Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act
Bill: S.5027 | Sponsor: Sen. Klobuchar, Amy (D-MN)
Policy area: Crime and Law Enforcement

Summary:
Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act
This bill establishes requirements to address the health needs of incarcerated women related to pregnancy and childbirth.
The bill requires the Bureau of Justice Statistics to collect data on the health needs of incarcerated pregnant women at the federal, state, tribal, and local levels.
With respect to incarcerated women at the federal level, the bill
With respect to incarcerated women at the state and local level, the bill requires the GAO to study the services and protections for pregnant incarcerated women in state and local correctional settings.

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting the Health and Wellness 
of Babies and Pregnant Women in Custody Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) In custody.--The term ``in custody'', with respect to 
        an individual, means that the individual is under the 
        supervision of a Federal, State, Tribal, or local correctional 
        facility, including a pretrial, juvenile, medical, or mental 
        health facility and a facility operated under a contract with 
        the Federal Government or a State, Tribal, or local government.
            (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 ``postpartum recovery'' 
        has the meaning given that term in section 4051(c) of title 18, 
        United States Code, as added by this Act.
            (4) Restraints.--The term ``restraints'' means any physical 
        or mechanical device used to control the movement of an 
        incarcerated pregnant woman's body, limbs, or both.
            (5) Restrictive housing.--The term ``restrictive housing'' 
        has the meaning given that term in section 4322 of title 18, 
        United States Code, as added by this Act.

SEC. 3. DATA COLLECTION.

    (a) In General.--Beginning not later than 1 year after the date of 
enactment of this Act, pursuant to the authority under section 302 of 
title I 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 
include in the National Prisoner Statistics Program and Annual 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, including--
            (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 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 provided;
                    (B) whether a social worker, psychologist, doula or 
                other support person was offered and provided during 
                pregnancy and delivery and post-delivery;
                    (C) whether a pregnancy or parenting program was 
                offered and provided during pregnancy;
                    (D) whether a nursery or residential program to 
                keep mothers and infants together post-delivery was 
                offered and whether such a nursery or residential 
                program was provided;
                    (E) the number of days the mother stayed in the 
                hospital post-delivery;
                    (F) the number of days the infant remained with the 
                mother post-delivery; and
                    (G) the number of days the infant remained 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 
        incarcerated pregnant woman is housed and the length of travel 
        required to transport the woman;
            (4) whether a written policy or protocol is in place--
                    (A) to respond to unexpected childbirth, labor, 
                deliveries, or medical complications related to the 
                pregnancies of incarcerated pregnant women; and
                    (B) for incarcerated pregnant women experiencing 
                labor or medical complications related to pregnancy 
                outside of a hospital;
            (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 incarcerated 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 
section may not contain any personally identifiable information of any 
incarcerated pregnant woman or woman in postpartum recovery.

SEC. 4. CARE FOR FEDERALLY INCARCERATED WOMEN RELATED TO PREGNANCY AND 
              CHILDBIRTH.

