Reservation of Funds for Reentry Under the First Step Act, 77064-77066 [2023-24619]
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77064
Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Proposed Rules
Instruction WI–RSB 42–139 and WI–RSB
42NG–081, Revision 2, dated November 15,
2022 (issued as one document) attached to
Diamond Aircraft Recommended Service
Bulletin DAI RSB 42–139 and DAI RSB
42NG–081, dated October 21, 2019 (issued as
one document).
lotter on DSK11XQN23PROD with PROPOSALS1
(j) Repetitive Inspections
(1) For Group 1 and Group 2 airplanes:
Within 200 hours TIS after the inspection
required by paragraph (h)(1) of this AD and,
thereafter, at intervals not to exceed 200
hours TIS, inspect the torque seal marks on
the T-yoke bolt head and self-locking nut for
proper alignment.
Note 1 to paragraph (j)(1): This can be
accomplished using DAI Maintenance
Manual (AMM) Temporary Revision (TR)
¨ M–42–1213/a, dated June 7,
AMM–TR–MA
¨ M–42–
2022 (DAI AMM TR AMM–TR–MA
1213/a).
(2) For Group 3 airplanes: Within 200
hours TIS after the effective date of this AD,
and thereafter at intervals not to exceed 200
hours TIS, inspect the torque seal marks on
the T-yoke bolt head and self-locking nut for
proper alignment.
Note 2 to paragraph (j)(2): This can be
accomplished using DAI AMM TR AMM–
¨ M–42–1213/a.
TR–MA
(3) For all airplanes: If, during any
inspection required by paragraph (j)(1) or
(j)(2) of this AD, it is found that the torque
seal marks are not properly aligned, before
further flight, contact the Manager,
International Validation Branch, FAA; EASA;
or Diamond’s EASA DOA for approved repair
instructions, and within the compliance time
specified therein, accomplish those
instructions accordingly. If approved by the
DOA, the approval must include the DOAauthorized signature.
(2) You may take credit for the rudder Tyoke bolt replacement required by paragraph
(i) of this AD if that action was done before
the effective date of this AD using the
Diamond Aircraft Work Instruction WI–RSB
42–139 and WI–RSB 42NG–081, Revision 1,
dated October 24, 2019 (issued as one
document) attached to Diamond Aircraft
Recommended Service Bulletin DAI RSB 42–
139 and DAI RSB 42NG–081, dated October
21, 2019 (issued as one document).
(m) Alternative Methods of Compliance
(AMOCs)
The Manager, International Validation
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the International Validation Branch, send
it to the attention of the person identified in
paragraph (n)(2) of this AD or email to: 9AVS-AIR-730-AMOC@faa.gov. If mailing
information, also submit information by
email. Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(3) For service information identified in
this AD, contact Diamond Aircraft Industries
GmbH, N.A. Otto-Stra+e 5, A–2700 Wiener
Neustadt, Austria; phone: +43 2622 26700;
email: airworthiness-austria@
diamondaircraft.com; website:
diamondaircraft.com.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on
the availability of this material at the FAA,
call (817) 222–5110. It is also available at
regulations.gov under Docket No. FAA–
2023–2143.
(5) You may view this material at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
Issued on October 30, 2023.
Ross Landes,
Deputy Director for Regulatory Operations,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2023–24328 Filed 11–7–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF JUSTICE
(k) Parts Installation Prohibition
For all airplanes: As of the effective date
of this AD, do not install on any airplane a
rudder T-yoke bolt P/N LN 9037–M6x90.
(n) Additional Information
(1) Refer to EASA AD 2023–0013, dated
January 18, 2023, for related information.
This EASA AD may be found in the AD
docket at regulations.gov under Docket No.
FAA–2023–2143.
(2) For more information about this AD,
contact Penelope Trease, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone: (303) 342–
1094; email: penelope.trease@faa.gov.
(3) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (o)(3) and (4) of this AD.
(l) Credit for Previous Actions
(1) You may take credit for the actions
required by paragraphs (h)(1) and (2) of this
AD if the actions were done before the
effective date of this AD using any of the
work instructions specified in paragraphs
(l)(1)(i), (ii), or (iii) of this AD.
