9544 Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Proposed Rules 

the 293°T/298°M radial to the point of 

beginning. 

* * * * * 

Issued in Washington, DC, on February 23, 

2010. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. 2010–4377 Filed 3–2–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Bureau of Prisons 

28 CFR Part 545 

[BOP Docket No. BOP 1152–P] 

RIN 1120–AB52 

Inmate Work and Performance Pay 

Program 

AGENCY: Bureau of Prisons, Justice. 

ACTION: Proposed rule. 

SUMMARY: In this document, the Bureau 

of Prisons (Bureau) proposes to 

streamline regulations on inmate work 

and performance pay by removing 

redundant language and provisions that 

relate solely to staff guidance. 

DATES: Written comments must be 

postmarked and electronic comments 

must be submitted on or before May 3, 

2010. Commenters should be aware that 

the electronic Federal Docket 

Management System will not accept 

comments after Midnight Eastern Time 

on the last day of the comment period. 

ADDRESSES: Comments should be 

submitted to the Rules Unit, Office of 

General Counsel, Bureau of Prisons, 320 

First Street, NW., Washington, DC 

20534. You may view an electronic 

version of this rule at http:// 

www.regulations.gov. You may also 

comment on this regulation via the 

Internet at BOPRULES@BOP.GOV or by 

using the http://www.regulations.gov 

comment form for this regulation. When 

submitting comments electronically you 

must include the BOP Docket No. in the 

subject box. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Qureshi, Office of General 

Counsel, Bureau of Prisons, phone (202) 

307–2105. 

SUPPLEMENTARY INFORMATION: 

Posting of Public Comments 

Please note that all comments 

received are considered part of the 

public record and made available for 

public inspection online at http:// 

www.regulations.gov. Such information 

includes personal identifying 

information (such as your name, 

address, etc.) voluntarily submitted by 

the commenter. 

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 http:// 

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 

Additional Information’’ paragraph. 

The reason that the Bureau is 

requesting electronic comments before 

Midnight Eastern Time on the day the 

comment period closes is because the 

inter-agency Regulations.gov/Federal 

Docket Management System (FDMS) 

which receives electronic comments 

terminates the public’s ability to submit 

comments at Midnight on the day the 

comment period closes. Commenters in 

time zones other than Eastern may want 

to take this fact into account so that 

their electronic comments can be 

received. The constraints imposed by 

the Regulations.gov/FDMS system do 

not apply to U.S. postal comments 

which will be considered as timely filed 

if they are postmarked before Midnight 

on the day the comment period closes. 

Discussion 

In this document, the Bureau 

proposes to streamline regulations on 

inmate work and performance pay by 

deleting redundant language and 

provisions that relate solely to staff 

guidance. Below is a section-by-section 

explanation of the proposed revisions. 

Section 545.20 Purpose and scope. 

This section describes the purpose of 

the Inmate Work and Performance Pay 

(IPP) program of the Bureau of Prisons 

(Bureau). This section is derived from 

current § 545.20(a). The second sentence 

of current subparagraph (a), regarding 

the requirement for physically and 

mentally able sentenced inmates to 

participate in the work program, is 

deleted because the concept is repeated 

in the subsequent regulation. Current 

paragraph (b), regarding the Warden’s 

ability to grant performance pay to 

qualified inmates, is deleted because the 

concept is later repeated in a regulation 

exclusively devoted to performance pay. 

Section 545.21 Definitions. This 

section derives almost verbatim from 

the current § 545.21, and defines terms 

used in the rest of the subpart, including 

‘‘physically and mentally able,’’ 

‘‘institution work assignment,’’ ‘‘industry 

assignment,’’ ‘‘commissary assignment,’’ 

and other terms. 

Deleted § 545.22. This section, 

regarding the institution work and 

performance pay committee, has been 

deleted because it is guidance to staff 

that need not be in regulation text. This 

current regulation explains that the 

Warden at each Bureau facility 

establishes an Institution Inmate Work 

and Performance Pay Committee to 

administer the institution’s work and 

performance pay program, comprised of 

an Associate Warden, the Inmate 

Performance Pay Coordinator, and any 

other member(s) the Warden considers 

appropriate. The Committee is 

responsible for approving various 

aspects of the inmate work and 

performance pay program specific to 

that Committee’s facility, including the 

number of inmates and pay grades for 

each work detail, job descriptions, 

performance standards, budgeting 

issues, and other such administrative 

concerns. We will retain this language 

in implementing text in the relevant 

Bureau policy. 

