(4) the location of the nearest hospital with a 
licensed obstetrician-gynecologist in proximity to 
where the inmate is housed and the length of travel 
required to transport the inmate; 
(5) whether a written policy or protocol is in 
place to respond to unexpected childbirth deliveries 
of pregnant inmates and for inmates experiencing 
labor or other medical complications related to such 
pregnancy when they are not located at a hospital; 
and 
(6) the number of incidents in which an incar-
cerated woman who is pregnant, in labor, or in 
postpartum recovery was restrained or placed in re-
strictive housing, the reason for such restriction or 
placement, the type of restraints used, and the cir-
cumstances under which each incident occurred, in-
cluding the duration of time in restrictive housing, 
during— 
(A) pregnancy; 
(B) labor; 
(C) delivery; and 
(D) postpartum recovery. 
(b) PERSONALLY IDENTIFIABLE INFORMATION.— 
Data collected under this paragraph shall not contain any 
personally identifiable information of any prisoner. 
VerDate Sep 11 2014 
04:35 Sep 19, 2018
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6805.IH
H6805
lotter on DSKBCFDHB2PROD with BILLS
SEC. 4. CARE FOR FEDERALLY INCARCERATED WOMEN RE-
LATED TO PREGNANCY AND CHILDBIRTH. 
(a) IN GENERAL.—The head of each Bureau of Pris-
ons women’s facility shall ensure that appropriate services 
and programs are provided to women in custody at the 
facility, including pre-trial and contract facilities, to ad-
dress the health and safety needs of inmates related to 
pregnancy and childbirth. 
(b) SERVICES AND PROGRAMS PROVIDED.—The head 
of each Bureau of Prisons women’s facility shall ensure 
that: 
(1) every woman of reproductive age in custody 
at the facility has access to pregnancy testing, con-
traception, and testing for sexually transmitted dis-
eases; 
(2) upon learning of an inmate’s pregnancy, ei-
ther by self-report or clinical diagnostics and assess-
ment, medical staff immediately notify an assigned 
case manager and social worker to ensure all appro-
priate protocols directly pertaining to the safety and 
well-being of the pregnant inmate are provided and 
followed, including the assessment of undue safety 
risks and necessary changes to accommodate where 
and when appropriate, as it relates to— 
(A) strip searches; 
VerDate Sep 11 2014 
04:35 Sep 19, 2018
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6805.IH
H6805
lotter on DSKBCFDHB2PROD with BILLS
(B) housing or lower bunk for safety rea-
sons; 
(C) medically recommended bedding or 
clothing; 
(D) additional food allotment or modifica-
tions to ensure adequate nutrition and health, 
including dietary supplements and additional 
calories; and 
(E) modified recreation and transport, in 
accordance with standards within the obstet-
rical and gynecological care community, to pre-
vent overexertion or prolonged periods of sed-
entary movement; 
(3) either at intake or not later than 48 hours 
after the confirmation of a prisoner’s pregnancy by 
a health care professional, the inmate is provided 
prenatal education, counseling, and birth support 
services provided by a licensed or certified provider 
trained to provide such service, including informa-
tion about their parental rights and their child’s 
rights; 
(4) every woman in custody at the facility, who 
is pregnant or gave birth within the previous six 
months, is provided— 
VerDate Sep 11 2014 
04:35 Sep 19, 2018
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6805.IH
H6805
lotter on DSKBCFDHB2PROD with BILLS
(A) appropriate educational materials, re-
sources, and services related to pregnancy, child 
birth, and parenting, including nutrition, health 
and safety risks, breast feeding, and postpar-
tum depression; and 
(B) prenatal education, counseling, and 
birth support services provided by a licensed or 
certified provider trained to provide such serv-
ices; and 
(5) every woman in custody at the facility, who 
is pregnant, gave birth or experienced any other 
pregnancy outcome within the previous 6 months is 
provided— 
(A) evidence-based screening, assessment 
and treatment, including psychosocial interven-
tions and medication, for mental health and 
substance use needs; and 
(B) evidence-based therapeutic care for 
postpartum depression or depression related to 
pregnancy or pregnancy loss. 
(c) EXCEPTION.—In carrying out subsection (b)(1), 
the head of the Bureau of Prisons women’s facility may 
excuse individual officers or employees, on a case by case 
basis, from carrying out such actions on the basis of sin-
cerely held religious objections to such actions. 
VerDate Sep 11 2014 
04:35 Sep 19, 2018
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6805.IH
H6805
lotter on DSKBCFDHB2PROD with BILLS
SEC. 5. USE OF RESTRICTIVE HOUSING AND RESTRAINTS 
ON INMATES DURING PREGNANCY, LABOR 
AND POSTPARTUM RECOVERY PROHIBITED. 
(a) IN GENERAL.—Chapter 317 of title 18, United 
States Code, is amended by inserting after section 4321 
the following: 
‘‘§ 4322. Use of restraints and restrictive housing on 
prisoners during the period of preg-
nancy, labor, and postpartum recovery 
prohibited and to improve pregnancy 
care for women in Federal prisons 
‘‘(a) PROHIBITION.—Except as provided in sub-
section (b), beginning on the date on which pregnancy is 
confirmed by a healthcare professional, and ending at the 
conclusion of postpartum recovery, a prisoner in the cus-
tody of the Bureau of Prisons, or in the custody of the 
United States Marshals Service pursuant to section 4086, 
shall not be placed in restraints or held in restrictive hous-
ing. 
‘‘(b) EXCEPTIONS.— 
‘‘(1) USE
OF
RESTRAINTS.—The prohibition 
under subsection (a) related to the use of restraints 
shall not apply if— 
‘‘(A) the senior Bureau of Prisons or the 
United States Marshal Service official over-
seeing women’s health and services, in consulta-
VerDate Sep 11 2014 
04:35 Sep 19, 2018
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6805.IH
H6805
lotter on DSKBCFDHB2PROD with BILLS