[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]
BILLING CODE 4410-05-P
