[Congressional Record Volume 166, Number 171 (Thursday, October 1, 2020)]
[House]
[Pages H5143-H5149]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROTECTING THE HEALTH AND WELLNESS OF BABIES AND PREGNANT WOMEN IN
CUSTODY ACT
Ms. BASS. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 7718) to address the health needs of incarcerated women related
to pregnancy and childbirth, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 7718
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. 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 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 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 provided;
(B) whether a social worker, psychologist, doula or other
support person, or pregnancy or parenting program was offered
and provided during pregnancy and delivery;
(C) 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;
(D) the number of days the mother stayed in the hospital
post-delivery;
(E) the number of days the infant remained with the mother
post-delivery; and
(F) 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 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, deliveries, 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;
(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 paragraph may not contain any personally
identifiable information of any incarcerated pregnant woman.
SEC. 3. 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 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 Director of the
Bureau of Prisons shall ensure that the following services
and programs are available to women in custody:
(1) Access to complete appropriate health services for the
life cycle of women.--The Director of the Bureau of Prisons
shall provide to each woman in custody who is of reproductive
age pregnancy testing, contraception, and testing for
sexually transmitted diseases and provide each woman with the
option to decline such services.
(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 a Bureau of Prisons facility that
houses women shall ensure that a summary of all appropriate
protocols directly pertaining to the safety and well-being of
the woman are
[[Page H5144]]
provided to the woman and that such protocols are complied
with, including an assessment of undue safety risks and
necessary changes to accommodate the woman where and when
appropriate, as it relates to--
(A) housing or transfer to a lower bunk for safety reasons;
(B) appropriate bedding or clothing to respond to a woman's
changing physical requirements and the temperature in housing
units;
(C) regular access to water and bathrooms;
(D) a diet that 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 of the
National Nutrition Monitoring and Related Research Act of
1990 (7 U.S.C. 5341(a)(3)), and that includes--
(i) any appropriate dietary supplement, including prenatal
vitamins;
(ii) timely and regular nutritious meals;
(iii) additional caloric content in meals provided;
(iv) a prohibition on withholding food from an incarcerated
pregnant 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
(v) 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;
(E) modified recreation and transportation, in accordance
with standards within the obstetrical and gynecological care
community, to prevent overexertion or prolonged periods of
inactivity; and
(F) 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.--In the case of a woman who is
pregnant at intake or who becomes pregnant while in custody,
that woman shall, at intake or not later than 48 hours after
pregnancy is confirmed, as appropriate, 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)(D);
(iv) information pertaining to the health and safety risks
of pregnancy, childbirth, and parenting, including postpartum
depression;
(v) information on breastfeeding, 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 title 28, Code of Federal Regulations (or any
successor program).
(B) Birth while in custody or prior to custody.--In the
case of a woman who gave birth in custody or who experienced
any other pregnancy outcome during the 6-month period
immediately preceding intake, that woman 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) Testing.--Not later than 1 day after an incarcerated
woman notifies an employee of the Bureau of Prisons that the
woman may be pregnant, a Bureau of Prisons healthcare care
professional shall administer a pregnancy test to determine
whether the woman is pregnant.
(5) Evaluations.--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
not later than 4 days 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 a
pregnancy outcome or early child care. Screening shall
include identification of any of the following risk factors:
(A) An existing mental or physical health condition or
substance use disorder.
(B) Being underweight or overweight.
(C) Multiple births or a previous still birth.
(D) A history of preeclampsia.
(E) A previous Caesarean section.
(F) A previous miscarriage.
(G) Being older than 35 or younger than 15.
(H) Being diagnosed with the human immunodeficiency virus,
hepatitis, diabetes, or hypertension.
(I) Such other risk factors as the chief health care
professional of a Bureau of Prisons facility that houses
women may determine to be appropriate.
(6) Unexpected births rulemaking.--Not later than 180 days
after the date of enactment of this Act, the Attorney General
shall make rules establishing procedures for responding 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.
(7) Treatment.--In the case of any woman in custody who,
after an evaluation under paragraph (4), is diagnosed as
having a substance use disorder or a mental health disorder,
that woman shall be entitled to treatment in accordance with
the following:
(A) Treatment shall include participation in a support
group, including a 12-step program, such as Alcoholics
Anonymous, Narcotics Anonymous, and Cocaine Anonymous or a
comparable nonreligious program.
(B) Treatment may include psychosocial interventions and
medication.
