‘‘(g) RETALIATION.—It shall be unlawful for any Bu-
reau of Prisons or United States Marshal Service em-
ployee to retaliate against an incarcerated person for re-
porting under the provisions of subsection (e) a violation 
of subsection (a). 
‘‘(h) EDUCATION.—Not later than 90 days after the 
date of enactment of the Protecting the Health and 
Wellness of Babies and Pregnant Women in Custody Act, 
the Director of the Bureau of Prisons and the Director 
of the United States Marshals Service shall each develop 
education guidelines regarding the physical and mental 
health needs of incarcerated pregnant women, and the use 
of restraints and restrictive housing placements on incar-
cerated women during the period of pregnancy, labor, and 
postpartum recovery, and shall incorporate such guidelines 
into appropriate education programs. 
‘‘(i) DEFINITION.—In this section: 
‘‘(1) 
RESTRAINTS.—The 
term 
‘restraints’ 
means any physical or mechanical device used to 
control the movement of an incarcerated pregnant 
woman’s body, limbs, or both. 
‘‘(2) RESTRICTIVE
HOUSING.—The term ‘re-
strictive housing’ means any type of detention that 
involves—
‘‘(A) removal from the general inmate pop-
ulation, whether voluntary or involuntary; 
‘‘(B) placement in a locked room or cell, 
whether alone or with another inmate; and 
‘‘(C) inability to leave the room or cell for 
the vast majority of the day.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 317 of title 18, United States 
Code, is amended by amending the item relating to section 
4322 to read as follows: 
‘‘4322. Use of restraints and restrictive housing on incarcerated women during 
the period of pregnancy, labor, and postpartum recovery pro-
hibited and to improve pregnancy care for women in Federal 
prisons.’’. 
SEC. 5. TREATMENT OF WOMEN WITH HIGH-RISK PREG-
NANCIES. 
(a) IN GENERAL.—Chapter 303 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 4051. Treatment of incarcerated pregnant women 
‘‘(a) HIGH-RISK PREGNANCY HEALTH CARE.—The 
Director of the Bureau of Prisons shall ensure that each 
incarcerated pregnant woman receives health care appro-
priate for a high-risk pregnancy, including obstetrical and 
gynecological care, during pregnancy and post-partum re-
covery. 
‘‘(b) HIGH-RISK PREGNANCIES.—
‘‘(1) IN GENERAL.—The Director of the Bureau 
of Prisons shall transfer any incarcerated woman, 
who is determined by a health care professional to 
have a high-risk pregnancy and who agrees to be 
transferred, to a Residential Reentry Center with 
adequate health care during her pregnancy and post- 
partum recovery. 
‘‘(2) PRIORITY.—The Residential Reentry Cen-
ter to which an incarcerated pregnant woman is 
transferred pursuant to paragraph (1) shall be in a 
geographical location that is close to the family 
members of the incarcerated pregnant woman. In 
the case that a Residential Reentry Center is un-
available, the incarcerated pregnant woman shall be 
transferred to alternative housing, including housing 
with a family member. 
‘‘(3) TRANSPORTATION.—To transport an in-
carcerated pregnant woman to a Residential Reentry 
Center, the Director of the Bureau of Prisons shall 
provide to the woman a mode of transportation that 
has been approved by the woman’s health care pro-
fessional, at no expense to the woman. 
‘‘(4) MONITORING.—In the case that an incar-
cerated pregnant woman transferred to alternative 
housing pursuant to this section is monitored elec-
tronically, an ankle monitor may not be used on the 
woman, unless there is no feasible alternative for 
monitoring the woman. 
‘‘(5) SERVICE
OF
SENTENCE.—Any time ac-
crued at a Residential Reentry Center or alternative 
housing as a result of a transfer made pursuant to 
this section shall be credited toward service of the 
incarcerated pregnant woman’s sentence. 
‘‘(6) CREDIT FOR PRETRIAL CUSTODY.—In the 
case of an incarcerated pregnant woman, any time 
accrued in pretrial custody shall be credited toward 
service of the woman’s sentence. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) FAMILY
MEMBER.—The term ‘family 
member’ means any individual related by blood or 
affinity whose close association with the incarcerated 
pregnant woman is the equivalent of a family rela-
tionship, including a parent, sibling, child, or indi-
vidual standing in loco parentis. 
‘‘(2) RESIDENTIAL
REENTRY
CENTER.—The 
term ‘Residential Reentry Center’ means a Bureau 
of Prisons contracted residential reentry center. 
‘‘(3) HEALTH CARE PROFESSIONAL.— 
‘‘(A) IN GENERAL.—The term ‘health care 
professional’ means—
‘‘(i) a doctor of medicine or osteop-
athy who is authorized to practice medicine 
or surgery by the State in which the doctor 
practices; 
‘‘(ii) any physician’s assistant or 
nurse practitioner who is supervised by a 
doctor of medicine or osteopathy described 
in clause (i); or 
‘‘(iii) any other person determined by 
the Secretary to be capable of providing 
health care services. 
‘‘(B) OTHER HEALTH CARE SERVICES.—A 
person is capable of providing health care serv-
ices if the person is— 
‘‘(i) a podiatrist, dentist, clinical psy-
chologist, optometrist, or chiropractor (lim-
ited to treatment consisting of manual ma-
nipulation of the spine to correct a sub-
luxation as demonstrated by X-ray to 
exist) authorized to practice in the State 
and performing within the scope of their 
practice as defined under State law; 
‘‘(ii) a nurse practitioner, nurse-mid-
wife, clinical social worker, or physician’s 
assistant who is authorized to practice
under State law and who is performing 
within the scope of their practice as de-
fined under State law; and 
‘‘(iii) any health care professional 
from whom an employer or the employer’s 
group health plan’s benefits manager will 
accept certification of the existence of a se-
rious health condition to substantiate a 
claim for benefits. 
‘‘(C) AUTHORIZED TO PRACTICE IN THE 
STATE.—The term ‘authorized to practice in 
the State’ means that a professional must be 
authorized to diagnose and treat physical or 
mental health conditions under the laws of the 
State in which the professional practices and 
where the facility is located. 
‘‘(4) HIGH-RISK PREGNANCY.—The term ‘high- 
risk pregnancy’ means, with respect to an incarcer-
ated woman, that the pregnancy threatens the 
health or life of the woman or pregnancy, as deter-
mined by a health care professional. 
‘‘(5) 
POST-PARTUM
RECOVERY.—The 
term 
‘post-partum recovery’ means the 3-month period be-
ginning on the date on which an incarcerated preg-
nant woman gives birth.’’.