(i) Diamond Aircraft Work Instruction WI–
MSB 42–143 and WI–MSB 42NG–086,
Revision 0, dated December 23, 2021 (issued
as one document) attached to Diamond
Aircraft Mandatory Service Bulletin DAI
MSB 42–143 and DAI MSB 42NG–086, dated
December 23, 2021 (issued as one document).
(ii) Diamond Aircraft Work Instruction WI–
MSB 42–143 and WI–MSB 42NG–086,
Revision 1, dated January 25, 2022 (issued as
one document) attached to Diamond Aircraft
Mandatory Service Bulletin DAI MSB 42–
143/1 and DAI MSB 42NG–086/1, dated
January 25, 2022 (issued as one document).
(iii) Diamond Aircraft Work Instruction
WI–MSB 42–143 and WI–MSB 42NG–086,
Revision 2, dated March 10, 2022 (issued as
one document) attached to Diamond Aircraft
Mandatory Service Bulletin DAI MSB 42–
143/1 and DAI MSB 42NG–086/1, dated
January 25, 2022 (issued as one document).
(o) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Diamond Aircraft Mandatory Service
Bulletin DAI MSB 42–143/1 and DAI MSB
42NG–086/1, dated January 25, 2022 (issued
as one document), published with DAI Work
Instruction WI–MSB 42–143 and WI–MSB
42NG–086, Revision 3, dated November 15,
2022 (issued as one document) attached.
(ii) Diamond Aircraft Mandatory Service
Bulletin DAI MSB 42–146 and DAI MSB
42NG–087, dated November 15, 2022, (issued
as one document).
(iii) Diamond Aircraft Recommended
Service Bulletin DAI RSB 42–139 and DAI
RSB 42NG–081, dated October 21, 2019
(issued as one document), published with
DAI Work Instruction WI–RSB 42–139 and
WI–RSB 42NG–081, Revision 2, dated
November 15, 2022 (issued as one document)
attached.
SUMMARY:
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Bureau of Prisons
28 CFR Parts 345 and 545
[Docket No. BOP–1181–P]
RIN 1120–AB81
Reservation of Funds for Reentry
Under the First Step Act
Bureau of Prisons, Department
of Justice.
ACTION: Proposed rule.
AGENCY:
The Bureau of Prisons (BOP)
proposes to add a regulation
implementing a provision of the First
Step Act (FSA) that requires Federal
Prison Industries (FPI) and the BOP to
reserve a portion of the compensation
inmates would otherwise receive for
working to assist these inmates with
costs associated with release from
prison upon completion of their
sentence through release from custody,
placement in pre-release custody (e.g.,
home confinement or Residential
Reentry Center), or conditional release.
DATES: Electronic comments must be
submitted, and written comments must
be postmarked, no later than 11:59 p.m.
Eastern Time on January 8, 2024.
ADDRESSES: Please submit electronic
comments through the regulations.gov
website, or mail written comments to
the Legislative & Correctional Issues
Branch, Office of General Counsel,
Bureau of Prisons, 320 First Street NW,
Washington, DC 20534.
E:\FR\FM\08NOP1.SGM
08NOP1
Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Proposed Rules
FOR FURTHER INFORMATION CONTACT:
lotter on DSK11XQN23PROD with PROPOSALS1
Daniel J. Crooks III, Assistant General
Counsel, Federal Bureau of Prisons,
(202) 353–4885.
SUPPLEMENTARY INFORMATION: Please
note that all comments received are
considered part of the public record and
made available for public inspection
online at www.regulations.gov. If you
want to submit personal identifying
information (such as your name,
address, etc.) as part of your comment,
but do not want it to be posted online,
you must include the phrase
‘‘PERSONAL IDENTIFYING
INFORMATION’’ in the first paragraph
of your comment. You must also locate
all the personal identifying information
you do not want posted online in the
first paragraph of your comment and
identify what information you want
redacted.
