IB 

Union Calendar No. 361 

117TH CONGRESS 

2D SESSION H. R. 6878 

[Report No. 117–465, Part I] 

To address the health needs of incarcerated women related to pregnancy 

and childbirth, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 1, 2022 

Ms. BASS (for herself, Mr. RESCHENTHALER, Ms. CLARK of Massachusetts, 

Mrs. LESKO, Mrs. LAWRENCE, Ms. GARCIA of Texas, Ms. SPEIER, Ms. 

LOIS FRANKEL of Florida, Ms. BONAMICI, Mr. THOMPSON of Mississippi, 

Ms. CLARKE of New York, Mr. DANNY K. DAVIS of Illinois, Ms. ADAMS, 

Mrs. CAROLYN B. MALONEY of New York, Mr. COHEN, Ms. MENG, Ms. 

BLUNT ROCHESTER, Ms. SCANLON, Mr. JOHNSON of Georgia, Mr. 

RASKIN, Ms. TITUS, Mr. NEGUSE, Mr. CA ́RDENAS, and Ms. NORTON) introduced the following bill; which was referred to the Committee on the 

Judiciary, and in addition to the Committee on the Budget, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

SEPTEMBER 13, 2022 

Additional sponsors: Ms. SCHAKOWSKY, Ms. LEE of California, Ms. OMAR, 

Mr. PAYNE, Mrs. WATSON COLEMAN, Ms. BROWN of Ohio, Mr. TRONE, 

Mr. CARTER of Louisiana, Ms. CHU, Mr. MANN, Ms. ROYBAL-ALLARD, 

Ms. JOHNSON of Texas, and Ms. STANSBURY

SEPTEMBER 13, 2022 

Reported from the Committee on the Judiciary with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

SEPTEMBER 13, 2022 

Committee on the Budget discharged; committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 


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[For text of introduced bill, see copy of bill as introduced on March 1, 2022] 

A BILL 

To address the health needs of incarcerated women related 

to pregnancy and childbirth, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pregnant Women in 

5 Custody Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) IN CUSTODY.—The term ‘‘in custody’’, with 

9 respect to an individual, means that the individual is 

10 under the supervision of a Federal, State, Tribal, or 

11 local correctional facility, including a pretrial, juve12 nile, medical, or mental health facility and a facility 

13 operated under a contract with the Federal Govern14 ment or a State, Tribal, or local government. 

15 (2) OTHER PREGNANCY OUTCOME.—The term 

16 ‘‘other pregnancy outcome’’ means a pregnancy that 

17 ends in stillbirth, miscarriage, or ectopic pregnancy. 

18 (3) POSTPARTUM RECOVERY.—The term 

19 ‘‘postpartum recovery’’ has the meaning given that 

20 term in section 4051(c) of title 18, United States 

21 Code, as added by this Act. 

22 (4) RESTRAINTS.—The term ‘‘restraints’’ means 

23 any physical or mechanical device used to control the 

24 movement of an incarcerated pregnant woman’s body, 

25 limbs, or both. 


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1 (5) RESTRICTIVE HOUSING.—The term ‘‘restric2 tive housing’’ has the meaning given that term in sec3 tion 4322 of title 18, United States Code, as added 

4 by this Act. 

5 SEC. 3. DATA COLLECTION. 

6 (a) IN GENERAL.—Beginning not later than 1 year 

7 after the date of enactment of this Act, pursuant to the au8 thority under section 302 of title I of the Omnibus Crime 

9 Control and Safe Streets Act of 1968 (34 U.S.C. 10132), 

10 the Director of the Bureau of Justice Statistics shall include 

11 in the National Prisoner Statistics Program and Annual 

12 Survey of Jails statistics relating to the health needs of in13 carcerated pregnant women in the criminal justice system 

14 at the Federal, State, Tribal, and local levels, including— 

15 (1) demographic and other information about in16 carcerated women who are pregnant, in labor, or in 

17 postpartum recovery, including the race, ethnicity, 

18 and age of the woman; 

