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.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 303 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘4051. Treatment of incarcerated pregnant women.’’. 
SEC. 6. EXEMPTION OF INCARCERATED PREGNANT WOMEN 
FROM THE REQUIREMENTS FOR SUITS BY 
PRISONERS. 
Section 7 of the Civil Rights of Institutionalized Per-
sons Act (42 U.S.C. 1997e) is amended— 
(1) in subsection (a), by inserting after the pe-
riod at the end the following: ‘‘This subsection shall 
not apply with respect to an incarcerated pregnant 
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woman who brings an action relating to or affecting 
the woman’s pregnancy.’’; and 
(2) in subsection (d)(1), insert ‘‘, except an in-
carcerated pregnant woman,’’ before ‘‘who is con-
fined’’. 
SEC. 7. DEFINITIONS. 
In this Act: 
(1) IN
CUSTODY.—The term ‘‘in custody’’ 
means, with respect to an individual, that the indi-
vidual is under the supervision of a Federal, State, 
tribal or local correctional facility, including pretrial 
and contract facilities, and juvenile or medical or 
mental health facilities. 
(2) OTHER PREGNANCY OUTCOME.—The term 
‘‘other pregnancy outcome’’ means a pregnancy that 
ends in stillbirth, miscarriage, or ectopic pregnancy. 
(3) POSTPARTUM RECOVERY.—The term ‘‘post-
partum recovery’’ means the 12-week period, or 
longer as determined by the health care professional 
responsible for the health and safety of the incarcer-
ated pregnant woman, following delivery, and shall 
include the entire period that the incarcerated preg-
nant woman is in the hospital or infirmary. 
(4) 
RESTRAINTS.—The 
term 
‘‘restraints’’ 
means any physical or mechanical device used to 
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control the movement of an incarcerated pregnant 
woman’s body, limbs, or both. 
(5) RESTRICTIVE
HOUSING.—The term ‘‘re-
strictive housing’’ means any type of detention that 
involves— 
(A) removal from the general inmate popu-
lation, 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. 
SEC. 8. EDUCATION AND TECHNICAL ASSISTANCE. 
The Director of the National Institute of Corrections 
shall provide education and technical assistance, in con-
junction with the appropriate public agencies, at State and 
local correctional facilities that house women and facilities 
in which incarcerated women go into labor and give birth, 
in order to educate the employees of such facilities, includ-
ing health personnel, on the dangers and potential mental 
health consequences associated with the use of restrictive 
housing and restraints on incarcerated women during 
pregnancy, labor, and postpartum recovery, and on alter-
natives to the use of restraints and restrictive housing 
placement. 
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SEC. 9. BUREAU OF PRISONS STAFF AND U.S. MARSHALS 
TRAINING. 
(a) BUREAU OF PRISONS TRAINING.—Beginning not 
later than 180 days after the date of enactment of this 
Act, and biannually thereafter, the Director of the Bureau 
of Prisons shall train each correctional officer at any Bu-
reau of Prisons women’s facility to carry out the require-
ments of this Act. 
(b) NEW HIRES.—Beginning not later than 180 days 
after the date of enactment of this Act, the Director of 
the Bureau of Prisons shall train any newly hired correc-
tional officer at a Bureau of Prisons facility that houses 
women to carry out the requirements of this Act not later 
than 30 days after the date on which the officer is hired. 
(c) U.S. MARSHAL TRAINING.—Beginning not later 
than 180 days after the date of enactment of this Act, 
and biannually thereafter, the Director of the U.S. Mar-
shals Service shall ensure that each Deputy U.S. Marshal 
is trained pursuant to the guidelines described in sub-
section (d). Newly hired deputies shall receive such train-
ing not later than 30 days after the date on which such 
deputy starts employment. 
(d) GUIDELINES.—The Director of the Bureau of 
Prisons and the United States Marshals Service shall each 
develop guidelines on the treatment of incarcerated women 
during pregnancy, labor, and postpartum recovery and in-
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corporate such guidelines in the training required under 
this section. Such guidelines shall include guidance on— 
(1) the transportation of incarcerated pregnant 
women; 
(2) housing of incarcerated pregnant women; 
(3) nutritional requirements for incarcerated 
pregnant women; and 
(4) the right of a health care professional to re-
quest that restraints not be used. 
