104 STAT. 4914 PUBLIC LAW 101-647—NOV. 29, 1990 "(3) As used in this section, the term 'functional literacy' means— "(A) an eighth grade equivalence in reading and mathematics on a nationally recognized standardized test; "(B) functional competency or literacy on a nationally recognized criterion-referenced test; or "(C) a combination of subjjaragraphs (A) and (B). "(4) Non-English speaking inmates shall be required to participate in an English-As-A-Second-Language program until they function at the equivalence of the eighth grade on a nationally recognized educational achievement test. "(5) The Chief Executive Officer of each institution shall have authority to grant waivers for good cause as determined and documented on an individual basis. Reports. "(6) A report shall be provided to Congress on an annual basis summarizing the results of this program, including the number of inmate participants, the number successfully completing the program, the number who do not successfully complete the - program, and the reasons for failure to successfully complete the program.". 18 USC 4121 SEC. 2905. MANDATORY WORK REQUIREMENT FOR ALL PRISONERS. (a) IN GENERAL.— (1) It is the policy of the Federal Government that convicted inmates confined in Federal prisons, jails, and other detention facilities shall work. The type of work in which they will be involved shall be dictated by appropriate security considerations and by the health of the prisoner involved. (2) A Federal prisoner may be excused from the requirement to work only as necessitated by— (A) security considerations; (B) disciplinary action; (C) medical certification of disability such as would make it impracticable for prison officials to arrange useful work for the prisoner to perform; or (D) a need for the prisoner to work less than a full work schedule in order to participate in literacy training, drug rehabilitation, or similar programs in addition to the work program. SEC. 2906. EXPANSION OF THE PRIVATE SECTOR/PRISON INDUSTRY ENHANCEMENT CERTIFICATION PROGRAM. Section 1761(c) of title 18, United States Code, is amended— (1) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively; (2) by striking the matter preceding paragraph (2), as redesignated by paragraph (1) of this section, and inserting the following: "(c) In addition to the exceptions set forth in subsection (b) of this section, this chapter shall not apply to goods, wares, or merchandise mginufactured, produced, or mined by convicts or prisoners who— "(1) are participating in—one of not more than 50 non-Federal prison work pilot projects designated by the Director of the Bureau of Justice Assistance; and"; and (3) in paragraph (2), as redesignated by paragraph (1) of this section, by amending subparagraph (B) to read as follows:
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