19 (2) the provision of pregnancy care and services 

20 provided for such women, including— 

21 (A) whether prenatal, delivery, and post-de22 livery check-up visits were scheduled and pro23 vided; 

24 (B) whether a social worker, psychologist, 

25 doula or other support person was offered and 


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1 provided during pregnancy and delivery and 

2 post-delivery; 

3 (C) whether a pregnancy or parenting pro4 gram was offered and provided during preg5 nancy; 

6 (D) whether a nursery or residential pro7 gram to keep mothers and infants together post8 delivery was offered and whether such a nursery 

9 or residential program was provided; 

10 (E) the number of days the mother stayed 

11 in the hospital post-delivery; 

12 (F) the number of days the infant remained 

13 with the mother post-delivery; and 

14 (G) the number of days the infant remained 

15 in the hospital after the mother was discharged; 

16 (3) the location of the nearest hospital with a li17 censed obstetrician-gynecologist in proximity to where 

18 the incarcerated pregnant woman is housed and the 

19 length of travel required to transport the woman; 

20 (4) whether a written policy or protocol is in 

21 place— 

22 (A) to respond to unexpected childbirth, 

23 labor, deliveries, or medical complications re24 lated to the pregnancies of incarcerated pregnant 

25 women; and 


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1 (B) for incarcerated pregnant women expe2 riencing labor or medical complications related 

3 to pregnancy outside of a hospital; 

4 (5) the number of incarcerated women who are 

5 determined by a health care professional to have a 

6 high-risk pregnancy; 

7 (6) the total number of incarcerated pregnant 

8 women and the number of incarcerated women who 

9 became pregnant while incarcerated; 

10 (7) the number of incidents in which an incar11 cerated woman who is pregnant, in labor, or in 

12 postpartum recovery is placed in restrictive housing, 

13 the reason for such restriction or placement, and the 

14 circumstances under which each incident occurred, 

15 including the duration of time in restrictive housing, 

16 during— 

17 (A) pregnancy; 

18 (B) labor; 

19 (C) delivery; 

20 (D) postpartum recovery; and 

21 (E) the 6-month period after delivery; and 

22 (8) the disposition of the custody of the infant 

23 post-delivery. 

24 (b) PERSONALLY IDENTIFIABLE INFORMATION.—Data 

25 collected under this section may not contain any personally 


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1 identifiable information of any incarcerated pregnant 

2 woman or woman in postpartum recovery. 

3 SEC. 4. CARE FOR FEDERALLY INCARCERATED WOMEN RE4 LATED TO PREGNANCY AND CHILDBIRTH. 

5 (a) IN GENERAL.—The Director of the Bureau of Pris6 ons shall ensure that appropriate services and programs, 

7 as described in subsection (b), are provided to women in 

8 custody, to address the health and safety needs of such 

9 women related to pregnancy and childbirth. The warden of 

10 each Bureau of Prisons facility that houses women shall en11 sure that these services and programs are implemented for 

12 women in custody at that facility. 

13 (b) SERVICES AND PROGRAMS PROVIDED.—The serv14 ices and programs described in this subsection are the fol15 lowing: 

16 (1) ACCESS TO COMPLETE APPROPRIATE HEALTH

17 SERVICES FOR THE LIFE CYCLE OF WOMEN.—The Di18 rector of the Bureau of Prisons— 

19 (A) shall provide to each woman in cus20 tody— 

21 (i) pregnancy testing and testing for 

22 sexually transmitted diseases; and 

23 (ii) the option to decline such testing; 

24 and 


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1 (B) at an inmate’s request, shall provide 

2 contraception. 