Section 545.22 Inmate work/ 

program assignment. This section 

derives from current § 545.23. It 

explains that each sentenced inmate 

who is physically and mentally able 

must participate in an institutional, 

industrial, or commissary work program 

unless an exception applies. An inmate 

may be authorized to not participate in 

IPP if the inmate instead participates in 

an education, vocational, or drug abuse 

treatment program, on either a full or 

part-time basis, if it is required by 

Bureau policy or statute (for example, 

the Literacy Program) or with the 

approval of the Warden or designee. An 

inmate may also be excepted from IPP 

participation if the inmate is a pretrial 


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Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Proposed Rules 9545 

inmate, is otherwise unsentenced or not 

serving a term of imprisonment, or is a 

medically unassigned inmate. 

Paragraph (d) of the current § 545.23 

has been deleted because it relates 

solely to guidance to staff. Paragraph (d) 

describes the factors that staff will 

consider when making work and/or 

program assignments. This language 

will be retained in the relevant Bureau 

policy, which is a more appropriate 

vehicle for guidance to staff. 

Section 545.23 Inmate work 

conditions. This section derives, almost 

verbatim, from current § 545.24. This 

regulation describes inmate work 

conditions, such as the length of the 

work day, rules regarding reporting for 

work, work performance, health and 

safety standards, and work-related 

injuries. 

Section 545.24 Eligibility for 

performance pay. This section derives 

from current § 545.25, and describes 

how an inmate may receive performance 

pay. Paragraph (a) explains that an 

inmate may receive performance pay for 

accomplishments in his/her institution 

work assignment, literacy program 

(GED) participation, apprenticeship 

training, and approved vocational 

training courses. 

Paragraph (b) describes how the 

amount of performance pay to be 

awarded is calculated. Generally, an 

inmate is eligible for performance pay 

from the date of work or program 

assignment for each month that the 

inmate’s performance justifies such 

payment. Specific provisions regarding 

portion of the month or hours worked 

and absences are derived from current 

§ 545.26(d) and (d). Provisions regarding 

vesting and notification of performance 

pay status derive from current 

§ 545.26(h) and (i). 

Paragraph (c) delineates exceptions to 

eligibility for performance pay. Inmates 

will not be eligible to receive 

performance pay if they refuse to 

participate in the financial 

responsibility program; refuse 

participation, withdraw, are expelled, or 

otherwise fail attendance or 

examination requirements of the drug 

abuse education course; or if they 

commit a level 100 or 200 series drugor alcohol-related prohibited act. 

Removed § 545.26 Performance pay 

provisions. Current § 545.26 has been 

removed. Paragraph (a) of the current 

regulation contains guidance to staff 

that is more appropriately retained in 

Bureau policy. This subparagraph 

explains that the Warden or designee 

will ensure that all institution work 

assignments have standardized work 

descriptions, describes the four pay 

grade levels that inmates may be 

assigned to, and lists factors to consider 

in assigning a grade level to a specific 

work position. 

Paragraph (b) allots a percentage of 

inmates in each Bureau facility to each 

of the four pay grade levels. The vast 

differences among Bureau facilities in 

size, population, work needs, and 

security levels, make such a mandatory 

allotment impracticable. We will retain 

recommended allotment levels in 

Bureau implementing text, but have 

deleted this subparagraph from 

regulation text in recognition of the 

differing needs and resources of each 

facility. 

Paragraphs (c) and (d), regarding 

calculation of performance pay based on 

portion of the month and hours worked, 

have been moved to proposed 

§ 545.24(b). Paragraph (e), regarding 

work evaluation, has been revised as 

proposed § 545.25, described below. 

Section 545.25 Work evaluation. 

This section derives from current 

§ 545.26(e). Provisions regarding work 

evaluation have been moved from that 

regulation because inmates’ work will 

be evaluated regardless of whether they 

are being considered for performance 

pay, and therefore is not appropriate in 

§ 545.26, entitled ‘‘Performance pay 

provisions.’’ 

This section explains when, how, and 

what work will be evaluated. Every six 

months, the work detail/program 

supervisor will evaluate each inmate 

and will document in writing only those 

inmates who show skills below 

satisfactory level. This is a change from 

current regulations, which state that an 

evaluation will be conducted every 

month. This change is being made to 

emulate the community standard of 

biannual work performance evaluations 

and to more efficiently allocate staff 

time. Under the current regulations, 

each staff member conducting 

evaluations spends approximately two 

to three hours per month to assess and 

re-assess inmate performance when 

there have been few changes from 

month to month. The new regulation 

would save approximately 20 to 30 

hours a year of each evaluator’s time. 

