other pregnancy outcome shall receive counseling 
provided by a licensed or certified provider 
trained to provide such services, including— 
(i) information about the parental 
rights of the woman, including the right to 
place the child in kinship care, and notice 
of the rights of the child; and 
(ii) information about family preserva-
tion support services that are available to 
the woman. 
(4) EVALUATIONS.— 
(A) IN GENERAL.—Each woman in custody 
who is pregnant or whose pregnancy results in 
a birth or any other pregnancy outcome during 
the 6-month period immediately preceding intake 
or any time in custody thereafter shall be evalu-
ated as soon as practicable after intake or con-
firmation of pregnancy through evidence-based 
screening and assessment for substance use dis-
orders or mental health conditions, including 
postpartum depression or depression related to 
pregnancy, birth, or any other pregnancy out-
come or early child care. 
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(B) RISK FACTORS.—Screening under sub-
paragraph (A) shall include identification of any 
of the following risk factors: 
(i) An existing mental or physical 
health condition or substance use disorder. 
(ii) Being underweight or overweight. 
(iii) Multiple births or a previous still 
birth. 
(iv) A history of preeclampsia. 
(v) A previous Caesarean section. 
(vi) A previous miscarriage. 
(vii) Being older than 35 or younger 
than 15. 
(viii) Being diagnosed with the human 
immunodeficiency virus, hepatitis, diabetes, 
or hypertension. 
(ix) Such other risk factors as the chief 
health care professional of the Bureau of 
Prisons facility that house the woman may 
determine to be appropriate. 
(5) UNEXPECTED
BIRTHS
RULEMAKING.—The 
Director of the Bureau of Prisons shall provide serv-
ices to respond to unexpected childbirth deliveries, 
labor complications, and medical complications re-
lated to pregnancy if a woman in custody is unable 
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to access a hospital in a timely manner in accordance 
with rules promulgated by the Attorney General, 
which shall be promulgated not later than 180 days 
after the date of enactment of this Act. 
(6) TREATMENT.—The Director of the Bureau of 
Prisons shall use best efforts to provide a woman in 
custody who is pregnant and diagnosed with having 
a substance use disorder or a mental health disorder 
with appropriate evidence-based treatment. 
SEC. 5. USE OF RESTRICTIVE HOUSING ON INCARCERATED 
PREGNANT 
WOMEN 
DURING 
PREGNANCY, 
LABOR, AND POSTPARTUM RECOVERY PRO-
HIBITED. 
(a) IN GENERAL.—Section 4322 of title 18, United 
States Code, is amended to read as follows: 
‘‘§ 4322. Use of restrictive housing on incarcerated 
women during the period of pregnancy, 
labor, and postpartum recovery prohib-
ited 
‘‘(a) PROHIBITION.—Except as provided in subsection 
(b), during the period beginning on the date on which preg-
nancy is confirmed by a health care professional and end-
ing not earlier than 12 weeks after delivery, an incarcerated 
woman in the custody of the Bureau of Prisons, or in the 
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custody of the United States Marshals Service pursuant to 
section 4086, shall not be held in restrictive housing. 
‘‘(b) EXCEPTIONS.— 
‘‘(1) RESTRICTIVE HOUSING.—Subject to para-
graph (4), the prohibition under subsection (a) relat-
ing to restrictive housing shall not apply if the Direc-
tor of the Bureau of Prisons or a senior Bureau of 
Prisons official overseeing women’s health and serv-
ices, in consultation with senior officials in health 
services, makes an individualized determination that 
restrictive housing is required as a temporary re-
sponse to behavior that poses a serious and immediate 
risk of physical harm. 
‘‘(2) REVIEW.—The official who makes a deter-
mination under subparagraph (A) shall review such 
determination daily for the purpose of removing an 
incarcerated woman as quickly as feasible from re-
strictive housing. 
‘‘(3) RESTRICTIVE HOUSING PLAN.—The official 
who makes a determination under subparagraph (A) 
shall develop an individualized plan to move an in-
carcerated woman to less restrictive housing within a 
reasonable amount of time. 
‘‘(4) 
PROHIBITION
ON
SOLITARY
CONFINE-
MENT.—An incarcerated woman who is placed in re-
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