3 (2) COMPLIANCE WITH PROTOCOLS RELATING TO

4 HEALTH OF A PREGNANT WOMAN.—On confirmation 

5 of the pregnancy of a woman in custody by clinical 

6 diagnostics and assessment, the chief health care pro7 fessional of the Bureau of Prisons facility in which 

8 the woman is housed shall ensure that— 

9 (A) a summary of all appropriate protocols 

10 directly pertaining to the safety and well-being 

11 of the woman are provided to the woman; 

12 (B) such protocols are complied with; and 

13 (C) such protocols include an assessment of 

14 undue safety risks and necessary changes to ac15 commodate the woman where and when appro16 priate, as it relates to— 

17 (i) housing or transfer to a lower bunk 

18 for safety reasons; 

19 (ii) appropriate bedding or clothing to 

20 respond to the woman’s changing physical 

21 requirements and the temperature in hous22 ing units; 

23 (iii) regular access to water and bath24 rooms; 

25 (iv) a diet that— 


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1 (I) complies with the nutritional 

2 standards established by the Secretary 

3 of Agriculture and the Secretary of 

4 Health and Human Services in the Di5 etary Guidelines for Americans report 

6 published pursuant to section 

7 301(a)(3) of the National Nutrition 

8 Monitoring and Related Research Act 

9 of 1990 (7 U.S.C. 5341(a)(3)); and 

10 (II) includes— 

11 (aa) any appropriate dietary 

12 supplement, including prenatal 

13 vitamins; 

14 (bb) timely and regular nu15 tritious meals; 

16 (cc) additional caloric con17 tent in meals provided; 

18 (dd) a prohibition on with19 holding food from the woman or 

20 serving any food that is used as a 

21 punishment, including nutraloaf 

22 or any food similar to nutraloaf 

23 that is not considered a nutritious 

24 meal; and 


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1 (ee) such other modifications 

2 to the diet of the woman as the 

3 Director of the Bureau of Prisons 

4 determines to be necessary after 

5 consultation with the Secretary of 

6 Health and Human Services and 

7 consideration of such rec8 ommendations as the Secretary 

9 may provide; 

10 (v) modified recreation and transpor11 tation, in accordance with standards within 

12 the obstetrical and gynecological care com13 munity, to prevent overexertion or pro14 longed periods of inactivity; and 

15 (vi) such other changes to living condi16 tions as the Director of the Bureau of Pris17 ons may require after consultation with the 

18 Secretary of Health and Human Services 

19 and consideration of such recommendations 

20 as the Secretary may provide. 

21 (3) EDUCATION AND SUPPORT SERVICES.— 

22 (A) PREGNANCY IN CUSTODY.—A woman 

23 who is pregnant at intake or who becomes preg24 nant while in custody shall, not later than 14 

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1 reau of Prisons official of the pregnancy, receive 

2 prenatal education, counseling, and birth sup3 port services provided by a provider trained to 

4 provide such services, including— 

5 (i) information about the parental 

6 rights of the woman, including the right to 

7 place the child in kinship care, and notice 

8 of the rights of the child; 

9 (ii) information about family preserva10 tion support services that are available to 

11 the woman; 

12 (iii) information about the nutritional 

13 standards referred to in paragraph 

14 (2)(C)(iv); 

15 (iv) information pertaining to the 

16 health and safety risks of pregnancy, child17 birth, and parenting, including postpartum 

18 depression; 

19 (v) information on breast-feeding, lac20 tation, and breast health; 

21 (vi) appropriate educational materials, 

22 resources, and services related to pregnancy, 

23 childbirth, and parenting; 

24 (vii) information and notification 

25 services for incarcerated parents regarding 


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1 the risk of debt repayment obligations asso2 ciated with their child’s participation in so3 cial welfare programs, including assistance 

4 under any State program funded under 

5 part A of title IV of the Social Security Act 

6 (42 U.S.C. 601 et seq.) or benefits under the 

7 supplemental nutrition assistance program, 

8 as defined in section 3 of the Food and Nu9 trition Act of 2008 (7 U.S.C. 2012), or any 

10 State program carried out under that Act; 

11 and 

12 (viii) information from the Office of 

13 Child Support Enforcement of the Depart14 ment of Health and Human Services re15 garding seeking or modifying child support 

16 while incarcerated, including how to par17 ticipate in the Bureau of Prison’s Inmate 

18 Financial Responsibility Program under 

19 subpart B of part 545 of title 28, Code of 

20 Federal Regulations (or any successor pro21 gram). 

22 (B) BIRTH WHILE IN CUSTODY OR PRIOR TO

23 CUSTODY.—A woman who, while in custody or 

24 during the 6-month period immediately pre25 ceding intake, gave birth or experienced any 


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1 other pregnancy outcome shall receive counseling 

2 provided by a licensed or certified provider 

3 trained to provide such services, including— 

4 (i) information about the parental 

5 rights of the woman, including the right to 

6 place the child in kinship care, and notice 

7 of the rights of the child; and 

8 (ii) information about family preserva9 tion support services that are available to 

10 the woman. 