Further, up-to-date information 

regarding an inmate’s work performance 

may be input in the computer system at 

any time (more frequently than 

monthly, if warranted), and is regularly 

checked and taken into account by staff 

responsible for evaluating inmate work 

performance. 

The evaluation will be based on only 

those hours during which the inmate 

actively participated in a work 

assignment or an education/vocational 

program. The work detail/program 

supervisor will rate the inmate’s 

performance in each of several 

categories, including, but not limited to 

quality and quantity of work, initiative, 

ability to learn, dependability, response 

to supervision and instruction, safety 

and care of equipment, ability to work 

with others, and overall job proficiency. 

A provision at the end of current 

§ 545.26(e) states that exceptions to the 

work performance evaluation 

procedures require approval of the 

Assistant Director, Correctional 

Programs Division, Central Office. This 

provision also provides guidance to the 

work detail/program supervisor 

regarding how to review the evaluation 

with the inmate. Because this section 

contains guidance to staff, we propose 

to delete it and retain it in 

implementing text in Bureau policy. 

Section 541.26 Bonus pay. This 

section derives from § 545.26(f) and (g). 

This regulation explains that if the 

supervisor determines that an inmate 

has made exceptional accomplishments 

or appreciably contributed to the work 

assignment, the supervisor may 

recommend that the inmate receive 

bonus pay or special bonus pay (if the 

work assignment was previously 

identified by the Warden or designee, 

and approved by the Regional Director, 

as critical to the institution). 

Language instructing work 

supervisors to forward bonus pay and 

special bonus pay recommendations to 

the facility’s relevant department head 

has been deleted from the proposed rule 

because this language is guidance to 

staff that is more appropriately retained 

in Bureau policy. 

Section 545.27 Inmate vacations. 

This section derives from current 

§ 545.27. It explains that if an inmate 

has worked full-time for 12 consecutive 

months on an institution work 

assignment, and the work supervisor so 

recommends, the inmate may take a 

five-day paid vacation at the inmate’s 

prevailing hourly rate. 

Again, language instructing work 

supervisors to forward inmate vacation 

recommendations to the facility’s 

relevant department head have been 

deleted from the proposed rule because 

this language is guidance to staff that is 

more appropriately retained in Bureau 

policy. Also deleted as staff guidance is 

an administrative provision instructing 

work supervisors to schedule inmate 

vacations compatible with the facility’s 

work needs. 

Section 545.28 Achievement awards. 

This section derives, almost verbatim, 

from current § 545.28. It explains that 

inmates may receive achievement 

awards for completion of various 

approved education programs or for 


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9546 Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Proposed Rules 

completion or satisfactory progress in an 

approved drug treatment program. 

Section 545.29 Special awards. This 

section derives from current § 545.29. 

Paragraph (a) states that inmates who 

perform exceptional services not 

ordinarily a part of the inmate’s regular 

assignment may be granted a special 

award regardless of the inmate’s work or 

program status. 

The proposed rule deletes language in 

paragraph (a) giving examples of 

‘‘exceptional services’’ that may warrant 

a special award. This language has been 

deleted because these examples do not 

reflect the broad possibilities for 

services that may deserve special 

awards, but instead have the practical 

effect of limiting special awards to the 

given examples. 

Paragraph (b) states that the special 

award may be in the form of a monetary 

payment in addition to any other award 

(e.g., extra good time) given. 

Paragraph (c) of the current regulation 

states that the Warden or designee of 

each institution is empowered to 

approve special awards not exceeding 

$150, and that awards in excess of this 

amount may not be made unless 

approved by the Regional Director. This 

subparagraph has been removed from 

the proposed rule because it is specific 

guidance to the Warden and is more 

appropriate to retain in Bureau policy. 

Section 545.30 Funds due deceased 

inmates. This section derives from 

current § 545.30, explaining that the 

Bureau will make unpaid performance 

pay payments due a deceased inmate to 

a legal representative of the inmate’s 

estate or in accordance with the laws of 

descent and distribution of the state of 

domicile (most recent legal residence). 

This does not change the substance of 

current § 545.30. 

Deleted § 545.31 Training. Current 

regulation § 545.31 provides guidance to 

the Warden regarding training facility 

staff on the operation of the work and 

performance pay program and informing 

inmates of the program and pay rates. 

