[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6129 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 6129

 To provide improved care and protection to incarcerated mothers, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 9, 2020

  Ms. Pressley (for herself, Ms. Underwood, Ms. Adams, Ms. Sewell of 
Alabama, Ms. Norton, Ms. Scanlon, Ms. Moore, Mr. Clay, Mr. Khanna, and 
    Mr. Lawson of Florida) introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
   Committee on Energy and Commerce, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To provide improved care and protection to incarcerated mothers, 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 ``Justice for Incarcerated Moms Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that the respect and proper care that 
mothers deserve is inclusive, and whether the mothers are transgender, 
cisgender, or gender nonconforming, all deserve dignity.

SEC. 3. ENDING THE SHACKLING OF PREGNANT INDIVIDUALS.

    (a) In General.--Beginning on the date that is 6 months after the 
date of enactment of this Act, and annually thereafter, in each State 
that received a grant under subpart 1 of part E of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et 
seq.) (commonly referred to as the ``Edward Byrne Memorial Justice 
Grant Program'') and that does not have in effect throughout the State 
for such fiscal year laws restricting the use of restraints on pregnant 
individuals in prison that are substantially similar to the rights, 
procedures, requirements, effects, and penalties set forth in section 
4322 of title 18, United States Code, the amount of such grant that 
would otherwise be allocated to such State under such subpart for the 
fiscal year shall be decreased by 25 percent.
    (b) Reallocation.--Amounts not allocated to a State for failure to 
comply with subsection (a) shall be reallocated in accordance with 
subpart 1 of part E of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10151 et seq.) to States that have 
complied with such subsection.