11 (4) EVALUATIONS.— 

12 (A) IN GENERAL.—Each woman in custody 

13 who is pregnant or whose pregnancy results in 

14 a birth or any other pregnancy outcome during 

15 the 6-month period immediately preceding intake 

16 or any time in custody thereafter shall be evalu17 ated as soon as practicable after intake or con18 firmation of pregnancy through evidence-based 

19 screening and assessment for substance use dis20 orders or mental health conditions, including 

21 postpartum depression or depression related to 

22 pregnancy, birth, or any other pregnancy out23 come or early child care. 


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1 (B) RISK FACTORS.—Screening under sub2 paragraph (A) shall include identification of any 

3 of the following risk factors: 

4 (i) An existing mental or physical 

5 health condition or substance use disorder. 

6 (ii) Being underweight or overweight. 

7 (iii) Multiple births or a previous still 

8 birth. 

9 (iv) A history of preeclampsia. 

10 (v) A previous Caesarean section. 

11 (vi) A previous miscarriage. 

12 (vii) Being older than 35 or younger 

13 than 15. 

14 (viii) Being diagnosed with the human 

15 immunodeficiency virus, hepatitis, diabetes, 

16 or hypertension. 

17 (ix) Such other risk factors as the chief 

18 health care professional of the Bureau of 

19 Prisons facility that house the woman may 

20 determine to be appropriate. 

21 (5) UNEXPECTED BIRTHS RULEMAKING.—The 

22 Director of the Bureau of Prisons shall provide serv23 ices to respond to unexpected childbirth deliveries, 

24 labor complications, and medical complications re25 lated to pregnancy if a woman in custody is unable 


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1 to access a hospital in a timely manner in accordance 

2 with rules promulgated by the Attorney General, 

3 which shall be promulgated not later than 180 days 

4 after the date of enactment of this Act. 

5 (6) TREATMENT.—The Director of the Bureau of 

6 Prisons shall use best efforts to provide a woman in 

7 custody who is pregnant and diagnosed with having 

8 a substance use disorder or a mental health disorder 

9 with appropriate evidence-based treatment. 

10 SEC. 5. USE OF RESTRICTIVE HOUSING ON INCARCERATED 

11 PREGNANT WOMEN DURING PREGNANCY, 

12 LABOR, AND POSTPARTUM RECOVERY PRO13 HIBITED. 

14 (a) IN GENERAL.—Section 4322 of title 18, United 

15 States Code, is amended to read as follows: 

16 ‘‘§ 4322. Use of restrictive housing on incarcerated 

17 women during the period of pregnancy, 

18 labor, and postpartum recovery prohib19 ited 

20 ‘‘(a) PROHIBITION.—Except as provided in subsection 

21 (b), during the period beginning on the date on which preg22 nancy is confirmed by a health care professional and end23 ing not earlier than 12 weeks after delivery, an incarcerated 

24 woman in the custody of the Bureau of Prisons, or in the 


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1 custody of the United States Marshals Service pursuant to 

2 section 4086, shall not be held in restrictive housing. 

3 ‘‘(b) EXCEPTIONS.— 

4 ‘‘(1) RESTRICTIVE HOUSING.—Subject to para5 graph (4), the prohibition under subsection (a) relat6 ing to restrictive housing shall not apply if the Direc7 tor of the Bureau of Prisons or a senior Bureau of 

8 Prisons official overseeing women’s health and serv9 ices, in consultation with senior officials in health 

10 services, makes an individualized determination that 

11 restrictive housing is required as a temporary re12 sponse to behavior that poses a serious and immediate 

13 risk of physical harm. 