This section has been deleted because it 

is guidance to Bureau staff, but will be 

retained in Bureau policy. 

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. 

The Bureau has assessed the costs and 

benefits of this rule as required by 

Executive Order 12866 Section 1(b)(6) 

and has made a reasoned determination 

that the benefits of this rule justify its 

costs. There will be no new costs 

associated with this rulemaking. 

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, under 

Executive Order 13132, we determine 

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, 

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 

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 § 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 foreignbased companies in domestic and 

export markets. 

List of Subjects in 28 CFR Part 545 

Prisoners. 

Kathleen M. Kenney, 

Assistant Director/General Counsel, 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, Bureau of Prisons in 28 CFR 

0.96, we propose to amend 28 CFR part 

545 as set forth below. 

SUBCHAPTER C—INSTITUTIONAL 

MANAGEMENT 

PART 545—WORK AND 

COMPENSATION 

1. The authority citation for 28 CFR 

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. 

2. Revise part 545 to read as follows: 

Sec. 

545.20 Purpose and scope. 

545.21 Definitions. 

545.22 Inmate work/program assignment. 

545.23 Inmate work conditions. 

545.24 Eligibility for performance pay. 

545.25 Work evaluation. 

541.26 Bonus pay. 

545.27 Inmate vacations. 

545.28 Achievement awards. 

545.29 Special awards. 

545.30 Funds due deceased inmates. 

§ 545.20 Purpose and scope. 

The purpose of this subpart is to 

explain the Inmate Work and 

Performance Pay (IPP) program of the 

Bureau of Prisons (Bureau). The purpose 

of this program is to: 

(a) Reduce inmate idleness, while 

allowing the inmate to improve and/or 

develop useful job skills, work habits, 

and experiences that will assist in postrelease employment; and 

(b) Ensure completion of activities 

necessary for the day-to-day operation 

of the institution. 

§ 545.21 Definitions. 

(a) Physically and mentally able. For 

purposes of this rule, this term includes 

inmates with disabilities who, with 

reasonable accommodation, can perform 

the essential function of the work 

assignment. 

(b) Institution work assignment. A 

work assignment which contributes to 

the day-to-day operation of the 

institution (e.g., carpentry, plumbing, 

food service). 

(c) Industry assignment. A Federal 

Prison Industries (FPI) work assignment. 

(d) Commissary assignment. A Trust 

Fund work assignment. 

(e) Full-time work assignment. A work 

assignment to which an inmate is 

assigned for the entire scheduled work 

day. 

(f) Part-time work assignment. A work 

assignment to which an inmate is 

assigned for only a part of the scheduled 

work day. 


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(g) Medically unassigned. An inmate 

who, because of medical restrictions, 

cannot be assigned to any work 

program. 

(h) Light duty work assignment. A 

work assignment in which an inmate 

may, because of physical limitations, 

temporary or otherwise, only perform 

limited work functions, e.g., sedentary 

work, no prolonged standing, no lifting 

over 25 lbs. 

§ 545.22 Inmate work/program 

assignment. 

(a) Each sentenced inmate who is 

physically and mentally able must 

participate in an institutional, 

industrial, or commissary work program 

unless one of the exceptions in (b) 

applies. 

(b) Exceptions. An inmate may be 

excused from participation in IPP if: 

(1) The inmate instead participates in 

an education, vocational, or drug abuse 

treatment program, on either a full or 

part-time basis, if it is required by 

Bureau policy or statute (for example, 

the Literacy Program) or with approval 

by the Warden or designee. 

(2) The inmate is a pretrial inmate, or 

is otherwise unsentenced or not serving 

a term of imprisonment, in which case 

the inmate may only be assigned 

housekeeping tasks in his/her cell and 

in the community living area. If such an 

inmate waives his/her right not to work, 

that inmate may be allowed to 

participate in the IPP. 

(3) The inmate is a medically 

unassigned inmate, in which case the 

inmate may be required to perform 

housekeeping tasks in his/her cell and 

in the community living area, to the 

extent medically possible. 

§ 545.23 Inmate work conditions. 

(a) Work day: The scheduled work 

day is ordinarily at least seven hours. 

(b) Reporting for work: Inmates must 

report to the place of assignment at the 

required time, and may not leave an 

assignment without permission. 

(c) Work performance: Regardless of 

assignment, the inmate must perform all 

assigned tasks diligently and 

conscientiously. Inmates may be subject 

to disciplinary action for refusing to 

work, not showing up for work, working 

poorly, or encouraging others to do so. 

