[Federal Register Volume 59, Number 233 (Tuesday, December 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29968]


[[Page Unknown]]

[Federal Register: December 6, 1994]


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Part VII





Department of Justice





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Bureau of Prisons



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28 CFR Part 548




Birth Control, Pregnancy, Child Placement, and Abortion; Interim Rule
DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 548

[BOP 1030-I]
RIN 1120-AA31

 
Birth Control, Pregnancy, Child Placement, and Abortion

AGENCY: Bureau of Prisons, Justice.

ACTION: Interim rule.

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SUMMARY: In this interim rule, the Bureau of Prisons is amending its 
regulations on Birth Control, Pregnancy, Child Placement, and Abortion. 
This amendment removes references to restrictions on the Bureau of 
Prisons' funding of an elective abortion. Removing these references is 
necessary to conform to changes in legislative authority. This 
amendment also makes various editorial or organizational changes for 
the sake of clarity.

DATES: Effective December 6, 1994; comments due by February 6, 1995.

ADDRESSES: 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 amending its 
regulations in 28 CFR part 551, subpart C, on Birth Control, Pregnancy, 
Child Placement, and Abortion. A final rule on this subject was 
published in the Federal Register June 29, 1979 (44 FR 38252) and was 
amended December 30, 1986 (51 FR 47179).
    Each year since 1987, Congress has included restrictions in the 
Department of Justice appropriations legislation on the funding of 
elective abortions. Section 551.23 had been revised to reflect the 
imposition of these restrictions. The appropriations bill for FY 1994 
did not include such restrictions, and the Bureau of Prisons is 
adjusting its regulations accordingly.
    Paragraph (a) of Sec. 551.23, which states that it is the 
responsibility of the inmate to decide whether to have an abortion or 
to bear the child, is unchanged. The provisions formerly in paragraph 
(b) pertaining to the financing of an abortion have been removed. The 
provisions formerly contained in paragraph (c) pertaining to counseling 
have been retained in new paragraph (b). New paragraph (b) also 
contains requirements for written documentation previously required by 
former paragraph (d). The provisions in former paragraph (e) have been 
restated in new paragraph (c). New paragraph (c) has been further 
revised for the sake of clarity and to remove references to where an 
elective abortion was to take place.
    Additional editorial or organizational amendments to the provisions 
for pregnancy and child placement include use of the word ``ensure'' in 
Sec. 551.22(b), and the consolidation of the provisions formerly in 
Sec. 551.24(b) and (c), along with the consequent redesignation of 
Sec. 551.24(d).
    Because this amendment, in response to Congressional action, 
essentially restores the regulations to the wording which was 
originally promulgated, the Bureau finds good cause for exempting the 
provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring 
notice of proposed rulemaking, and delay in effective date, and is 
implementing this change as an interim rule. Members of the public may 
submit comments concerning this rule by writing to the previously cited 
address. These comments will be considered before the rule is 
finalized.
    The Bureau of Prisons has determined that this rule is not a 
significant regulatory action for the purpose of E.O. 12866, and 
accordingly this rule was not reviewed by the Office of Management and 
Budget. After review of the law and regulations, the Director, Bureau 
of Prisons has certified that this rule, for the purpose of the 
Regulatory Flexibility Act (Pub. L. 96-354), does not have a 
significant impact on a substantial number of small entities.

List of Subjects in 28 CFR Part 551

    Prisoners.
Kathleen M. Hawk,
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(p), part 551 in subchapter C of 28 
CFR, chapter V is amended as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 551--MISCELLANEOUS

    1. The authority citation for 28 CFR part 551 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 1512, 3621, 3622, 3624, 4001, 
4005, 4042, 4081, 4082 (Repealed in part as to offenses committed on 
or after November 1, 1987), 4161-4166 (Repealed 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; Pub. L. 99-500 (sec. 209); 28 CFR 0.95-0.99.

    2. In Sec. 551.22, paragraph (b) is revised to read as follows:


Sec. 551.22   Pregnancy.

* * * * *
    (b) In order to ensure proper medical and social services, the 
inmate shall inform the institution medical staff as soon as she 
suspects she is pregnant.
* * * * *
    3. In Sec. 551.23, paragraphs (b) and (d) are removed, and 
paragraphs (c) and (e) are redesignated and revised as new paragraphs 
(b) and (c) to read as follows:


Sec. 551.23   Abortion.

* * * * *
    (b) The Warden shall offer to provide each pregnant inmate with 
medical, religious, and social counseling to aid her in making the 
decision whether to carry the pregnancy to full term or to have an 
elective abortion. If an inmate chooses to have an abortion, she shall 
sign a statement to that effect. The inmate shall sign a written 
statement acknowledging that she has been provided the opportunity for 
the counseling and information called for in this policy.
    (c) Upon receipt of the inmate's written statements required by 
paragraph (b) of this section, ordinarily submitted through the unit 
manager, the Clinical Director shall arrange for an abortion to take 
place.
    4. In Sec. 551.24, paragraph (b) is revised as follows, paragraph 
(c) is removed, and paragraph (d) is redesignated as paragraph (c):


Sec. 551.24   Child placement.

* * * * *
    (b) Child placement is the inmate's responsibility. The Warden 
shall provide opportunities for counseling by institution staff and 
community social agencies to aid the inmate with placement.
* * * * *
[FR Doc. 94-29968 Filed 12-5-94; 8:45 am]
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