[Federal Register Volume 68, Number 223 (Wednesday, November 19, 2003)]
[Rules and Regulations]
[Pages 65169-65170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28853]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 544

[BOP-1096-F]
RIN 1120-AA92


Occupational Education Programs

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: In this document, the Bureau of Prisons (Bureau) amends its 
regulations on occupational education programs to allow inmates 
currently under an order of deportation, exclusion, or removal, to 
participate in Bureau occupational education programs if Bureau 
resources are available after participation by inmates who will be 
released within the United States. This rule also removes obsolete or 
redundant provisions. We intend this amendment to help ensure that we 
allocate available educational opportunities for occupational training 
to inmates who will be returning to the community within, rather than 
outside, the United States upon release.

DATES: This rule is effective December 19, 2003.

ADDRESSES: Rules Unit, Office of General Counsel, Bureau of Prisons, 
320 First Street, NW., Washington, DC 20534.

FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General 
Counsel, Bureau of Prisons, phone (202) 307-2105 e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: The Bureau published this rule change as a 
proposed rule on July 17, 2000 (65 FR 44401). We received no comments 
on the proposed rule.

What Will This Rule Change Do?

    This rule change revises our regulations on occupational education 
programs to allow inmates currently under an order of deportation, 
exclusion, or removal, to participate in Bureau occupational education 
programs if Bureau resources are available after participation by 
inmates who will be released within the United States. This rule change 
also removes obsolete or redundant provisions.
    The proposed rule which we published on July 17, 2000, would have 
excluded inmates under orders of deportation, exclusion or removal from 
participation in Bureau occupational education programs. However, after 
internal deliberation, the Bureau has determined that there is a less 
restrictive alternative to excluding such inmates from participation: 
We will instead allow participation by such inmates if Bureau resources 
are available after participation by inmates who will be released 
within the United States.
    In limiting participation by inmates under an order of deportation, 
removal, or exclusion from consideration, we intend 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.
    Under these rules, regardless of availability of resources, we may 
consider an inmate or detainee currently under an order of deportation, 
exclusion, or removal for placement in an occupational education 
program if the Attorney General determines 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 Bureau of Immigration and 
Customs Enforcement (BICE, formerly the Immigration and Naturalization 
Service) is responsible for informing us when an inmate/detainee's 
designated country of removal will not accept his/her return.
    In these regulations, we revised the occupational education 
application procedures consistent with our revised procedures for 
postsecondary education programs (see our proposed rule published on 
July 17, 2000 at 65 FR 44399). We also reorganized the provisions to 
remove obsolete or redundant provisions and improve clarity.

Executive Order 12866

    The Office of Management and Budget (OMB) determined that certain 
rules are part of a category of actions which are not ``significant 
regulatory actions'' under section 3(f) of Executive Order 12866. 
Because this rule falls within that category, OMB did not review it.

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. Under Executive Order 13132, this rule 
does not have sufficient federalism implications for which we would 
prepare a Federalism Assessment.

Regulatory Flexibility Act

    The Director of the Bureau of Prisons, under the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), reviewed this regulation. By 
approving it, the Director certifies that it will not have a 
significant economic impact upon a substantial number of small entities 
because: This rule is about 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 cause State, local and tribal governments, or 
the private sector, to spend $100,000,000 or more in any one year, and 
it will not significantly or uniquely affect small governments. We do 
not need to take action under 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 Sec.  804 of the Small 
Business Regulatory Enforcement Fairness Act of 1996. This rule will 
not result in an

[[Page 65170]]

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.

List of Subjects in 28 CFR Part 544

    Prisoners.

Harley G. Lappin,
Director, Bureau of Prisons.

0
Under the rulemaking authority vested in the Attorney General in 5 
U.S.C. 552(a) and delegated to the Director, Bureau of Prisons, we 
amend 28 CFR part 544 as follows.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 544--EDUCATION

0
1. Revise the authority citation for 28 CFR part 544 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.


0
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) Eligibility. All inmates are eligible to participate in an 
institution's occupational education program. An eligible inmate must 
apply through the inmate's unit team for placement consideration. The 
unit team will determine whether the occupational education course is 
appropriate for the inmate's apparent needs.
    (b) Special considerations for inmates under orders of deportation, 
exclusion, or removal: (1) Generally, inmates under orders of 
deportation, exclusion, or removal may participate in an institution's 
occupational education program if Bureau resources permit after meeting 
the needs of other eligible inmates.
    (2) Inmates under orders of deportation, exclusion, or removal who 
the Attorney General has determined cannot be removed from the United 
States because the designated country of removal will not accept the 
inmate's return are exempted from the limitation in paragraph (b)(1) of 
this section, and may participate in an institution's occupational 
education in the same manner as other eligible inmates.


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. 03-28853 Filed 11-18-03; 8:45 am]
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