[Federal Register: February 25, 1999 (Volume 64, Number 37)] [Rules and Regulations] [Page 9429-9430] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr25fe99-15] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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