    (a) In General.--The Director of the Bureau of Prisons shall ensure 
that appropriate services and programs, as described in subsection (b), 
are provided to women in custody, to address the health and safety 
needs of such women related to pregnancy and childbirth. The warden of 
each Bureau of Prisons facility that houses women shall ensure that 
these services and programs are implemented for women in custody at 
that facility.
    (b) Services and Programs Provided.--The services and programs 
described in this subsection are the following:
            (1) Access to complete appropriate health services for the 
        life cycle of women.--The Director of the Bureau of Prisons--
                    (A) shall provide to each woman in custody--
                            (i) pregnancy testing and testing for 
                        sexually transmitted diseases; and
                            (ii) the option to decline such testing; 
                        and
                    (B) at an inmate's request, shall provide 
                contraception.
            (2) Compliance with protocols relating to health of a 
        pregnant woman.--On confirmation of the pregnancy of a woman in 
        custody by clinical diagnostics and assessment, the chief 
        health care professional of the Bureau of Prisons facility in 
        which the woman is housed shall ensure that--
                    (A) a summary of all appropriate protocols directly 
                pertaining to the safety and well-being of the woman 
                are provided to the woman;
                    (B) such protocols are complied with; and
                    (C) such protocols include an assessment of undue 
                safety risks and necessary changes to accommodate the 
                woman where and when appropriate, as it relates to--
                            (i) housing or transfer to a lower bunk for 
                        safety reasons;
                            (ii) appropriate bedding or clothing to 
                        respond to the woman's changing physical 
                        requirements and the temperature in housing 
                        units;
                            (iii) regular access to water and 
                        bathrooms;
                            (iv) a diet that--
                                    (I) complies with the nutritional 
                                standards established by the Secretary 
                                of Agriculture and the Secretary of 
                                Health and Human Services in the 
                                Dietary Guidelines for Americans report 
                                published pursuant to section 301(a)(3) 
                                of the National Nutrition Monitoring 
                                and Related Research Act of 1990 (7 
                                U.S.C. 5341(a)(3)); and
                                    (II) includes--
                                            (aa) any appropriate 
                                        dietary supplement, including 
                                        prenatal vitamins;
                                            (bb) timely and regular 
                                        nutritious meals;
                                            (cc) additional caloric 
                                        content in meals provided;
                                            (dd) a prohibition on 
                                        withholding food from the woman 
                                        or serving any food that is 
                                        used as a punishment, including 
                                        nutraloaf or any food similar 
                                        to nutraloaf that is not 
                                        considered a nutritious meal; 
                                        and
                                            (ee) such other 
                                        modifications to the diet of 
                                        the woman as the Director of 
                                        the Bureau of Prisons 
                                        determines to be necessary 
                                        after consultation with the 
                                        Secretary of Health and Human 
                                        Services and consideration of 
                                        such recommendations as the 
                                        Secretary may provide;
                            (v) modified recreation and transportation, 
                        in accordance with standards within the 
                        obstetrical and gynecological care community, 
                        to prevent overexertion or prolonged periods of 
                        inactivity; and
                            (vi) such other changes to living 
                        conditions as the Director of the Bureau of 
                        Prisons may require after consultation with the 
                        Secretary of Health and Human Services and 
                        consideration of such recommendations as the 
                        Secretary may provide.
            (3) Education and support services.--
                    (A) Pregnancy in custody.--A woman who is pregnant 
                at intake or who becomes pregnant while in custody 
                shall, not later than 14 days after the pregnant woman 
                notifies a Bureau of Prisons official of the pregnancy, 
                receive prenatal education, counseling, and birth 
                support services provided by a 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;
                            (ii) information about family preservation 
                        support services that are available to the 
                        woman;
                            (iii) information about the nutritional 
                        standards referred to in paragraph (2)(C)(iv);
                            (iv) information pertaining to the health 
                        and safety risks of pregnancy, childbirth, and 
                        parenting, including postpartum depression;
                            (v) information on breast-feeding, 
                        lactation, and breast health;
                            (vi) appropriate educational materials, 
                        resources, and services related to pregnancy, 
                        childbirth, and parenting;
                            (vii) information and notification services 
                        for incarcerated parents regarding the risk of 
                        debt repayment obligations associated with 
                        their child's participation in social 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 
                        assistance program, as defined in section 3 of 
                        the Food and Nutrition Act of 2008 (7 U.S.C. 
                        2012), or any State program carried out under 
                        that Act; and
                            (viii) information from the Office of Child 
                        Support Enforcement of the Department of Health 
                        and Human Services regarding seeking or 
                        modifying child support while incarcerated, 
                        including how to participate 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 program).
                    (B) Birth while in custody or prior to custody.--A 
                woman who, while in custody or during the 6-month 
                period immediately preceding intake, gave birth or 
                experienced any 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 preservation 
                        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 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, including 
                postpartum depression or depression related to 
                pregnancy, birth, or any other pregnancy outcome or 
                early child care.
                    (B) Risk factors.--Screening under subparagraph (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 services to respond to 
        unexpected childbirth deliveries, labor complications, and 
        medical complications related to pregnancy if a woman in 
        custody is unable 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 
              PROHIBITED.