14 ‘‘(2) REVIEW.—The official who makes a deter15 mination under subparagraph (A) shall review such 

16 determination daily for the purpose of removing an 

17 incarcerated woman as quickly as feasible from re18 strictive housing. 

19 ‘‘(3) RESTRICTIVE HOUSING PLAN.—The official 

20 who makes a determination under subparagraph (A) 

21 shall develop an individualized plan to move an in22 carcerated woman to less restrictive housing within a 

23 reasonable amount of time. 

24 ‘‘(4) PROHIBITION ON SOLITARY CONFINE25 MENT.—An incarcerated woman who is placed in reVerDate Sep 11 2014 00:06 Sep 14, 2022 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6203 E:\BILLS\H6878.RH H6878

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1 strictive housing under this subsection may not be 

2 placed in solitary confinement if the incarcerated 

3 woman is in her third trimester. 

4 ‘‘(c) REPORTS.— 

5 ‘‘(1) REPORT TO DIRECTORS AND HEALTH CARE

6 PROFESSIONAL AFTER PLACEMENT IN RESTRICTIVE

7 HOUSING.—Not later than 30 days after the date on 

8 which an incarcerated woman is placed in restrictive 

9 housing under subsection (b), the applicable official 

10 identified in subsection (b)(1), correctional officer, or 

11 United States Marshal shall submit to the Director of 

12 the Bureau of Prisons or the Director of the United 

13 States Marshals Service, as applicable, and to the 

14 health care professional responsible for the health and 

15 safety of the woman, a written report which describes 

16 the facts and circumstances surrounding the restric17 tive housing placement, and includes the following: 

18 ‘‘(A) The reasoning upon which the deter19 mination for the placement was made. 

20 ‘‘(B) The details of the placement, including 

21 length of time of placement and how frequently 

22 and how many times the determination was 

23 made subsequent to the initial determination to 

24 continue the restrictive housing placement. 


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1 ‘‘(C) A description of all attempts to use al2 ternative interventions and sanctions before the 

3 restrictive housing was used. 

4 ‘‘(D) Any resulting physical effects on the 

5 woman observed by or reported by the health 

6 care professional responsible for the health and 

7 safety of the woman. 

8 ‘‘(E) Strategies the facility is putting in 

9 place to identify more appropriate alternative 

10 interventions should a similar situation arise 

11 again. 

12 ‘‘(2) REPORT TO CONGRESS.—Not later than 180 

13 days after the date of enactment of the Pregnant 

14 Women in Custody Act, and every 180 days thereafter 

15 for a period of 10 years, the Attorney General shall 

16 submit to the Committee on the Judiciary of the Sen17 ate and the Committee on the Judiciary of the House 

18 of Representatives a report on the placement of incar19 cerated women in restrictive housing under subsection 

20 (b), which shall include the information described in 

21 paragraph (1). 

22 ‘‘(d) NOTICE.—Not later than 24 hours after the con23 firmation of the pregnancy of an incarcerated woman by 

24 a health care professional, that woman shall be notified, 

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1 sional, correctional officer, or United States Marshal, as ap2 plicable— 

3 ‘‘(1) of the restrictions on the use of restrictive 

4 housing placements under this section; 

5 ‘‘(2) of the right of the incarcerated woman to 

6 make a confidential report of a violation of restric7 tions on the use of restrictive housing placement; and 

8 ‘‘(3) that the facility staff have been advised of 

9 all rights of the incarcerated woman under subsection 

10 (a). 

11 ‘‘(e) VIOLATION REPORTING PROCESS.—Not later than 

12 180 days after the date of enactment of the Pregnant 

13 Women in Custody Act, the Director of the Bureau of Pris14 ons and the Director of the United States Marshals Service 

15 shall establish processes through which an incarcerated per16 son may report a violation of this section. 

17 ‘‘(f) NOTIFICATION OF RIGHTS.—The warden of the 

18 Bureau of Prisons facility where a pregnant woman is in 

19 custody shall notify necessary facility staff of the pregnancy 

20 and of the rights of the incarcerated pregnant woman under 

21 subsection (a). 

