[Federal Register Volume 65, Number 137 (Monday, July 17, 2000)]
[Proposed Rules]
[Pages 44400-44401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18050]
[[Page 44399]]
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Part V
Department of Justice
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Bureau of Prisons
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28 CFR Parts 540 and 544
Postsecondary Education Programs and Occupational Education Programs;
Proposed Rules
Federal Register / Vol. 65, No. 137 / Monday, July 17, 2000 /
Proposed Rules
[[Page 44400]]
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 544
[BOP-1019-P]
RIN 1120-AA25
Postsecondary 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 postsecondary education programs to exclude courses
which are offered as part of an occupational education program. Courses
which are offered as part of an occupational education program are to
be covered by separate Bureau regulations. Consequently, the inmate is
to be responsible for paying postsecondary education tuition costs
either through personal funds, community resources, or scholarships
available to the inmate. This amendment is intended to simplify the
organization of the Bureau's regulations and to conform with the usual
community standards of government-funded educational opportunities
available to the general public.
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 postsecondary education programs (28 CFR part 544,
subpart C). Current regulations on this subject were published in the
Federal Register on May 7, 1997 (62 FR 25100).
Why Is the Bureau Revising Its Regulations on Postsecondary
Education Programs?
The current regulations on postsecondary education programs
generally require the inmate to pay for tuition. If resources allow,
however, the institution may pay the tuition if all of the following
apply: The inmate is unable to pay; the course is directly related to
preparation for a specific occupation/vocation; and the course is part
of a one year certificate or a two year Associate Arts degree program.
The Bureau is reorganizing and revising its regulations in order to
cover occupational education courses separately (see the Bureau's
proposed rule on Occupational Education Programs published elsewhere in
today's Federal Register). Consequently, there is no need to make any
determinations under the postsecondary education program as to the
responsibility for payment. The inmate is to be responsible for
postsecondary education tuition costs either through personal funds,
community resources, or available scholarships. This conforms to the
usual community standards for government-funded educational
opportunities available to the general public. Under the usual
community standards, the local government funds public elementary and
secondary school systems. The individual is responsible for paying
tuition for postsecondary education. In revising the regulations on
postsecondary education programs, the Bureau is also eliminating
unnecessary definitions and is restating eligibility criteria in
plainer language.
Who Is Affected by the Changes Being Made to the Regulations?
The regulations are applicable to all Federal inmates. The actual
effect of the changes on inmates is likely to be minimal. Postsecondary
education courses pertinent to the vocational education needs of
inmates can be funded by the institution when offered through a Bureau-
approved occupational education program. An inmate who has the
financial resources to pay for tuition costs may continue to take
postsecondary courses provided that the courses are appropriate for the
institution's need for discipline, security, and good order. Most
postsecondary education courses do not pose problems to institution
discipline, security, and good order. However, a course in waste
treatment management, for example, which requires the unsupervised use
of particular tools may pose problems for institution security. Such a
course would likely not be approved.
The combined effect of the proposed revisions to the Bureau's
regulations on Postsecondary Education and Occupational Education
Programs is to ensure that Bureau funding of occupational education
courses occurs as part of a comprehensive occupational education
program designed to address the general occupational education needs of
the greatest number of inmates as is practicable.
Interested persons may participate in this proposed rulemaking by
submitting 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.
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Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by Sec. 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 C is revised to read as follows:
Subpart C--Postsecondary Education Programs for Inmates
Sec.
544.20 Purpose and scope.
544.21 Procedures.
Subpart C--Postsecondary Education Programs for Inmates
Sec. 544.20 Purpose and scope.
The Bureau of Prisons offers inmates the opportunity under its
postsecondary education program to participate in postsecondary
education courses (courses for college credit other than those courses
which pertain to occupational education programs) which have been
determined to be appropriate in light of the institution's need for
discipline, security, and good order. Participation in postsecondary
education courses which are part of occupational education programs is
governed by the provisions of the Bureau's occupational education
program (see subpart F of this part).
Sec. 544.21 Procedures.
(a) The Warden or designee must appoint a postsecondary education
coordinator (ordinarily an education staff member) for the institution.
The postsecondary education coordinator is responsible for coordinating
the institution's postsecondary education program.
(b) An inmate who wishes to participate in a postsecondary
education course must apply through the postsecondary education
coordinator. If the postsecondary education coordinator determines that
the course is appropriate in light of the institution's need for
discipline, security, and good order, the inmate may enroll provided
that:
(1) The inmate meets eligibility requirements for the course which
have been set by the course provider, and
(2) The inmate is responsible for payment of any tuition either
through personal funds, community resources, or scholarships available
to the inmate.
(3) The unit team determines that the course is appropriate for the
inmate's apparent needs.
[FR Doc. 00-18050 Filed 7-14-00; 8:45 am]
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