(d) Health and safety standards: 

Inmates will only participate in work, 

vocational, and education programs that 

meet the appropriate minimum 

standards for health and safety. Inmates 

will be provided safety equipment as 

needed. 

(e) Work-related injuries. Inmates 

must work safely, using safety 

equipment as instructed by the work 

supervisor. If an inmate has a workrelated injury, he/she must notify the 

work supervisor so that appropriate 

action (for example, medical attention, 

and submission of necessary reports) 

may be taken. 

§ 545.24 Eligibility for performance pay. 

(a) Performance pay for 

accomplishments. An inmate may 

receive performance pay for 

accomplishments in one or more of the 

following areas: 

(1) Institution work assignment; 

(2) Literacy program (GED) 

participation; 

(3) Apprenticeship training; and 

(4) Vocational training courses 

(approved by the Bureau as certified 

vocational training). 

(b) Calculating amount of 

performance pay to be awarded. (1) 

Date of work/program assignment. An 

inmate is eligible for performance pay 

from the date of work or program 

assignment for each month that the 

inmate’s performance justifies such 

payment. 

(2) Portion of month worked. An 

inmate may receive performance pay 

only for that portion of the month that 

the inmate was working. Performance 

pay may not be awarded retroactively. 

(3) Hours worked. An inmate is 

eligible to receive performance pay only 

for those hours during which the inmate 

is actually performing satisfactory work 

or actively participating in an education 

or vocational training program. 

(4) Absences. Absences from an 

inmate’s scheduled assignment for such 

reasons as call-outs, visits, sick call, 

interviews, or making telephone calls, 

will be deducted from the monthly 

number of hours worked and will 

accordingly reduce the amount of pay 

received by the inmate. 

(5) Vesting. An inmate’s performance 

pay, once earned, becomes vested. 

(6) Notification. Each inmate in 

performance pay status shall be notified 

of monthly earnings. 

(c) Exceptions to eligibility for 

performance pay—(1) Refusal to 

participate in the financial 

responsibility program. An inmate who 

refuses to participate in the financial 

responsibility program will not 

ordinarily receive performance pay 

above the maintenance pay level, or 

bonus pay, or vacation pay in 

accordance with 28 CFR part 545, 

subpart B. 

(d) Failure to comply with 

requirements of the drug abuse 

education course. An inmate who 

refuses participation, withdraws, is 

expelled, or otherwise fails attendance 

or examination requirements of the drug 

abuse education course or the RDAP is 

subject to the limitations specified in 

§ 550.51(e) or § 550.53(g) of this chapter. 

(e) Commission of a level 100 or 200 

series drug- or alcohol-related 

prohibited act. Inmates receiving 

performance pay who are found through 

the disciplinary process (Part 541 of this 

subchapter) to have committed a level 

100 or 200 series drug- or alcoholrelated prohibited act will automatically 

have their performance pay reduced to 

maintenance pay level and will be 

removed from any assigned work detail 

outside the secure perimeter of the 

institution. This reduction to 

maintenance pay level will ordinarily 

remain in effect for one year, unless 

otherwise authorized by the Warden or 

designee. 

§ 545.25 Work evaluation. 

(a) When work will be evaluated: The 

work detail/program supervisor will 

evaluate each inmate at a minimum of 

every six months. 

(b) What work will be evaluated: The 

evaluation will be based on only those 

hours during which the inmate actively 

participated in a work assignment or an 

education/vocational program. 

(c) How work will be evaluated: The 

work detail/program supervisor will rate 

the inmate’s performance in each of 

several categories, including, but not 

limited to the following: quality and 

quantity of work, initiative, ability to 

learn, dependability, response to 

supervision and instruction, safety and 

care of equipment, ability to work with 

others, and overall job proficiency. 

§ 541.26 Bonus pay. 

(a) Bonus pay. If the supervisor 

determines that an inmate has made 

exceptional accomplishments or 

appreciably contributed to the work 

assignment, the supervisor may 

recommend that the inmate receive 

bonus pay. 

(b) Special bonus pay. An inmate may 

be recommended to receive special 

bonus pay based on exceptional work in 

a temporary job assignment if the 

assignment was previously identified by 

the Warden or designee, and approved 

by the Regional Director, as critical to 

the institution. 

§ 545.27 Inmate vacations. 