If you want to submit confidential
business information as part of your
comment but do not want it to be posted
online, you must include the phrase
‘‘CONFIDENTIAL BUSINESS
INFORMATION’’ in the first paragraph
of your comment. You must also
prominently identify confidential
business information to be redacted
within the comment. If a comment
contains so much confidential business
information that it cannot be effectively
redacted, all or part of that comment
may not be posted on
www.regulations.gov.
Personal identifying information
identified and located as set forth above
will be placed in the agency’s public
docket file, but not posted online.
Confidential business information
identified and located as set forth above
will not be placed in the public docket
file. If you wish to inspect the agency’s
public docket file in person by
appointment, please see the FOR
FURTHER INFORMATION CONTACT section.
I. Discussion of the Proposed Rule
In this document, the BOP proposes
to modify regulations on compensation
for FPI inmate workers in 28 CFR part
345 and on inmate work and
performance pay in part 545 to conform
with recent legislative changes enacted
in the First Step Act of 2018 (FSA),
Public Law 115–391, December 21,
2018, 132 Stat 5194. Section 605(c) of
the FSA amends 18 U.S.C. 4126(c)(4) to
indicate that inmates compensated
under this section shall have at least 15
percent of their compensation reserved
and made available to assist them with
costs associated with release from
prison.
The section amended by the FSA, 18
U.S.C. 4126, is entitled ‘‘Prison
Industries Fund; use and settlement of
VerDate Sep<11>2014
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accounts,’’ and the amended
subparagraph (c) refers to ‘‘Federal
Prison Industries’’ (FPI) as the
‘‘corporation’’ and the ‘‘Prison
Industries Fund’’ as ‘‘the fund.’’ See 18
U.S.C. 4126(a). Subparagraph (c)(4) was
amended to indicate that FPI ‘‘is
authorized to employ the fund . . .’’ to
pay ‘‘compensation to inmates
employed in any industry, or
performing outstanding services in
institutional operations, not less than 15
percent of such compensation for any
inmate shall be reserved in the fund or
a separate account and made available
to assist the inmate with costs
associated with release from prison
. . . .’’ See 18 U.S.C. 4126(c)(4).
The FSA therefore authorizes FPI to
pay inmates who are ‘‘employed in any
industry.’’ As provided in 28 CFR
345.10, the BOP strives to provide work
to all inmates confined in BOP facilities
to the extent practicable in order to
allow inmates to gain knowledge, skills,
and work habits to assist them upon
release. Although there is no statutory
requirement that inmates be paid for
work in an industrial assignment, 18
U.S.C. 4126 provides for discretionary
compensation to inmates employed by
FPI. Section 345.50 further indicates
that, in accordance with 18 U.S.C. 4126,
FPI provides compensation to FPI
inmate workers.
The FSA also amended 18 U.S.C.
4126(c)(4) by directing that ‘‘not less
than 15 percent’’ of compensation paid
to inmates ‘‘performing outstanding
services in institutional operations’’
should also be ‘‘reserved in the fund or
a separate account and made available
to assist the inmate with costs
associated with release from prison.’’
The new provision added by the FSA
in 18 U.S.C. 4126(c)(4) requires the
reservation of 15 percent of ‘‘such
compensation’’ to be made available for
an inmate’s costs associated with prison
release. Therefore, the FSA mandates
that FPI must reserve 15 percent of the
compensation that is paid to inmates
employed by FPI, under 28 CFR part
345, to be made available to those
inmates for costs associated with their
release from prison. The FSA further
mandates that the BOP must reserve 15
percent of performance pay, bonus pay,
and special bonus pay, under 28 CFR
part 545, to be made available to those
inmates for costs associated with their
release from prison.
The BOP now proposes to amend 28
CFR 345.51 regarding FPI pay, and
545.26(e) through (g) regarding inmate
performance pay, bonus pay, and
special bonus pay, to add provisions
indicating that 15 percent of an inmate’s
pay, or other amount as set by statute,
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77065
will be reserved (i.e., encumbered) to
assist the inmate with costs associated
with release from prison. Specifically,
the reserved funds will be made
available to the inmate upon completion
of their sentence through release from
custody, placement in pre-release
custody (e.g., home confinement or
Residential Reentry Center), or
conditional release. Holding the funds
until the inmate leaves BOP secure
custody via one of the previously
mentioned ways will ensure the
availability of those funds on the
inmate’s first day of reentry, giving full
effect to Congress’s directive that these
funds be reserved to help inmates with
costs they will incur once they release
from prison.