    (a) In General.--Section 4322 of title 18, United States Code, is 
amended to read as follows:
``Sec. 4322. Use of restrictive housing on incarcerated women during 
              the period of pregnancy, labor, and postpartum recovery 
              prohibited
    ``(a) Prohibition.--Except as provided in subsection (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 incarcerated woman in the custody of the Bureau of 
Prisons, or in the 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 paragraph (4), the 
        prohibition under subsection (a) relating to restrictive 
        housing shall not apply if the Director of the Bureau of 
        Prisons or a senior Bureau of Prisons official overseeing 
        women's health and services, in consultation with senior 
        officials in health services, makes an individualized 
        determination that restrictive housing is required as a 
        temporary response to behavior that poses a serious and 
        immediate risk of physical harm.
            ``(2) Review.--The official who makes a determination under 
        subparagraph (A) shall review such determination daily for the 
        purpose of removing an incarcerated woman as quickly as 
        feasible from restrictive housing.
            ``(3) Restrictive housing plan.--The official who makes a 
        determination under subparagraph (A) shall develop an 
        individualized plan to move an incarcerated woman to less 
        restrictive housing within a reasonable amount of time.
            ``(4) Prohibition on solitary confinement.--An incarcerated 
        woman who is placed in restrictive housing under this 
        subsection may not be placed in solitary confinement if the 
        incarcerated woman is in her third trimester.
    ``(c) Reports.--
            ``(1) Report to directors and health care professional 
        after placement in restrictive housing.--Not later than 30 days 
        after the date on which an incarcerated woman is placed in 
        restrictive housing under subsection (b), the applicable 
        official identified in subsection (b)(1), correctional officer, 
        or United States Marshal shall submit to the Director of the 
        Bureau of Prisons or the Director of the United States Marshals 
        Service, as applicable, and to the health care professional 
        responsible for the health and safety of the woman, a written 
        report which describes the facts and circumstances surrounding 
        the restrictive housing placement, and includes the following:
                    ``(A) The reasoning upon which the determination 
                for the placement was made.
                    ``(B) The details of the placement, including 
                length of time of placement and how frequently and how 
                many times the determination was made subsequent to the 
                initial determination to continue the restrictive 
                housing placement.
                    ``(C) A description of all attempts to use 
                alternative interventions and sanctions before the 
                restrictive housing was used.
                    ``(D) Any resulting physical effects on the woman 
                observed by or reported by the health care professional 
                responsible for the health and safety of the woman.
                    ``(E) Strategies the facility is putting in place 
                to identify more appropriate alternative interventions 
                should a similar situation arise again.
            ``(2) Report to congress.--Not later than 180 days after 
        the date of enactment of the Protecting the Health and Wellness 
        of Babies and Pregnant Women in Custody Act, and every 180 days 
        thereafter for a period of 10 years, the Attorney General shall 
        submit to the Committee on the Judiciary of the Senate and the 
        Committee on the Judiciary of the House of Representatives a 
        report on the placement of incarcerated women in restrictive 
        housing under subsection (b), which shall include the 
        information described in paragraph (1).
    ``(d) Notice.--Not later than 24 hours after the confirmation of 
the pregnancy of an incarcerated woman by a health care professional, 
that woman shall be notified, orally and in writing, by an appropriate 
health care professional, correctional officer, or United States 
Marshal, as applicable--
            ``(1) of the restrictions on the use of restrictive housing 
        placements under this section;
            ``(2) of the right of the incarcerated woman to make a 
        confidential report of a violation of restrictions on the use 
        of restrictive housing placement; and
            ``(3) that the facility staff have been advised of all 
        rights of the incarcerated woman under subsection (a).
    ``(e) Violation Reporting Process.--Not later than 180 days after 
the date of enactment of the Protecting the Health and Wellness of 
Babies and Pregnant Women in Custody Act, the Director of the Bureau of 
Prisons and the Director of the United States Marshals Service shall 
establish processes through which an incarcerated person may report a 
violation of this section.
    ``(f) Notification of Rights.--The warden of the Bureau of Prisons 
facility where a pregnant woman is in custody shall notify necessary 
facility staff of the pregnancy and of the rights of the incarcerated 
pregnant woman under subsection (a).
    ``(g) Retaliation.--It shall be unlawful for any Bureau of Prisons 
or United States Marshals Service employee to retaliate against an 
incarcerated person for reporting under the processes established under 
subsection (e) a violation of subsection (a).
    ``(h) Education.--Not later than 90 days after the date of 
enactment of the Protecting the Health and Wellness of Babies and 
Pregnant Women in Custody Act, the Director of the Bureau of Prisons 
and the Director of the United States Marshals Service shall each--
            ``(1) develop education guidelines regarding the physical 
        and mental health needs of incarcerated pregnant women, and the 
        use of restrictive housing placements on incarcerated women 
        during the period of pregnancy, labor, and postpartum recovery; 
        and
            ``(2) incorporate such guidelines into appropriate 
        education programs.
    ``(i) Definition.--In this section, the term `restrictive housing' 
means any type of detention that involves--
            ``(1) removal from the general inmate population, whether 
        voluntary or involuntary;
            ``(2) placement in a locked room or cell, whether alone or 
        with another inmate; and
            ``(3) inability to leave the room or cell for the vast 
        majority of the day.''.
    (b) Clerical Amendment.--The table of sections for chapter 317 of 
title 18, United States Code, is amended by striking the item relating 
to section 4322 and inserting the following:

``4322. Use of restrictive housing on incarcerated women during the 
                            period of pregnancy, labor, and postpartum 
                            recovery prohibited.''.