SEC. 10. GAO STUDY ON STATE AND LOCAL CORRECTIONAL 
FACILITIES. 
The Comptroller General of the United States shall 
conduct a study of services and protections provided for 
pregnant incarcerated women in local and State correc-
tional settings, including policies on obstetrical and gyne-
cological care, education on nutrition, health and safety 
risks associated with pregnancy, mental health and sub-
stance use treatment, access to prenatal and post-delivery 
support services and programs, the use of restraints and 
restrictive housing placement, and the extent to which the 
intent of such policies are fulfilled. 
SEC. 11. GAO STUDY ON FEDERAL PRETRIAL DETENTION 
FACILITIES. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study of services and protections 
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provided for pregnant women who are incarcerated in Fed-
eral pretrial detention facilities. Specifically, the study 
shall examine— 
(1) what available data indicate about pregnant 
women detained or held in Federal pretrial detention 
facilities; 
(2) existing U.S. Marshals Service policies and 
standards that address the care of pregnant women 
in Federal pretrial detention facilities; and 
(3) what is known about the care provided to 
pregnant women in Federal pretrial detention facili-
ties. 
(b) REPORT AND BEST PRACTICES.—Not later than 
2 years after the date of enactment of this Act, the Comp-
troller General shall submit a report of the results of the 
study conducted under subsection (a) to the Committee 
on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives. The report 
shall identify best practices for ensuring that Federal pre-
trial detention facilities implement services and protec-
tions for pregnant women consistent with this Act and 
shall provide recommendations on how to implement these 
best practices among all Federal pretrial detention facili-
ties. 
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(c) DEFINITION.—For purposes of this section, the 
term ‘‘Federal pretrial detention facilities’’ includes State, 
local, private, or other facilities under contract with the 
U.S. Marshals Service for the purpose of housing Federal 
pretrial detainees. 
SEC. 12. PWIC GRANT PROGRAM. 
Section 508 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10151 et seq.) is amended 
to read as follows: 
‘‘SEC. 508. PREGNANT WOMEN IN CUSTODY GRANT PRO-
GRAM. 
‘‘(a) SHORT TITLE.—This section may be cited as the 
‘Pregnant Women in Custody Grant Program of 2020’ or 
the ‘PWIC Act of 2020’. 
‘‘(b) ESTABLISHMENT.—The Attorney General may 
make grants to eligible entities that have established a 
program to promote the health needs of incarcerated preg-
nant women in the criminal justice system at the State, 
tribal, and local levels or have declared their intent to es-
tablish such a program. Eligible entities shall— 
‘‘(1) promote the safety and wellness of preg-
nant women in custody; 
‘‘(2) provide services for obstetrical and gyneco-
logical care, for women in custody; 
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‘‘(3) facilitate resources and support services 
for nutrition and physical and mental health, for 
women in custody; 
‘‘(4) establish and maintain policies that are 
substantially similar to the limitations imposed 
under section 4322 of title 18, United States Code, 
limiting the use of restraints on pregnant women in 
custody; and 
‘‘(5) maintain, establish, or build post-delivery 
lactation and nursery care or residential programs to 
keep the infant with the mother and to promote and 
facilitate bonding skills for incarcerated pregnant 
women and women with dependent children. 
‘‘(c) GRANT PERIOD.—A grant awarded under this 
section shall be for a period of not more than 5 years. 
‘‘(d) ELIGIBLE ENTITY.—An entity is eligible for a 
grant under this section if the entity is— 
‘‘(1) a State or territory department of correc-
tions; 
‘‘(2) a tribal entity that operates a correctional 
facility; or 
‘‘(3) a unit of local government that operates a 
prison or jail that houses women; or 
‘‘(4) a locally-based nonprofit organization, that 
has partnered with a State or unit of local govern-
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ment that operates a correctional facility, with ex-
pertise in providing health services to incarcerated 
pregnant women. 
‘‘(e) APPLICATION.—To receive a grant under this 
section, an eligible entity shall submit an application to 
the Attorney General at such time, in such manner, and 
containing such information as the Attorney General may 
require, including a detailed description of the need for 
the grant and an account of the number of individuals the 
grantee expects to benefit from the grant. 
‘‘(f) ADMINISTRATIVE COSTS.—Not more than 5 per-
cent of a grant awarded under this section may be used 
for costs incurred to administer such grant. 
