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[Federal Register: July 17, 2000 (Volume 65, Number 137)]
[Proposed Rules]               
[Page 44401-44402]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jy00-24]                         

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

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.

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

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





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