SEC. 4. CREATING MODEL PROGRAMS FOR THE CARE OF INCARCERATED 
              INDIVIDUALS IN THE PRENATAL AND POSTPARTUM PERIODS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Attorney General, acting through the Director of the 
Bureau of Prisons, shall establish, in not more than 6 Bureau of 
Prisons facilities, programs to optimize maternal health outcomes for 
pregnant and postpartum individuals incarcerated in such facilities. 
The Attorney General shall establish such programs in consultation with 
stakeholders such as--
            (1) relevant community-based organizations, particularly 
        organizations that represent incarcerated and formerly 
        incarcerated individuals and organizations that seek to improve 
        maternal health outcomes for minority women;
            (2) relevant organizations representing patients, with a 
        particular focus on minority patients;
            (3) relevant organizations representing maternal health 
        care providers;
            (4) nonclinical perinatal health workers such as doulas, 
        community health workers, peer supporters, certified lactation 
        consultants, nutritionists and dietitians, social workers, home 
        visitors, and navigators; and
            (5) researchers and policy experts in fields related to 
        women's health care for incarcerated individuals.
    (b) Start Date.--Each selected facility shall begin facility 
programs not later than 18 months after the date of enactment of this 
Act.
    (c) Facility Priority.--In carrying out subsection (a), the 
Director shall give priority to a facility based on--
            (1) the number of pregnant and postpartum individuals 
        incarcerated in such facility and, among such individuals, the 
        number of pregnant and postpartum minority individuals; and
            (2) the extent to which the leaders of such facility have 
        demonstrated a commitment to developing exemplary programs for 
        pregnant and postpartum individuals incarcerated in such 
        facility.
    (d) Program Duration.--The programs established under this section 
shall be for a 5-year period.
    (e) Programs.--Bureau of Prisons facilities selected by the 
Director shall establish programs for pregnant and postpartum 
incarcerated individuals, and such programs may--
            (1) provide access to doulas and other perinatal health 
        workers from pregnancy through the postpartum period;
            (2) provide access to healthy foods and counseling on 
        nutrition, recommended activity levels, and safety measures 
        throughout pregnancy;
            (3) train correctional officers and medical personnel to 
        ensure that pregnant incarcerated individuals receive trauma-
        informed, culturally congruent care that promotes the health 
        and safety of the pregnant individuals;
            (4) provide counseling and treatment for individuals who 
        have suffered from--
                    (A) diagnosed mental or behavioral health 
                conditions, including trauma and substance use 
                disorders;
                    (B) domestic violence;
                    (C) human immunodeficiency virus;
                    (D) sexual abuse;
                    (E) pregnancy or infant loss; or
                    (F) chronic conditions, including heart disease, 
                diabetes, osteoporosis and osteopenia, hypertension, 
                asthma, liver disease, and bleeding disorders;
            (5) provide pregnancy and childbirth education, parenting 
        support, and other relevant forms of health literacy;
            (6) offer opportunities for postpartum individuals to 
        maintain contact with the individual's newborn child to promote 
        bonding, including enhanced visitation policies, access to 
        prison nursery programs, or breastfeeding support;
            (7) provide reentry assistance, particularly to--
                    (A) ensure continuity of health insurance coverage 
                if an incarcerated individual exits the criminal 
                justice system during such individual's pregnancy or in 
                the postpartum period; and
                    (B) connect individuals exiting the criminal 
                justice system during pregnancy or in the postpartum 
                period to community-based resources, such as referrals 
                to health care providers and social services that 
                address social determinants of health like housing, 
                employment opportunities, transportation, and 
                nutrition; or
            (8) establish partnerships with local public entities, 
        private community entities, community-based organizations, 
        Indian Tribes and tribal organizations (as such terms are 
        defined in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304)), and urban Indian 
        organizations (as such term is defined in section 4 of the 
        Indian Health Care Improvement Act (25 U.S.C. 1603)) to 
        establish or expand pretrial diversion programs as an 
        alternative to incarceration for pregnant and postpartum 
        individuals. Such programs may include--
                    (A) parenting classes;
                    (B) prenatal health coordination;
                    (C) family and individual counseling;
                    (D) evidence-based screenings, education, and, as 
                needed, treatment for mental and behavioral health 
                conditions, including drug and alcohol treatments;
                    (E) family case management services;
                    (F) domestic violence education and prevention;
                    (G) physical and sexual abuse counseling; and
                    (H) programs to address social determinants of 
                health such as employment, housing, education, 
                transportation, and nutrition.
    (f) Implementation and Reporting.--A selected facility shall be 
responsible for--
            (1) implementing programs, which may include the programs 
        described in subsection (e); and
            (2) not later than 3 years after the date of enactment of 
        this Act, and not 6 years after the date of enactment of this 
        Act, reporting results of the programs to the Director, 
        including information describing--
                    (A) relevant quantitative indicators of success in 
                improving the standard of care and health outcomes for 
                pregnant and postpartum incarcerated individuals who 
                participated in such programs, including data 
                stratified by race, ethnicity, sex, age, geography, 
                disability status, the category of the criminal charge 
                against such individual, rates of pregnancy-related 
                deaths, pregnancy-associated deaths, cases of infant 
                mortality, cases of severe maternal morbidity, cases of 
                violence against pregnant or postpartum individuals, 
                diagnoses of maternal mental or behavioral health 
                conditions, and other such information as appropriate;
                    (B) relevant qualitative evaluations from pregnant 
                and postpartum incarcerated individuals who 
                participated in such programs, including subjective 
                measures of patient-reported experience of care;
                    (C) evaluations of cost effectiveness; and
                    (D) strategies to sustain such programs beyond 
                2026.
    (g) Report.--Not later than 7 years after the date of enactment of 
this Act, the Director shall submit to the Attorney General and to the 
Committee on the Judiciary of the House of Representatives and the 
Senate a report describing the results of the programs funded under 
this section.
    (h) Oversight.--Not later than 1 year after the date of enactment 
of this Act, the Attorney General shall award a contract to an 
independent organization or independent organizations to conduct 
oversight of the programs described in subsection (e).
    (i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2021 through 2025.