(a) Eligibility for a vacation: If an 

inmate has worked full-time for 12 

consecutive months on an institution 

work assignment, and the work 

supervisor so recommends, the inmate 

may take a five-day paid vacation at the 

inmate’s prevailing hourly rate. 

(b) Accumulation of vacation credit. 

The Warden or designee may authorize 


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an inmate to accumulate vacation credit 

when: 

(1) The inmate is transferred to 

another institution for the benefit of the 

government or because of the inmate’s 

favorable adjustment (custody 

reduction); or 

(2) The inmate is placed in a new 

work assignment in the institution for 

the benefit of the government or 

institution, rather than solely at the 

inmate’s request or because of the 

inmate’s poor performance or adverse 

behavior. 

§ 545.28 Achievement awards. 

Inmates may receive achievement 

awards in the following manner: 

(a) Education program completion. 

With prior approval of the Education 

Department, each inmate who 

completes the Literacy program, 

Vocational Training, or related trades 

classroom work that is part of a certified 

apprenticeship program may be granted 

an achievement award from 

performance pay funds. 

(b) Drug treatment satisfactory 

progress/completion. With prior 

approval of the Psychology Services 

Department, each inmate who is making 

satisfactory progress or completes a 

residential drug treatment program may 

also be granted an achievement award 

from performance pay funds. 

§ 545.29 Special awards. 

Inmates who perform exceptional 

services not ordinarily a part of the 

inmate’s regular assignment may be 

granted a special award regardless of the 

inmate’s work or program status. The 

special award may be in the form of a 

monetary payment in addition to any 

other award (e.g., extra good time) 

given. 

§ 545.30 Funds due deceased inmates. 

If performance pay is due to a 

deceased inmate for work performed 

and not yet paid, the Bureau will make 

the payment to a legal representative of 

the inmate’s estate or in accordance 

with the laws of descent and 

distribution of the state of domicile 

(most recent legal residence). 

[FR Doc. 2010–3902 Filed 3–2–10; 8:45 am] 

BILLING CODE 4410–05–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 157 

[DoD–2008–OS–0075; RIN 0790–AI33] 

Reduction of Use of Social Security 

Numbers (SSN) in the Department of 

Defense (DoD) 

AGENCY: Department of Defense. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule 

establishes policy and assigns 

responsibilities for social security 

number (SSN) reduction in DoD. It 

incorporates Office of the Under 

Secretary of Defense for Personnel and 

Readiness Directive-type Memorandum 

titled ‘‘DoD Social Security Number 

(SSN) Reduction Plan.’’ 

DATES: Comments must be received by 

May 3, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number and/or the 

Regulatory Information Number (RIN) 

number and title, by any of the 

following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or RIN for this Federal 

Register document. The general policy 

for comments and other submissions 

from members of the public is to make 

these submissions available for public 

viewing on the Internet at http:// 

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Uscher, 703–696–0109. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ 

It has been certified that 32 CFR part 

157 does not: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a section of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribunal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another Agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in this Executive Order. 

Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

It has been certified that 32 CFR part 

157 does not contain a Federal mandate 

that may result in the expenditure by 

State, local and tribunal governments, in 

aggregate, or by the private sector, of 

$100 million or more in any 1 year. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been certified that 32 CFR part 

157 is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601) because it 

would not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities. 

This rule establishes policy and assigns 

responsibilities for SSN reduction in 

DoD. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been certified that 32 CFR part 

157 does not impose reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. 

Executive Order 13132, ‘‘Federalism’’ 

It has been certified that 32 CFR part 

157 does not have federalism 

implications, as set forth in Executive 

Order 13132. This rule does not have 

substantial direct effects on: 

(1) The States; 

(2) The relationship between the 

National Government and the States; or 

(3) The distribution of power and 

responsibilities among the various 

levels of Government. 

List of Subjects in 32 CFR Part 157 

Privacy, Security measures, Social 

Security numbers. 

Accordingly, 32 CFR part 157 is 

proposed to be added to read as follows: 

PART 157—REDUCTION OF USE OF 

SOCIAL SECURITY NUMBERS (SSN) 

IN THE DEPARTMENT OF DEFENSE 

(DOD) 

Sec. 

157.1 Purpose. 

157.2 Applicability. 

157.3 Definitions. 

157.4 Policy. 

157.5 Responsibilities. 

157.6. Guidance on the use of the SSN by 

the DoD. 

157.7. DoD SSN reduction in forms and 

systems. 

157.8. Approval for use of the SSN. 

157.9 Information requirements. 


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