I 
117TH CONGRESS 
2D SESSION 
H. R. 6878 
To address the health needs of incarcerated women related to pregnancy 
and childbirth, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 1, 2022 
Ms. BASS (for herself, Mr. RESCHENTHALER, Ms. CLARK of Massachusetts, 
Mrs. LESKO, Mrs. LAWRENCE, Ms. GARCIA of Texas, Ms. SPEIER, Ms. 
LOIS FRANKEL of Florida, Ms. BONAMICI, Mr. THOMPSON of Mississippi, 
Ms. CLARKE of New York, Mr. DANNY K. DAVIS of Illinois, Ms. ADAMS, 
Mrs. CAROLYN B. MALONEY of New York, Mr. COHEN, Ms. MENG, Ms. 
BLUNT ROCHESTER, Ms. SCANLON, Mr. JOHNSON of Georgia, Mr. 
RASKIN, Ms. TITUS, Mr. NEGUSE, Mr. CA´RDENAS, and Ms. NORTON) in-
troduced the following bill; which was referred to the Committee on the 
Judiciary, and in addition to the Committee on the Budget, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To address the health needs of incarcerated women related 
to pregnancy and childbirth, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Sep 11 2014 
05:58 Apr 07, 2022
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6878.IH
H6878
pbinns on DSKJLVW7X2PROD with BILLS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting the Health 
and Wellness of Babies and Pregnant Women Act of 
2022’’. 
SEC. 2. DATA COLLECTION. 
(a) IN GENERAL.—Beginning not later than 1 year 
after the date of the enactment of this Act, pursuant to 
the authority under section 302 of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 U.S.C. 10132), 
the Director of the Bureau of Justice Statistics shall in-
clude in the National Prisoner Statistics Program and An-
nual Survey of Jails statistics relating to the health needs 
of incarcerated pregnant women in the criminal justice 
system at the Federal, State, tribal, and local levels, in-
cluding— 
(1) demographic and other information about 
incarcerated women who are pregnant, in labor, or 
in postpartum recovery, including the race, ethnicity, 
and age of the pregnant woman; 
(2) the provision of pregnancy care and services 
provided for such women, including— 
(A) whether prenatal, delivery, and post- 
delivery check-up visits were scheduled and pro-
vided; 
(B) whether a social worker, psychologist, 
doula or other support person, or pregnancy or 
VerDate Sep 11 2014 
05:58 Apr 07, 2022
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6878.IH
H6878
pbinns on DSKJLVW7X2PROD with BILLS
parenting program was offered and provided 
during pregnancy and delivery; 
(C) whether a nursery or residential pro-
gram to keep mothers and infants together 
post-delivery was offered and whether such a 
nursery or residential program was provided; 
(D) the number of days the mother stayed 
in the hospital post-delivery; 
(E) the number of days the infant re-
mained with the mother post-delivery; and 
(F) the number of days the infant re-
mained in the hospital after the mother was 
discharged; 
(3) 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; 
(4) whether a written policy or protocol is in 
place to respond to unexpected childbirth, labor, de-
liveries, and medical complications related to the 
pregnancies of incarcerated pregnant women and for 
incarcerated pregnant women experiencing labor or 
medical complications related to pregnancy outside 
of a hospital; 
VerDate Sep 11 2014 
05:58 Apr 07, 2022
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6878.IH
H6878
pbinns on DSKJLVW7X2PROD with BILLS
(5) the number of incarcerated women who are 
determined by a health care professional to have a 
high-risk pregnancy; 
(6) the total number of incarcerated pregnant 
women and the number of incarcerated women who 
became pregnant while incarcerated; 
(7) the number of incidents in which an incar-
cerated woman who is pregnant, in labor, or in 
postpartum recovery is placed in restrictive housing, 
the reason for such restriction or placement, and the 
circumstances under which each incident occurred, 
including the duration of time in restrictive housing, 
during— 
(A) pregnancy; 
(B) labor; 
(C) delivery; 
(D) postpartum recovery; and 
(E) the 6-month period after delivery; and 
(8) the disposition of the custody of the infant 
post-delivery. 
(b) PERSONALLY IDENTIFIABLE INFORMATION.— 
Data collected under this paragraph may not contain any 
personally identifiable information of any incarcerated 
pregnant woman. 
VerDate Sep 11 2014 
05:58 Apr 07, 2022
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6878.IH
H6878
pbinns on DSKJLVW7X2PROD with BILLS