SEC. 5. GRANT PROGRAM TO IMPROVE MATERNAL HEALTH OUTCOMES FOR 
              INDIVIDUALS IN STATE AND LOCAL PRISONS AND JAILS.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Attorney General, acting through the 
Director of the Bureau of Justice Assistance, shall award Justice for 
Incarcerated Moms grants to States to establish or expand programs in 
State and local prisons and jails for pregnant and postpartum 
incarcerated individuals. The Attorney General shall award such grants 
in consultation with stakeholders such as--
            (1) relevant community-based organizations, particularly 
        organizations that represent incarcerated and formerly 
        incarcerated individuals and organizations that seek to improve 
        maternal health outcomes for minority women;
            (2) relevant organizations representing patients, with a 
        particular focus on minority patients;
            (3) relevant organizations representing maternal health 
        care providers;
            (4) nonclinical perinatal health workers such as doulas, 
        community health workers, peer supporters, certified lactation 
        consultants, nutritionists and dietitians, social workers, home 
        visitors, and navigators; and
            (5) researchers and policy experts in fields related to 
        women's health care for incarcerated individuals.
    (b) Applications.--Each applicant for a grant under this section 
shall submit to the Director of the Bureau of Justice Assistance an 
application at such time, in such manner, and containing such 
information as the Director may require.
    (c) Use of Funds.--A State that is awarded a grant under this 
section shall use such grant to establish or expand programs for 
pregnant and postpartum incarcerated individuals, and such programs 
may--
            (1) provide access to doulas and other perinatal health 
        workers from pregnancy through the postpartum period;
            (2) provide access to healthy foods and counseling on 
        nutrition, recommended activity levels, and safety measures 
        throughout pregnancy;
            (3) train correctional officers and medical personnel to 
        ensure that pregnant incarcerated individuals receive trauma-
        informed, culturally congruent care that promotes the health 
        and safety of the pregnant individuals;
            (4) provide counseling and treatment for individuals who 
        have suffered from--
                    (A) diagnosed mental or behavioral health 
                conditions, including trauma and substance use 
                disorders;
                    (B) domestic violence;
                    (C) human immunodeficiency virus;
                    (D) sexual abuse;
                    (E) pregnancy or infant loss; or
                    (F) chronic conditions, including heart disease, 
                diabetes, osteoporosis and osteopenia, hypertension, 
                asthma, liver disease, and bleeding disorders;
            (5) provide pregnancy and childbirth education, parenting 
        support, and other relevant forms of health literacy;
            (6) offer opportunities for postpartum individuals to 
        maintain contact with the individual's newborn child to promote 
        bonding, including enhanced visitation policies, access to 
        prison nursery programs, or breastfeeding support;
            (7) provide reentry assistance, particularly to--
                    (A) ensure continuity of health insurance coverage 
                if an incarcerated individual exits the criminal 
                justice system during such individual's pregnancy or in 
                the postpartum period; and
                    (B) connect individuals exiting the criminal 
                justice system during pregnancy or in the postpartum 
                period to community-based resources, such as referrals 
                to health care providers and social services that 
                address social determinants of health like housing, 
                employment opportunities, transportation, and 
                nutrition; or
            (8) establish partnerships with local public entities, 
        private community entities, community-based organizations, 
        Indian Tribes and tribal organizations (as such terms are 
        defined in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304)), and urban Indian 
        organizations (as such term is defined in section 4 of the 
        Indian Health Care Improvement Act (25 U.S.C. 1603)) to 
        establish or expand pretrial diversion programs as an 
        alternative to incarceration for pregnant and postpartum 
        individuals. Such programs may include--
                    (A) parenting classes;
                    (B) prenatal health coordination;
                    (C) family and individual counseling;
                    (D) evidence-based screenings, education, and, as 
                needed, treatment for mental and behavioral health 
                conditions, including drug and alcohol treatments;
                    (E) family case management services;
                    (F) domestic violence education and prevention;
                    (G) physical and sexual abuse counseling; and
                    (H) programs to address social determinants of 
                health such as employment, housing, education, 
                transportation, and nutrition.
    (d) Priority.--In awarding grants under this section, the Director 
of the Bureau of Justice Assistance shall give priority to applicants 
based on--
            (1) the number of pregnant and postpartum individuals 
        incarcerated in the State and, among such individuals, the 
        number of pregnant and postpartum minority individuals; and
            (2) the extent to which the State has demonstrated a 
        commitment to developing exemplary programs for pregnant and 
        postpartum individuals incarcerated the prisons and jails in 
        the State.
    (e) Grant Duration.--A grant awarded under this section shall be 
for a 5-year period.
    (f) Implementing and Reporting.--A State that receives a grant 
under this section shall be responsible for--
            (1) implementing the program funded by the grant; and
            (2) not later than 3 years after the date of enactment of 
        this Act, and 6 years after the date of enactment of this Act, 
        reporting results of such program to the Attorney General, 
        including information describing--
                    (A) relevant quantitative indicators of the 
                program's success in improving the standard of care and 
                health outcomes for pregnant and postpartum 
                incarcerated individuals who participated in such 
                program, including data stratified by race, ethnicity, 
                sex, age, geography, disability status, category of the 
                criminal charge against such individual, incidence 
                rates of pregnancy-related deaths, pregnancy-associated 
                deaths, cases of infant mortality, cases of severe 
                maternal morbidity, cases of violence against pregnant 
                or postpartum individuals, diagnoses of maternal mental 
                or behavioral health conditions, and other such 
                information as appropriate;
                    (B) relevant qualitative evaluations from pregnant 
                and postpartum incarcerated individuals who 
                participated in such programs, including subjective 
                measures of patient-reported experience of care;
                    (C) evaluations of cost effectiveness; and
                    (D) strategies to sustain such programs beyond the 
                duration of the grant.
    (g) Report.--Not later than 7 years after the date of enactment of 
this Act, the Attorney General shall submit to the Committee on the 
Judiciary of the House of Representatives and the Senate a report 
describing the results of such grant programs.
    (h) Oversight.--Not later than 1 year after the date of enactment 
of this Act, the Attorney General shall award a contract to an 
independent organization or independent organizations to conduct 
oversight of the programs described in subsection (c).
    (i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2021 through 2025.

