‘‘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; 
‘‘(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-
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-
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. 
‘‘(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. 
‘‘(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 
not earlier than the date that is 2 months prior to that 
woman’s due date.’’. 
SEC. 14. DETERMINATION OF BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the House Budget Committee, pro-
vided that such statement has been submitted prior to the 
vote on passage. 
Passed the House of Representatives October 1, 
2020. 
Attest: 
Clerk.
116TH CONGRESS 
2D SESSION 
H. R. 7718 
AN ACT 
To address the health needs of incarcerated women 
related to pregnancy and childbirth, and for 
other purposes.