II. Regulatory Analyses
Executive Orders 12866 and 13563
(Regulatory Review)
This proposed rule does not fall
within a category of actions that the
Office of Management and Budget
(OMB) has determined constitutes a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866
and, accordingly, it was not reviewed by
OMB. The economic impact of this
proposed rule is limited to an existing
BOP program that applies to sentenced
inmates in the custody of the Federal
Bureau of Prisons, and does not apply
to inmates in study/observation; pretrial
detainees; or inmates in holdover status
pending designation.
This rulemaking is necessary to
implement section 605(c) of the FSA,
codified at 18 U.S.C. 4126(c)(4). The
reserved funds will remain in the
existing Inmate Deposit Fund until an
inmate completes their sentence
through release from custody,
placement in pre-release custody (e.g.,
home confinement or Residential
Reentry Center), or conditional release.
One of the expected benefits of this
regulation is that inmates will be more
financially prepared for reentry. The
amount each inmate saves for reentry
will vary widely based on the amount
of time the inmate works in FPI, or
works an institution job and receives
performance, bonus, or special bonus
pay. As a result of inmates’ having
additional reentry funds, the public may
save on indirect societal costs related to
inmate releases into the community.
However, at this time the BOP cannot,
with any degree of accuracy, estimate
the monetary value of the costs and
savings of this rulemaking. However,
the BOP would expect any anticipated
costs and savings generated by this
rulemaking to have minimal effect on
the economy.
E:\FR\FM\08NOP1.SGM
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77066
Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Proposed Rules
This proposed rule does not fall
within a category of actions that the
Office of Management and Budget
(OMB) has determined constitutes a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866
and, accordingly, it was not reviewed by
OMB. The economic impact of this
proposed rule is limited to an existing
BOP program that applies to sentenced
inmates in the custody of the Federal
Bureau of Prisons, and does not apply
to inmates in study/observation; pretrial
detainees; or inmates in holdover status
pending designation.
Executive Order 13132 (Federalism)
This regulation will not have
substantial direct effect 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, under
Executive Order 13132, we determine
that this regulation does not have
sufficient federalism implications to
warrant the preparation of a Federalism
Assessment.
Executive Order 12988 (Plain Language)
This proposed rule meets the
applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive
Order 12988.
Regulatory Flexibility Act
The Director of the Bureau of Prisons,
under the Regulatory Flexibility Act (5
U.S.C. 605(b)), reviewed this regulation
and by approving it certifies that it will
not have a significant economic impact
upon a substantial number of small
entities for the following reasons: This
regulation pertains to Federal inmates
who work in FPI, or who work
institution jobs and receive
performance, bonus, or special bonus
pay, and its economic impact is limited
to moneys under the control of FPI or
BOP.
lotter on DSK11XQN23PROD with PROPOSALS1
Unfunded Mandates Reform Act of 1995
This regulation 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 (adjusted for inflation),
and it will not significantly or uniquely
affect small governments. Therefore, no
actions are necessary under the
provisions of the Unfunded Mandates
Reform Act of 1995.
Congressional Review Act
This regulation is not a major rule as
defined by the Congressional Review
Act, 5 U.S.C. 804.
VerDate Sep<11>2014
16:16 Nov 07, 2023
Jkt 262001
List of Subjects in 28 CFR Parts 345 and
545
Prisoners.
Colette S. Peters,
Director, Federal Bureau of Prisons.
Under rulemaking authority vested in
the Attorney General in 5 U.S.C. 301; 28
U.S.C. 509, 510 and delegated to the
Director, Federal Bureau of Prisons in
28 CFR 0.96, we propose to amend 28
CFR parts 345 and 545 as follows:
PART 345—FEDERAL PRISON
INDUSTRIES (FPI) INMATE WORK
PROGRAMS
1. The authority citation for part 345
continues to read as follows:
■
Authority: 18 U.S.C. 4126, 28 CFR 0.99,
and by resolution of the Board of Directors
of Federal Prison Industries, Inc.