SEC. 6. GAO REPORT.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
to Congress a report on adverse maternal health outcomes among 
incarcerated individuals, with a particular focus on racial and ethnic 
disparities in maternal health outcomes for incarcerated individuals.
    (b) Contents of Report.--The report described in this section shall 
include--
            (1) to the extent practicable--
                    (A) the number of incarcerated individuals, 
                including those incarcerated in Federal, State, and 
                local correctional facilities, who have experienced a 
                pregnancy-related death or pregnancy-associated death 
                in the most recent 10 years of available data;
                    (B) the number of cases of severe maternal 
                morbidity among incarcerated individuals, including 
                those incarcerated in Federal, State, and local 
                detention facilities, in the most recent year of 
                available data; and
                    (C) statistics on the racial and ethnic disparities 
                in maternal and infant health outcomes and severe 
                maternal morbidity rates among incarcerated 
                individuals, including those incarcerated in Federal, 
                State, and local detention facilities;
            (2) in the case that the Comptroller General of the United 
        States is unable determine the information required in 
        paragraphs (1) through (4), an assessment of the barriers to 
        determining such information and recommendations for 
        improvements in tracking maternal health outcomes among 
        incarcerated individuals, including those incarcerated in 
        Federal, State, and local detention facilities;
            (3) causes of adverse maternal health outcomes that are 
        unique to incarcerated individuals, including those 
        incarcerated in Federal, State, and local detention facilities;
            (4) causes of adverse maternal health outcomes and severe 
        maternal morbidity that are unique to incarcerated individuals 
        of color;
            (5) recommendations to reduce maternal mortality and severe 
        maternal morbidity among incarcerated individuals and to 
        address racial and ethnic disparities in maternal health 
        outcomes for incarcerated individuals in Bureau of Prisons 
        facilities and State and local prisons and jails; and
            (6) such other information as may be appropriate to reduce 
        the occurrence of adverse maternal health outcomes among 
        incarcerated individuals and to address racial and ethnic 
        disparities in maternal health outcomes for such individuals.

SEC. 7. MACPAC REPORT.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Medicaid and CHIP Payment and Access Commission 
(referred to in this section as ``MACPAC'') shall publish a report on 
the implications of pregnant and postpartum incarcerated individuals 
being ineligible for medical assistance under a State plan under title 
XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
    (b) Contents of Report.--The report described in this section shall 
include--
            (1) information on the effect of ineligibility for medical 
        assistance under a State plan under title XIX of the Social 
        Security Act (42 U.S.C. 1396 et seq.) on maternal health 
        outcomes for pregnant and postpartum incarcerated individuals, 
        concentrating on the effects of such ineligibility for pregnant 
        and postpartum individuals of color; and
            (2) the potential implications on maternal health outcomes 
        resulting from suspending eligibility for medical assistance 
        under a State plan under such title of such Act when a pregnant 
        or postpartum individual is incarcerated.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Culturally congruent.--The term ``culturally 
        congruent'' means in agreement with the preferred cultural 
        values, beliefs, worldview, and practices of the health care 
        consumer and other stakeholders.
            (2) Postpartum.--The term ``postpartum'' means the one-year 
        period beginning on the last day of an individual's pregnancy.
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