‘‘(g) CONSTRUCTION COSTS.—Notwithstanding any 
other provision of this Act, no funds provided under this 
section may be used, directly or indirectly, for construction 
projects, other than new construction or upgrade to a fa-
cility used to provide lactation, nursery, obstetrical, or 
gynecological services. 
‘‘(h) PRIORITY FUNDING FOR STATES THAT PRO-
VIDE PROGRAMS
AND SERVICES
FOR INCARCERATED 
WOMEN RELATED TO PREGNANCY AND CHILDBIRTH.— 
In determining the amount provided to a State or unit 
of local government under this section, the Attorney Gen-
eral shall give priority to States or units of local govern-
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ment that have enacted laws or policies and implemented 
services or pilot programs for incarcerated pregnant 
women aimed at enhancing the safety and wellness of 
pregnant women in custody, including providing services 
for obstetrical and gynecological care, resources and sup-
port services for nutrition and physical and mental health, 
and post-delivery lactation and nursery care or residential 
programs to keep the infant with the mother and to pro-
mote and facilitate bonding skills for incarcerated preg-
nant women and women with dependent children. 
‘‘(i) SUBGRANT PRIORITY.—A State that receives a 
grant under this section shall prioritize subgrants to a unit 
of local government within the State that has established 
a pilot program that enhances safety and wellness of preg-
nant women in custody. 
‘‘(j) FEDERAL SHARE.— 
‘‘(1) IN
GENERAL.—The Federal share of a 
grant under this section may not exceed 75 percent 
of the total costs of the projects described in the 
grant application. 
‘‘(2) WAIVER.—The requirement of paragraph 
(1) may be waived by the Assistant Attorney Gen-
eral upon a determination that the financial cir-
cumstances affecting the applicant warrant a finding 
that such a waiver is equitable. 
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‘‘(k) COMPLIANCE AND REDIRECTION OF FUNDS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
an eligible entity receives a grant under this section, 
such entity shall implement a policy that is substan-
tially similar to the policy under section 3 of Pro-
tecting the Health and Wellness of Babies and Preg-
nant Women in Custody Act. 
‘‘(2) EXTENSION.—The Attorney General may 
provide a 120-day extension to an eligible entity that 
is making good faith efforts to collect the informa-
tion required under paragraph (1). 
‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section, 
to remain available until expended— 
‘‘(1) for fiscal year 2021, $5,000,000; 
‘‘(2) for fiscal year 2022, $5,000,000; 
‘‘(3) for fiscal year 2023, $5,000,000; 
‘‘(4) for fiscal year 2024, $6,000,000; and 
‘‘(5) for fiscal year 2025, $6,000,000. 
‘‘(m) FUNDS TO BE SUPPLEMENTAL.—To receive a 
grant under this section, the eligible entity shall certify 
to the Attorney General that the amounts received under 
the grant shall be used to supplement, not supplant, non- 
Federal funds that would otherwise be available for pro-
grams or services in the prison where funds will be used. 
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‘‘(n) UNOBLIGATED AND UNSPENT FUNDS.—Funds 
made available pursuant to this section that remain unob-
ligated for a period of 6 months after the end of the fiscal 
year for which the funds have been appropriated shall be 
awarded to other recipients of this grant. 
‘‘(o) CIVIL RIGHTS OBLIGATION.—A recipient of a 
grant under this section shall be subject to the non-
discrimination requirement under section 40002(b)(13) of 
the Violence Against Women Act of 1994 (34 U.S.C. 
12291(b)(13)). 
‘‘(p) DEFINITIONS.—In this section, the term ‘in cus-
tody’ means, with respect to an individual, that the indi-
vidual is under the supervision of a Federal, State, tribal, 
or local correctional facility, including pretrial and con-
tract facilities, and juvenile or medical or mental health 
facilities.’’. 
SEC. 13. PLACEMENT IN PRERELEASE CUSTODY. 
Section 3624(c)(1) of title 18, United States Code, 
is amended by adding at the end the following: ‘‘Notwith-
standing any other provision of this paragraph, in the case 
of a pregnant woman in custody, if that woman’s due date 
is within the final year of her term of imprisonment, that 
woman may be placed into prerelease custody beginning 
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not earlier than the date that is 2 months prior to that 
woman’s due date.’’. 
Æ 
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