[Federal Register Volume 64, Number 37 (Thursday, February 25, 1999)]
[Rules and Regulations]
[Pages 9429-9430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4733]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 551

[BOP-1030-F]
RIN 1120-AA31


Birth Control, Pregnancy, Child Placement, and Abortion

AGENCY: Bureau of Prisons, Justice.

ACTION: Final Rule.

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SUMMARY: This document finalizes the interim rule pertaining to birth 
control, pregnancy, child placement, and abortion regulations for 
female inmates. The interim rule removed references to restrictions on 
the Bureau of Prisons' funding of an elective abortion to conform to 
changes in legislative authority. The interim rule also made various 
editorial or organizational changes for the sake of clarity. There are 
no changes necessary to the interim rule.

EFFECTIVE DATE: February 25, 1999.

ADDRESSES: Rules Unit, 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 finalizing 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). An interim rule on this 
subject was published in the Federal Register on December 6, 1994. The 
Bureau received comment from two respondents.
    Both commenters, writing for public interest organizations, agreed 
with the general intent of the regulations (28 CFR Sec. 551.23) 
allowing women prisoners to have elective abortions. However, both 
stressed that the rule should clearly state that the Bureau of Prisons 
will assume all medical and transportation costs related to the 
abortion.
    Federal Bureau of Prisons' regulations must conform with current 
law, and implementing text within Bureau policy instructs staff on the 
appropriate policies and procedures regarding this matter. Currently, 
the law states that the Bureau may not use appropriated funds to 
require any person to perform or facilitate the performance of an 
abortion. The Bureau may only pay for those abortions in which the life 
of the mother would be in danger if the fetus was carried to full term 
or in cases of rape. In all other cases, non-Bureau funds must be 
obtained to pay for any abortion procedure, or else the planned 
abortion may not be performed. In all cases, however, the Bureau will 
expend funds to escort the inmate to an appropriate facility outside 
the facility to receive the procedure.
    While not the subject of the interim rule, both commenters were 
also concerned with timely access to counseling services for women 
prisoners seeking abortion. They noted their concern that counseling be 
provided in an expeditious manner and that any delay in receipt of 
counseling services not prevent the planned abortion from being 
performed.
    The Bureau believes that counseling services will be provided in a 
timely manner so that women prisoners will receive adequate counseling 
before making the decision whether to carry the fetus to full term or 
to have an elective abortion.
    The second commenter was also concerned that the inmates' privacy 
will be compromised by placement of documentation of counseling 
sessions in the inmates' central file and by requiring the inmate to 
submit a written statement to the unit manager rather than directly to 
medical staff. By placing such documentation only in the inmates' 
medical file and by requiring the written statement to be submitted 
only to medical staff, Federal and state confidentiality provisions are 
invoked. The Bureau believes this concern to be overstated. Bureau 
staff are required to keep all inmate information, that is not public 
information, confidential and are guided by the Privacy Act and Bureau 
of Prisons policy in so doing.
    The second commenter further raised concerns regarding child 
placement provisions. This commenter felt that

[[Page 9430]]

prisoners should have access to information and resources to include 
access to telephones to discuss placement with family members, outside 
agencies, and other individuals. Bureau telephone regulations are 
governed by 28 CFR part 540 subpart I, and allow for inmates to use the 
telephone to maintain community ties and in compelling circumstances 
such as a family emergency. Also, staff and counselors are available to 
assist the inmate in finding a suitable placement for her child.

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.

Executive Order 12612

    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, in accordance with Executive 
Order 12612, it is determined 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, in accordance with the 
Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this 
regulation and by approving it certifies that this regulation 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 section 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 foreign-based companies in domestic and export markets.

Plain Language Instructions

    We try to write clearly. If you can suggest how to improve the 
clarity of these regulations, call or write Roy Nanovic, Rules Unit, 
Office of General Counsel, Bureau of Prisons, 320 First St., 
Washington, DC 20534; telephone (202) 514-6655.

List of Subjects in 28 CFR Part 551

    Prisoners.
Kathleen Hawk Sawyer,
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), the interim rule published 
December 6, 1994 (59 FR 62968) amending part 551 in subchapter C of 28 
CFR, is adopted as a final rule with no changes.

[FR Doc. 99-4733 Filed 2-24-99; 8:45 am]
BILLING CODE 4410-05-P