22 ‘‘(g) RETALIATION.—It shall be unlawful for any Bu23 reau of Prisons or United States Marshals Service employee 

24 to retaliate against an incarcerated person for reporting 


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1 under the processes established under subsection (e) a viola2 tion of subsection (a). 

3 ‘‘(h) EDUCATION.—Not later than 90 days after the 

4 date of enactment of the Pregnant Women in Custody Act, 

5 the Director of the Bureau of Prisons and the Director of 

6 the United States Marshals Service shall each— 

7 ‘‘(1) develop education guidelines regarding the 

8 physical and mental health needs of incarcerated 

9 pregnant women, and the use of restrictive housing 

10 placements on incarcerated women during the period 

11 of pregnancy, labor, and postpartum recovery; and 

12 ‘‘(2) incorporate such guidelines into appro13 priate education programs. 

14 ‘‘(i) DEFINITION.—In this section, the term ‘restrictive 

15 housing’ means any type of detention that involves— 

16 ‘‘(1) removal from the general inmate popu17 lation, whether voluntary or involuntary; 

18 ‘‘(2) placement in a locked room or cell, whether 

19 alone or with another inmate; and 

20 ‘‘(3) inability to leave the room or cell for the 

21 vast majority of the day.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections for 

23 chapter 317 of title 18, United States Code, is amended by 

24 striking the item relating to section 4322 and inserting the 

25 following: 


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‘‘4322. Use of restrictive housing on incarcerated women during the period of 

pregnancy, labor, and postpartum recovery prohibited.’’. 

1 SEC. 6. TREATMENT OF WOMEN WITH HIGH-RISK PREG2 NANCIES. 

3 (a) IN GENERAL.—Chapter 303 of title 18, United 

4 States Code, is amended by adding at the end the following: 

5 ‘‘§ 4052. Treatment of incarcerated pregnant women 

6 ‘‘(a) HIGH-RISK PREGNANCY HEALTH CARE.—The 

7 Director of the Bureau of Prisons shall ensure that each 

8 incarcerated pregnant woman receives an evaluation to de9 termine if the pregnancy is high-risk and, if so, receives 

10 healthcare appropriate for a high-risk pregnancy, including 

11 obstetrical and gynecological care, during pregnancy and 

12 postpartum recovery. 

13 ‘‘(b) HIGH-RISK PREGNANCIES.— 

14 ‘‘(1) IN GENERAL.—The Director of the Bureau 

15 of Prisons shall transfer to a Residential Reentry 

16 Center with adequate health care during her preg17 nancy and postpartum recovery any incarcerated 

18 woman who— 

19 ‘‘(A) is determined by a health care profes20 sional to have a high-risk pregnancy; and 

21 ‘‘(B) agrees to be transferred. 

22 ‘‘(2) PRIORITY.—The Residential Reentry Center 

23 to which an incarcerated pregnant woman is trans24 ferred under paragraph (1) shall, to the extent pracVerDate Sep 11 2014 00:06 Sep 14, 2022 Jkt 029200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6203 E:\BILLS\H6878.RH H6878

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1 ticable, be in a geographical location that is close to 

2 the family members of the incarcerated pregnant 

3 woman. 

4 ‘‘(3) TRANSPORTATION.—To transport an incar5 cerated pregnant woman to a Residential Reentry 

6 Center, the Director of the Bureau of Prisons shall 

7 provide to the woman a mode of transportation that 

8 a healthcare professional has determined to be safe for 

9 transporting the pregnant woman. 

10 ‘‘(4) SERVICE OF SENTENCE.—Any time accrued 

11 at a Residential Reentry Center or alternative hous12 ing as a result of a transfer made under this section 

13 shall be credited toward service of the incarcerated 

14 pregnant woman’s sentence. 