SEC. 6. TREATMENT OF WOMEN WITH HIGH-RISK PREGNANCIES.

    (a) In General.--Chapter 303 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 4051. Treatment of incarcerated pregnant women
    ``(a) High-Risk Pregnancy Health Care.--The Director of the Bureau 
of Prisons shall ensure that each incarcerated pregnant woman receives 
an evaluation to determine if the pregnancy is high-risk and, if so, 
receives healthcare appropriate for a high-risk pregnancy, including 
obstetrical and gynecological care, during pregnancy and postpartum 
recovery.
    ``(b) High-Risk Pregnancies.--
            ``(1) In general.--The Director of the Bureau of Prisons 
        shall transfer to a Residential Reentry Center with adequate 
        health care during her pregnancy and postpartum recovery any 
        incarcerated woman who--
                    ``(A) is determined by a health care professional 
                to have a high-risk pregnancy; and
                    ``(B) agrees to be transferred.
            ``(2) Priority.--The Residential Reentry Center to which an 
        incarcerated pregnant woman is transferred under paragraph (1) 
        shall, to the extent practicable, be in a geographical location 
        that is close to the family members of the incarcerated 
        pregnant woman.
            ``(3) Transportation.--To transport an incarcerated 
        pregnant woman to a Residential Reentry Center, the Director of 
        the Bureau of Prisons shall provide to the woman a mode of 
        transportation that a healthcare professional has determined to 
        be safe for transporting the pregnant woman.
            ``(4) Service of sentence.--Any time accrued at a 
        Residential Reentry Center or alternative housing as a result 
        of a transfer made under this section shall be credited toward 
        service of the incarcerated pregnant woman's sentence.
    ``(c) Definitions.--In this section:
            ``(1) Health care professional.--The term `health care 
        professional' means--
                    ``(A) a doctor of medicine or osteopathy who is 
                authorized to diagnose and treat physical or mental 
                health conditions under the laws of the State in which 
                the doctor practices and where the facility is located;
                    ``(B) any physician's assistant or nurse 
                practitioner who is supervised by a doctor of medicine 
                or osteopathy described in subparagraph (A); or
                    ``(C) any other person determined by the Director 
                of the Bureau of Prisons to be capable of providing 
                health care services.
            ``(2) High-risk pregnancy.--The term `high-risk pregnancy' 
        means, with respect to an incarcerated woman, that the 
        pregnancy threatens the health or life of the woman or 
        pregnancy, as determined by a health care professional.
            ``(3) Postpartum recovery.--The term `postpartum recovery' 
        means the 3-month period beginning on the date on which an 
        incarcerated pregnant woman gives birth, or longer as 
        determined by a health care professional following delivery, 
        and shall include the entire period that the incarcerated 
        pregnant woman is in the hospital or infirmary.
            ``(4) Residential reentry center.--The term `Residential 
        Reentry Center' means a Bureau of Prisons contracted 
        residential reentry center.''.
    (b) Conforming Amendment.--The table of sections 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. 7. REPORTING REQUIREMENT REGARDING CLAIMS FILED BY PREGNANT 
              INMATES.

    The Director of the Federal Bureau of Prisons shall make publicly 
available on the website of the Federal Bureau of Prisons on an annual 
basis the following information:
            (1) The total number of Administrative Remedy appeals 
        related to pregnant inmates that were filed during the previous 
        year.
            (2) The total number of institution-level Requests for 
        Administrative Remedy related to pregnant inmates that were 
        filed during the previous year.
            (3) The total number of informal requests for 
        administrative remedy related to pregnant inmates that were 
        filed during the previous year.
            (4) The total number of requests or appeals related to 
        pregnant inmates during the previous year that were not 
        resolved before the inmate gave birth or that were mooted 
        because the inmate's pregnancy ended.
            (5) The average amount of time that each category of 
        request or appeal took to resolve during the previous year.
            (6) The shortest and longest amounts of time that a request 
        or appeal in each category that was resolved in the last year 
        took to resolve.