2. Amend § 345.51 by redesignating
paragraphs (b)(3) and (4) as paragraphs
(b)(4) and (5), respectively, and adding
a new paragraph (b)(3) to read as
follows:
■
§ 345.51
Inmate pay.
*
*
*
*
*
(b) * * *
(3) Fifteen percent of each inmate’s
pay under this part, or other amount as
set by statute, will be reserved to assist
the inmate with costs associated with
release from prison. The reserved funds
will be made available to the inmate
upon completion of their sentence
through release from custody,
placement in pre-release custody (e.g.,
home confinement or Residential
Reentry Center), or conditional release.
*
*
*
*
*
PART 545—WORK AND
COMPENSATION
3. The authority citation for part 545
continues to read as follows:
■
Authority: 5 U.S.C. 301; 18 U.S.C. 3013,
3571, 3572, 3621, 3622, 3624, 3663, 4001,
4042, 4081, 4082 (Repealed in part as to
offenses committed on or after November 1,
1987), 4126, 5006–5024 (Repealed October
12, 1984 as to offenses committed after that
date), 5039; 28 U.S.C. 509, 510.
4. Amend § 545.26, by adding
paragraph (e)(4), and revising
paragraphs (f) and (g) to read as follows:
■
§ 545.26
Performance pay provisions.
*
*
*
*
*
(e) * * *
(4) Fifteen percent of an inmate’s pay
under this paragraph, or other amount
as set by statute, shall be reserved to
assist the inmate with costs associated
with release from prison. The reserved
funds will be made available to the
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inmate upon completion of their
sentence through release from custody,
placement in pre-release custody (e.g.,
home confinement or Residential
Reentry Center), or conditional release.
(f) Bonus pay. (1) An inmate worker
or program participant may receive
special bonus pay based on the inmate’s
exceptional accomplishments or
appreciable contributions to the work
assignment. For example, an inmate
who works in excess of the scheduled
work day may qualify for bonus pay.
(2) When the supervisor of an inmate
worker or program participant believes
the inmate has performed exceptionally
well, the supervisor may forward a
written recommendation that the inmate
received a special bonus, along with
justification for the special bonus
recommendation, to the Department
Head for approval.
(3) Fifteen percent of an inmate’s pay
under this paragraph, or other amount
as set by statute, shall be reserved to
assist the inmate with costs associated
with release from prison. The reserved
funds will be made available to the
inmate upon completion of their
sentence through release from custody,
placement in pre-release custody (e.g.,
home confinement or Residential
Reentry Center), or conditional release.
(g) Special bonus pay. (1) An inmate
may receive special bonus pay based on
the inmate’s exceptional work in a
temporary job assignment that has been
previously identified by the Warden,
and approved by the Regional Director,
as critical to the institution.
(2) When the supervisor of an inmate
worker believes the inmate has
performed exceptionally well, the
supervisor may forward a written
recommendation that the inmate
received a special bonus, along with
justification for the special bonus
recommendation, to the Department
Head for approval.
(3) Fifteen percent of an inmate’s pay
under this paragraph, or other amount
as set by statute, shall be reserved to
assist the inmate with costs associated
with release from prison. The reserved
funds will be made available to the
inmate upon completion of their
sentence through release from custody,
placement in pre-release custody (e.g.,
home confinement or Residential
Reentry Center), or conditional release.
*
*
*
*
*
[FR Doc. 2023–24619 Filed 11–7–23; 8:45 am]
BILLING CODE 4410–05–P
E:\FR\FM\08NOP1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 215 (Wednesday, November 8, 2023)]
[Proposed Rules]
[Pages 77064-77066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24619]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Parts 345 and 545
[Docket No. BOP-1181-P]
RIN 1120-AB81
Reservation of Funds for Reentry Under the First Step Act
AGENCY: Bureau of Prisons, Department of Justice.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Prisons (BOP) proposes to add a regulation
implementing a provision of the First Step Act (FSA) that requires
Federal Prison Industries (FPI) and the BOP to reserve a portion of the
compensation inmates would otherwise receive for working to assist
these inmates with costs associated with release from prison upon
completion of their sentence through release from custody, placement in
pre-release custody (e.g., home confinement or Residential Reentry
Center), or conditional release.
