[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]]

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

Part V





Department of Justice





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



Bureau of Prisons



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



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]]


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

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.

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

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.

[[Page 44401]]

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]
BILLING CODE 4410-05-P