SEC. 8. EDUCATION AND TECHNICAL ASSISTANCE.

    The Director of the National Institute of Corrections shall provide 
education and technical assistance, in conjunction 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, including 
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 alternatives to the use of restraints and 
restrictive housing placement.

SEC. 9. BUREAU OF PRISONS STAFF AND UNITED STATES MARSHALS TRAINING.

    (a) Bureau of Prisons Training.--
            (1) In general.--
                    (A) Initial training.--Not later than 180 days 
                after the date of enactment of this Act, the Director 
                of the Bureau of Prisons shall provide training to 
                carry out the requirements of this Act and the 
                amendments made by this Act to each correctional 
                officer at any Bureau of Prisons facility that houses 
                women who is employed on the date of enactment of this 
                Act.
                    (B) Subsequent training.--After the initial 
                training provided under subparagraph (A), the Director 
                of the Bureau of Prisons shall provide training to 
                carry out the requirements of this Act and the 
                amendments made by this Act twice each year to each 
                correctional officer at any Bureau of Prisons facility 
                that houses women.
            (2) New hires.--
                    (A) Definition.--In this paragraph, the term 
                ``covered new correctional officer'' means an 
                individual appointed to a position as a correctional 
                officer at a Bureau of Prisons facility that houses 
                women on or after the date that is 180 days after the 
                date of enactment of this Act.
                    (B) Training.--The Director of the Bureau of 
                Prisons shall train each covered new correctional 
                officer to carry out the requirements of this Act and 
                the amendments made by this Act not later than 30 days 
                after the date on which the covered new correctional 
                officer is appointed.
    (b) United States Marshals Training.--
            (1) In general.--On and after the date that is 180 days 
        after the date of enactment of this Act, the Director of the 
        United States Marshals Service shall ensure that each Deputy 
        United States Marshal has received trained pursuant to the 
        guidelines described in subsection (c).
            (2) New hires.--
                    (A) Definition.--In this paragraph, the term ``new 
                Deputy United States Marshal'' means an individual 
                appointed to a position as a Deputy United States 
                Marshal after the date of enactment of this Act.
                    (B) Training.--Not later than 30 days after the 
                date on which a new Deputy United States Marshal is 
                appointed, the new Deputy United States Marshal shall 
                receive training pursuant to the guidelines described 
                in subsection (c).
    (c) Guidelines.--
            (1) In general.--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 incorporate such 
        guidelines in the training required under this section.
            (2) Contents.--The guidelines developed under paragraph (1) 
        shall include guidance on--
                    (A) the transportation of incarcerated pregnant 
                women;
                    (B) housing of incarcerated pregnant women;
                    (C) nutritional requirements for incarcerated 
                pregnant women; and
                    (D) the right of a health care professional to 
                request 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 correctional settings, including--
            (1) policies on--
                    (A) obstetrical and gynecological care;
                    (B) education on nutritional issues and health and 
                safety risks associated with pregnancy;
                    (C) mental health and substance use treatment;
                    (D) access to prenatal and post-delivery support 
                services and programs; and
                    (E) the use of restraints and restrictive housing 
                placement; and
            (2) the extent to which the intent of such policies is 
        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 provided for pregnant women 
who are incarcerated in Federal pretrial detention facilities, which 
shall examine--
            (1) what available data indicate about pregnant women 
        detained or held in Federal pretrial detention facilities;
            (2) existing United States 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 facilities.
    (b) Report and Best Practices.--Not later than 2 years after the 
date of enactment of this Act, the Comptroller General shall submit to 
the Committee on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives a report of the results of 
the study conducted under subsection (a), which shall--
            (1) identify best practices for ensuring that Federal 
        pretrial detention facilities implement services and 
        protections for pregnant women consistent with this Act and the 
        amendments made by this Act; and
            (2) provide recommendations on how to implement these best 
        practices among all Federal pretrial detention facilities.
    (c) Definition.--For purposes of this section, the term ``Federal 
pretrial detention facilities'' includes State, local, private, or 
other facilities under contract with the United States Marshals Service 
for the purpose of housing Federal pretrial detainees.

SEC. 12. 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 Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.
                                 <all>