DATES: Electronic comments must be submitted, and written comments must
be postmarked, no later than 11:59 p.m. Eastern Time on January 8,
2024.
ADDRESSES: Please submit electronic comments through the
regulations.gov website, or mail written comments to the Legislative &
Correctional Issues Branch, Office of General Counsel, Bureau of
Prisons, 320 First Street NW, Washington, DC 20534.
[[Page 77065]]
FOR FURTHER INFORMATION CONTACT: Daniel J. Crooks III, Assistant
General Counsel, Federal Bureau of Prisons, (202) 353-4885.
SUPPLEMENTARY INFORMATION: Please note that all comments received are
considered part of the public record and made available for public
inspection online at www.regulations.gov. If you want to submit
personal identifying information (such as your name, address, etc.) as
part of your comment, but do not want it to be posted online, you must
include the phrase ``PERSONAL IDENTIFYING INFORMATION'' in the first
paragraph of your comment. You must also locate all the personal
identifying information you do not want posted online in the first
paragraph of your comment and identify what information you want
redacted.
If you want to submit confidential business information as part of
your comment but do not want it to be posted online, you must include
the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph
of your comment. You must also prominently identify confidential
business information to be redacted within the comment. If a comment
contains so much confidential business information that it cannot be
effectively redacted, all or part of that comment may not be posted on
www.regulations.gov.
Personal identifying information identified and located as set
forth above will be placed in the agency's public docket file, but not
posted online. Confidential business information identified and located
as set forth above will not be placed in the public docket file. If you
wish to inspect the agency's public docket file in person by
appointment, please see the FOR FURTHER INFORMATION CONTACT section.
I. Discussion of the Proposed Rule
In this document, the BOP proposes to modify regulations on
compensation for FPI inmate workers in 28 CFR part 345 and on inmate
work and performance pay in part 545 to conform with recent legislative
changes enacted in the First Step Act of 2018 (FSA), Public Law 115-
391, December 21, 2018, 132 Stat 5194. Section 605(c) of the FSA amends
18 U.S.C. 4126(c)(4) to indicate that inmates compensated under this
section shall have at least 15 percent of their compensation reserved
and made available to assist them with costs associated with release
from prison.
The section amended by the FSA, 18 U.S.C. 4126, is entitled
``Prison Industries Fund; use and settlement of accounts,'' and the
amended subparagraph (c) refers to ``Federal Prison Industries'' (FPI)
as the ``corporation'' and the ``Prison Industries Fund'' as ``the
fund.'' See 18 U.S.C. 4126(a). Subparagraph (c)(4) was amended to
indicate that FPI ``is authorized to employ the fund . . .'' to pay
``compensation to inmates employed in any industry, or performing
outstanding services in institutional operations, not less than 15
percent of such compensation for any inmate shall be reserved in the
fund or a separate account and made available to assist the inmate with
costs associated with release from prison . . . .'' See 18 U.S.C.
4126(c)(4).
The FSA therefore authorizes FPI to pay inmates who are ``employed
in any industry.'' As provided in 28 CFR 345.10, the BOP strives to
provide work to all inmates confined in BOP facilities to the extent
practicable in order to allow inmates to gain knowledge, skills, and
work habits to assist them upon release. Although there is no statutory
requirement that inmates be paid for work in an industrial assignment,
18 U.S.C. 4126 provides for discretionary compensation to inmates
employed by FPI. Section 345.50 further indicates that, in accordance
with 18 U.S.C. 4126, FPI provides compensation to FPI inmate workers.
The FSA also amended 18 U.S.C. 4126(c)(4) by directing that ``not
less than 15 percent'' of compensation paid to inmates ``performing
outstanding services in institutional operations'' should also be
``reserved in the fund or a separate account and made available to
assist the inmate with costs associated with release from prison.''
