricting other inmates under an order of deportation, removal, or
exclusion from consideration, the Bureau intends to help ensure that
available educational opportunities for occupational training
ordinarily will be allocated to inmates who will be returning to the
community within, rather than outside, the United States upon release.
In revising the regulations, the Bureau has included procedures for
making application similar to revised procedures for postsecondary
education programs (see the Bureau's proposed rule published elsewhere
in today's Federal Register) and has reorganized the provisions in
order to remove obsolete or redundant provisions and to improve general
clarity.
Interested persons may participate in this proposed rulemaking by
submitting
[[Page 44402]]
data, views, or arguments in writing to the Rules Unit, Office of
General Counsel, Bureau of Prisons, 320 First Street, NW., HOLC Room
754, Washington, DC 20534. Comments received during the comment period
will be considered before final action is taken. Comments received
after the expiration of the comment period will be considered to the
extent practicable. All comments received remain on file for public
inspection at the above address. The proposed rule may be changed in
light of the comments received. No oral hearings are contemplated.
Executive Order 12866
This rule falls within a category of actions that the Office of
Management and Budget (OMB) has determined not to constitute
``significant regulatory actions'' under section 3(f) of Executive
Order 12866 and, accordingly, it was not reviewed by OMB.
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. Therefore, in accordance with Executive
Order 13132, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Regulatory Flexibility Act
The Director of the Bureau of Prisons, in accordance with the
Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this
regulation and by approving it certifies that this regulation will not
have a significant economic impact upon a substantial number of small
entities for the following reasons: This rule pertains to the
correctional management of offenders committed to the custody of the
Attorney General or 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 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.
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.
Plain Language Instructions
We try to write clearly. If you can suggest how to improve the
clarity of these regulations, call or write Roy Nanovic at the address
listed above.
List of Subjects in 28 CFR Part 544
Prisoners.
Kathleen Hawk Sawyer,
Director, Bureau of Prisons.
Accordingly, pursuant to the rulemaking authority vested in the
Attorney General in 5 U.S.C. 552(a) and delegated to the Director,
Bureau of Prisons in 28 CFR 0.96(o), part 544 in subchapter C of 28
CFR, chapter V is proposed to be amended as set forth below.
SUBCHAPTER C--INSTITUTIONAL MANAGEMENT
PART 544--EDUCATION
1. The authority citation for 28 CFR part 544 continues to read as
follows:
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; 28
CFR 0.95-0.99.
2. Subpart F is revised to read as follows:
Subpart F--Occupational Education Programs
Sec.
544.50 Purpose and scope.
544.51 Procedures.
544.52 Levels of Occupational Education Programs.
Subpart F--Occupational Education Programs
Sec. 544.50 Purpose and scope.
The Bureau of Prisons offers eligible inmates the opportunity under
its occupational education programs to participate in occupational
education courses for the purpose of obtaining marketable skills
designed to enhance post-release employment opportunities.
Sec. 544.51 Procedures.
(a) An inmate is eligible to participate in an institution's
occupational education program unless the inmate is currently under an
order of deportation, exclusion, or removal. However, an inmate or
detainee who is currently under an order of deportation, exclusion, or
removal may be considered for placement in an occupational education
program if the Attorney General has determined that the inmate or
detainee cannot be removed from the United States because the
designated country of removal will not accept his/her return.
(b) An eligible inmate must apply through the inmate's unit team
for placement consideration. The unit team is responsible for
determining that the occupational education course is appropriate for
the inmate's apparent needs.
Sec. 544.52 Levels of Occupational Education Programs.
Occupational education programs are offered at the certificate
level and the classroom level. Each level may include the following
types of training:
(a) Exploratory Training. Exploratory training is a study of
occupations and industries for the purpose of providing the student
with a general knowledge of the occupation and the world of work,
rather than specific skill development.
(b) Marketable Training. Marketable training provides specific
entry-level or advanced job skills. Marketable training may include
``live work'', that is, the training would result in a product or
service produced by the inmate for actual use by the institution, FPI,
another federal agency, or community service project.
(c) Apprentice Training. Apprentice training provides an inmate the
opportunity to participate in training which prepares the inmate for
employment in various trades through structured apprenticeship programs
approved at the state and national levels by the Bureau of
Apprenticeship and Training, U.S. Department of Labor.
[FR Doc. 00-18049 Filed 7-14-00; 8:45 am]
BILLING CODE 4410-05-P