15 ‘‘(c) DEFINITIONS.—In this section: 

16 ‘‘(1) HEALTH CARE PROFESSIONAL.—The term 

17 ‘health care professional’ means— 

18 ‘‘(A) a doctor of medicine or osteopathy who 

19 is authorized to diagnose and treat physical or 

20 mental health conditions under the laws of the 

21 State in which the doctor practices and where 

22 the facility is located; 

23 ‘‘(B) any physician’s assistant or nurse 

24 practitioner who is supervised by a doctor of 


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1 medicine or osteopathy described in subpara2 graph (A); or 

3 ‘‘(C) any other person determined by the 

4 Director of the Bureau of Prisons to be capable 

5 of providing health care services. 

6 ‘‘(2) HIGH-RISK PREGNANCY.—The term ‘high7 risk pregnancy’ means, with respect to an incarcer8 ated woman, that the pregnancy threatens the health 

9 or life of the woman or pregnancy, as determined by 

10 a health care professional. 

11 ‘‘(3) POSTPARTUM RECOVERY.—The term 

12 ‘postpartum recovery’ means the 3-month period be13 ginning on the date on which an incarcerated preg14 nant woman gives birth, or longer as determined by 

15 a health care professional following delivery, and 

16 shall include the entire period that the incarcerated 

17 pregnant woman is in the hospital or infirmary. 

18 ‘‘(4) RESIDENTIAL REENTRY CENTER.—The term 

19 ‘Residential Reentry Center’ means a Bureau of Pris20 ons contracted residential reentry center.’’. 

21 (b) CONFORMING AMENDMENT.—The table of sections 

22 for chapter 303 of title 18, United States Code, is amended 

23 by adding at the end the following: 

‘‘4052. Treatment of incarcerated pregnant women.’’. 


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1 SEC. 7. REPORTING REQUIREMENT REGARDING CLAIMS 

2 FILED BY PREGNANT INMATES. 

3 The Director of the Federal Bureau of Prisons shall 

4 make publicly available on the website of the Federal Bu5 reau of Prisons on an annual basis the following informa6 tion: 

7 (1) The total number of Administrative Remedy 

8 appeals related to pregnant inmates that were filed 

9 during the previous year. 

10 (2) The total number of institution-level Requests 

11 for Administrative Remedy related to pregnant in12 mates that were filed during the previous year. 

13 (3) The total number of informal requests for ad14 ministrative remedy related to pregnant inmates that 

15 were filed during the previous year. 

16 (4) The total number of requests or appeals re17 lated to pregnant inmates during the previous year 

18 that were not resolved before the inmate gave birth or 

19 that were mooted because the inmate’s pregnancy 

20 ended. 

21 (5) The average amount of time that each cat22 egory of request or appeal took to resolve during the 

23 previous year. 

24 (6) The shortest and longest amounts of time 

25 that a request or appeal in each category that was re26 solved in the last year took to resolve. 


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1 SEC. 8. EDUCATION AND TECHNICAL ASSISTANCE. 

2 The Director of the National Institute of Corrections 

3 shall provide education and technical assistance, in con4 junction with the appropriate public agencies, at State and 

5 local correctional facilities that house women and facilities 

6 in which incarcerated women go into labor and give birth, 

7 in order to educate the employees of such facilities, includ8 ing health personnel, on the dangers and potential mental 

9 health consequences associated with the use of restrictive 

10 housing and restraints on incarcerated women during preg11 nancy, labor, and postpartum recovery, and on alternatives 

12 to the use of restraints and restrictive housing placement. 

13 SEC. 9. BUREAU OF PRISONS STAFF AND UNITED STATES 

14 MARSHALS TRAINING. 

15 (a) BUREAU OF PRISONS TRAINING.— 

16 (1) IN GENERAL.— 

17 (A) INITIAL TRAINING.—Not later than 180 

18 days after the date of enactment of this Act, the 

19 Director of the Bureau of Prisons shall provide 

20 training to carry out the requirements of this 

21 Act and the amendments made by this Act to 

22 each correctional officer at any Bureau of Pris23 ons facility that houses women who is employed 

24 on the date of enactment of this Act. 

25 (B) SUBSEQUENT TRAINING.—After the ini26 tial training provided under subparagraph (A), 


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1 the Director of the Bureau of Prisons shall pro2 vide training to carry out the requirements of 

3 this Act and the amendments made by this Act 

4 twice each year to each correctional officer at 

5 any Bureau of Prisons facility that houses 

6 women. 

