HR 6878 RFS
(vii) information and notification serv-
ices for incarcerated parents regarding the 
risk of debt repayment obligations associ-
ated with their child’s participation in so-
cial welfare programs, including assistance 
under any State program funded under 
part A of title IV of the Social Security 
Act (42 U.S.C. 601 et seq.) or benefits 
under the supplemental nutrition assist-
ance program, as defined in section 3 of 
the Food and Nutrition Act of 2008 (7 
U.S.C. 2012), or any State program car-
ried out under that Act; and 
(viii) information from the Office of 
Child Support Enforcement of the Depart-
ment of Health and Human Services re-
garding seeking or modifying child support 
while incarcerated, including how to par-
ticipate in the Bureau of Prison’s Inmate 
Financial Responsibility Program under 
subpart B of part 545 of title 28, Code of 
Federal Regulations (or any successor pro-
gram). 
(B) BIRTH WHILE IN CUSTODY OR PRIOR 
TO CUSTODY.—A woman who, while in custody 
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or during the 6-month period immediately pre-
ceding intake, gave birth or experienced any 
other pregnancy outcome shall receive coun-
seling provided by a licensed or certified pro-
vider trained to provide such services, includ-
ing— 
(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; 
(ii) information about family preserva-
tion support services that are available to 
the woman; and 
(iii) postpartum health conditions. 
(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 in-
take or any time in custody thereafter shall be 
evaluated as soon as practicable after intake or 
confirmation of pregnancy through evidence- 
based screening and assessment for substance 
use disorders or mental health conditions, in-
cluding postpartum depression or depression re-
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lated to pregnancy, birth, or any other preg-
nancy outcome or early child care. 
(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 Bu-
reau 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, 
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labor complications, and medical complications re-
lated to pregnancy if a woman in custody is unable 
to access a hospital in a timely manner in accord-
ance with rules promulgated by the Attorney Gen-
eral, 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 hav-
ing a substance use disorder or a mental health dis-
order 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 sub-
section (b), during the period beginning on the date on 
which pregnancy is confirmed by a health care professional 
and ending not earlier than 12 weeks after delivery, an 
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