The new provision added by the FSA in 18 U.S.C. 4126(c)(4) requires
the reservation of 15 percent of ``such compensation'' to be made
available for an inmate's costs associated with prison release.
Therefore, the FSA mandates that FPI must reserve 15 percent of the
compensation that is paid to inmates employed by FPI, under 28 CFR part
345, to be made available to those inmates for costs associated with
their release from prison. The FSA further mandates that the BOP must
reserve 15 percent of performance pay, bonus pay, and special bonus
pay, under 28 CFR part 545, to be made available to those inmates for
costs associated with their release from prison.
The BOP now proposes to amend 28 CFR 345.51 regarding FPI pay, and
545.26(e) through (g) regarding inmate performance pay, bonus pay, and
special bonus pay, to add provisions indicating that 15 percent of an
inmate's pay, or other amount as set by statute, will be reserved
(i.e., encumbered) to assist the inmate with costs associated with
release from prison. Specifically, the reserved funds will be made
available to the inmate upon completion of their sentence through
release from custody, placement in pre-release custody (e.g., home
confinement or Residential Reentry Center), or conditional release.
Holding the funds until the inmate leaves BOP secure custody via one of
the previously mentioned ways will ensure the availability of those
funds on the inmate's first day of reentry, giving full effect to
Congress's directive that these funds be reserved to help inmates with
costs they will incur once they release from prison.
II. Regulatory Analyses
Executive Orders 12866 and 13563 (Regulatory Review)
This proposed rule does not fall within a category of actions that
the Office of Management and Budget (OMB) has determined constitutes a
``significant regulatory action'' under section 3(f) of Executive Order
12866 and, accordingly, it was not reviewed by OMB. The economic impact
of this proposed rule is limited to an existing BOP program that
applies to sentenced inmates in the custody of the Federal Bureau of
Prisons, and does not apply to inmates in study/observation; pretrial
detainees; or inmates in holdover status pending designation.
This rulemaking is necessary to implement section 605(c) of the
FSA, codified at 18 U.S.C. 4126(c)(4). The reserved funds will remain
in the existing Inmate Deposit Fund until an inmate completes their
sentence through release from custody, placement in pre-release custody
(e.g., home confinement or Residential Reentry Center), or conditional
release.
One of the expected benefits of this regulation is that inmates
will be more financially prepared for reentry. The amount each inmate
saves for reentry will vary widely based on the amount of time the
inmate works in FPI, or works an institution job and receives
performance, bonus, or special bonus pay. As a result of inmates'
having additional reentry funds, the public may save on indirect
societal costs related to inmate releases into the community. However,
at this time the BOP cannot, with any degree of accuracy, estimate the
monetary value of the costs and savings of this rulemaking. However,
the BOP would expect any anticipated costs and savings generated by
this rulemaking to have minimal effect on the economy.
[[Page 77066]]
This proposed rule does not fall within a category of actions that
the Office of Management and Budget (OMB) has determined constitutes a
``significant regulatory action'' under section 3(f) of Executive Order
12866 and, accordingly, it was not reviewed by OMB. The economic impact
of this proposed rule is limited to an existing BOP program that
applies to sentenced inmates in the custody of the Federal Bureau of
Prisons, and does not apply to inmates in study/observation; pretrial
detainees; or inmates in holdover status pending designation.
Executive Order 13132 (Federalism)
This regulation will not have substantial direct effect 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, under Executive Order 13132,
we determine that this regulation does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Executive Order 12988 (Plain Language)
This proposed rule meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988.
Regulatory Flexibility Act
The Director of the Bureau of Prisons, under the Regulatory
Flexibility Act (5 U.S.C. 605(b)), reviewed this regulation and by
approving it certifies that it will not have a significant economic
impact upon a substantial number of small entities for the following
reasons: This regulation pertains to Federal inmates who work in FPI,
or who work institution jobs and receive performance, bonus, or special
bonus pay, and its economic impact is limited to moneys under the
control of FPI or BOP.
Unfunded Mandates Reform Act of 1995
This regulation 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 (adjusted for inflation), and it
will not significantly or uniquely affect small governments. Therefore,
no actions are necessary under the provisions of the Unfunded Mandates
Reform Act of 1995.