7 (2) NEW HIRES.— 

8 (A) DEFINITION.—In this paragraph, the 

9 term ‘‘covered new correctional officer’’ means an 

10 individual appointed to a position as a correc11 tional officer at a Bureau of Prisons facility that 

12 houses women on or after the date that is 180 

13 days after the date of enactment of this Act. 

14 (B) TRAINING.—The Director of the Bureau 

15 of Prisons shall train each covered new correc16 tional officer to carry out the requirements of 

17 this Act and the amendments made by this Act 

18 not later than 30 days after the date on which 

19 the covered new correctional officer is appointed. 

20 (b) UNITED STATES MARSHALS TRAINING.— 

21 (1) IN GENERAL.—On and after the date that is 

22 180 days after the date of enactment of this Act, the 

23 Director of the United States Marshals Service shall 

24 ensure that each Deputy United States Marshal has 


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•HR 6878 RH

1 received trained pursuant to the guidelines described 

2 in subsection (c). 

3 (2) NEW HIRES.— 

4 (A) DEFINITION.—In this paragraph, the 

5 term ‘‘new Deputy United States Marshal’’ 

6 means an individual appointed to a position as 

7 a Deputy United States Marshal after the date 

8 of enactment of this Act. 

9 (B) TRAINING.—Not later than 30 days 

10 after the date on which a new Deputy United 

11 States Marshal is appointed, the new Deputy 

12 United States Marshal shall receive training 

13 pursuant to the guidelines described in sub14 section (c). 

15 (c) GUIDELINES.— 

16 (1) IN GENERAL.—The Director of the Bureau of 

17 Prisons and the United States Marshals Service shall 

18 each develop guidelines on the treatment of incarcer19 ated women during pregnancy, labor, and postpartum 

20 recovery and incorporate such guidelines in the train21 ing required under this section. 

22 (2) CONTENTS.—The guidelines developed under 

23 paragraph (1) shall include guidance on— 

24 (A) the transportation of incarcerated preg25 nant women; 


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1 (B) housing of incarcerated pregnant 

2 women; 

3 (C) nutritional requirements for incarcer4 ated pregnant women; and 

5 (D) the right of a health care professional to 

6 request that restraints not be used. 

7 SEC. 10. GAO STUDY ON STATE AND LOCAL CORRECTIONAL 

8 FACILITIES. 

9 The Comptroller General of the United States shall 

10 conduct a study of services and protections provided for 

11 pregnant incarcerated women in local and State correc12 tional settings, including— 

13 (1) policies on— 

14 (A) obstetrical and gynecological care; 

15 (B) education on nutritional issues and 

16 health and safety risks associated with preg17 nancy; 

18 (C) mental health and substance use treat19 ment; 

20 (D) access to prenatal and post-delivery 

21 support services and programs; and 

22 (E) the use of restraints and restrictive 

23 housing placement; and 

24 (2) the extent to which the intent of such policies 

25 is fulfilled. 


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1 SEC. 11. DETERMINATION OF BUDGETARY EFFECTS. 

2 The budgetary effects of this Act, for the purpose of 

3 complying with the Statutory Pay-As-You-Go-Act of 2010, 

4 shall be determined by reference to the latest statement titled 

5 ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 

6 submitted for printing in the Congressional Record by the 

7 Chairman of the Senate Budget Committee, provided that 

8 such statement has been submitted prior to the vote on pas9 sage. 


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Union Calendar No. 361 

117TH CONGRESS 

2D SESSION H. R. 6878 

[Report No. 117–465, Part I] 

A BILL 

To address the health needs of incarcerated women 

other purposes. related to pregnancy and childbirth, and for 

SEPTEMBER 13, 2022 

Reported from the Committee on the Judiciary with an 

amendment 

SEPTEMBER 13, 2022 

Committee on the Budget discharged; committed to the 

Union and ordered to be printed Committee of the Whole House on the State of the 


kjohnson on DSK79L0C42PROD with BILLS