Congressional Review Act
This regulation is not a major rule as defined by the Congressional
Review Act, 5 U.S.C. 804.
List of Subjects in 28 CFR Parts 345 and 545
Prisoners.
Colette S. Peters,
Director, Federal Bureau of Prisons.
Under rulemaking authority vested in the Attorney General in 5
U.S.C. 301; 28 U.S.C. 509, 510 and delegated to the Director, Federal
Bureau of Prisons in 28 CFR 0.96, we propose to amend 28 CFR parts 345
and 545 as follows:
PART 345--FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS
0
1. The authority citation for part 345 continues to read as follows:
Authority: 18 U.S.C. 4126, 28 CFR 0.99, and by resolution of
the Board of Directors of Federal Prison Industries, Inc.
0
2. Amend Sec. 345.51 by redesignating paragraphs (b)(3) and (4) as
paragraphs (b)(4) and (5), respectively, and adding a new paragraph
(b)(3) to read as follows:
Sec. 345.51 Inmate pay.
* * * * *
(b) * * *
(3) Fifteen percent of each inmate's pay under this part, or other
amount as set by statute, will be reserved to assist the inmate with
costs associated with release from prison. The reserved funds will be
made available to the inmate upon completion of their sentence through
release from custody, placement in pre-release custody (e.g., home
confinement or Residential Reentry Center), or conditional release.
* * * * *
PART 545--WORK AND COMPENSATION
0
3. The authority citation for part 545 continues to read as follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3013, 3571, 3572, 3621,
3622, 3624, 3663, 4001, 4042, 4081, 4082 (Repealed in part as to
offenses committed on or after November 1, 1987), 4126, 5006-5024
(Repealed October 12, 1984 as to offenses committed after that
date), 5039; 28 U.S.C. 509, 510.
0
4. Amend Sec. 545.26, by adding paragraph (e)(4), and revising
paragraphs (f) and (g) to read as follows:
Sec. 545.26 Performance pay provisions.
* * * * *
(e) * * *
(4) Fifteen percent of an inmate's pay under this paragraph, or
other amount as set by statute, shall be reserved to assist the inmate
with costs associated with release from prison. The reserved funds will
be made available to the inmate upon completion of their sentence
through release from custody, placement in pre-release custody (e.g.,
home confinement or Residential Reentry Center), or conditional
release.
(f) Bonus pay. (1) An inmate worker or program participant may
receive special bonus pay based on the inmate's exceptional
accomplishments or appreciable contributions to the work assignment.
For example, an inmate who works in excess of the scheduled work day
may qualify for bonus pay.
(2) When the supervisor of an inmate worker or program participant
believes the inmate has performed exceptionally well, the supervisor
may forward a written recommendation that the inmate received a special
bonus, along with justification for the special bonus recommendation,
to the Department Head for approval.
(3) Fifteen percent of an inmate's pay under this paragraph, or
other amount as set by statute, shall be reserved to assist the inmate
with costs associated with release from prison. The reserved funds will
be made available to the inmate upon completion of their sentence
through release from custody, placement in pre-release custody (e.g.,
home confinement or Residential Reentry Center), or conditional
release.
(g) Special bonus pay. (1) An inmate may receive special bonus pay
based on the inmate's exceptional work in a temporary job assignment
that has been previously identified by the Warden, and approved by the
Regional Director, as critical to the institution.
(2) When the supervisor of an inmate worker believes the inmate has
performed exceptionally well, the supervisor may forward a written
recommendation that the inmate received a special bonus, along with
justification for the special bonus recommendation, to the Department
Head for approval.
(3) Fifteen percent of an inmate's pay under this paragraph, or
other amount as set by statute, shall be reserved to assist the inmate
with costs associated with release from prison. The reserved funds will
be made available to the inmate upon completion of their sentence
through release from custody, placement in pre-release custody (e.g.,
home confinement or Residential Reentry Center), or conditional
release.
* * * * *
[FR Doc. 2023-24619 Filed 11-7-23; 8:45 am]
BILLING CODE 4410-05-P