(C) In the case that adequate treatment cannot be provided
to a woman in custody in a Bureau of Prisons facility, the
Director of the Bureau of Prisons shall transfer the woman to
a residential reentry program that offers such treatment
pursuant to section 508 of the Public Health Service Act (42
U.S.C. 290bb-1).
(D) To the extent practicable, treatment for substance use
disorders provided pursuant to this section shall be
conducted in a licensed hospital.
SEC. 4. USE OF RESTRICTIVE HOUSING AND RESTRAINTS 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 restraints and restrictive housing on
incarcerated women during the period of pregnancy, labor,
and postpartum recovery prohibited and to improve pregnancy
care for women in Federal prisons
``(a) Prohibition.--Except as provided in subsection (b),
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
placed in restraints or held in restrictive housing.
``(b) Exceptions.--
``(1) Use of restraints.--The prohibition under subsection
(a) shall not apply if the senior Bureau of Prisons official
or United States Marshals Service official overseeing women's
health and services and a health care professional
responsible for the health and safety of the incarcerated
woman determines that the use of restraints is appropriate
for the medical safety of the woman, and the health care
professional reviews such determination not later than every
6 hours after such use is initially approved until such use
is terminated.
``(2) Situational use.--The individualized determination
described under paragraph (1) shall only apply to a specific
situation and must be reaffirmed through the same process to
use restraints again in any future situation involving the
same woman.
``(3) Access to care.--Immediately upon the cessation of
the use of restraints or restrictive housing as outlined in
this subsection, the Director of the Bureau of Prisons or the
United States Marshal Service shall provide the incarcerated
woman with immediate access to physical and mental health
assessments and all recommended treatment.
``(4) Response to behavioral risks in the bureau of
prisons.--
``(A) Restrictive housing.--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.
``(B) Review.--The official who makes a determination under
subparagraph (A) shall review such determination every 4
hours for the purpose of removing an incarcerated woman as
quickly as feasible from restrictive housing.
``(C) 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, not
to exceed 2 days.
``(D) Monitoring.--An incarcerated woman who is placed in
restrictive housing pursuant to this paragraph shall be--
[[Page H5145]]
``(i) monitored every hour;
``(ii) placed in a location visible to correctional
officers; and
``(iii) prohibited from being placed in solitary
confinement if the incarcerated woman is in her third
trimester.
``(c) Reports.--
``(1) Report to the director and health care professional
after the use of restraints.--If an official identified in
subsection (b)(1) or a correctional officer uses restraints
on an incarcerated woman under subsection (b), that official
(or an officer or marshal designated by that official) or
correctional officer shall submit, not later than 30 days
after placing the woman in restraints, to the Director of the
Bureau of Prisons or the Director of the U.S. Marshal
Service, as applicable, a written report which describes the
facts and circumstances surrounding the use of restraints,
and includes each of the following:
``(A) A description of all attempts to use alternative
interventions and sanctions before the restraints were used.
``(B) A description of the circumstances that led to the
use of restraints.
``(C) Strategies the facility is putting in place to
identify more appropriate alternative interventions should a
similar situation arise again.
``(2) Report to congress.--Beginning on the date that is 6
months after the date of enactment of the Protecting the
Health and Wellness of Babies and Pregnant Women in Custody
Act, and every 6 months thereafter for a period of 10 years,
the Attorney General shall submit to the Committees on the
Judiciary of the House of Representatives and the Senate a
report on--
``(A) the reasoning upon which the determination to use
restraints was made;
``(B) the details of the use of restraints, including the
type of restraints used and length of time during which
restraints were used; and
``(C) any resulting physical effects on the prisoner
observed by or known to the corrections official or United
States Marshal, as applicable.
``(3) Report to the director and health care professional
after placement in restrictive housing.--If an official
identified in subsection (b)(3), correctional officer, or
United States Marshal places or causes an incarcerated woman
to be placed in restrictive housing under such subsection,
that official, correctional officer, or United States Marshal
shall submit, not later than 30 days after placing or causing
the placement of the incarcerated woman in restrictive
housing, 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.
``(4) Report to congress.--Beginning on the date that is 6
months after the date of enactment of the Protecting the
Health and Wellness of Babies and Pregnant Women in Custody
Act, and every 6 months thereafter for a period of 10 years,
the Attorney General shall submit to the Committees on the
Judiciary of the House of Representatives and the Senate a
report on the information described in paragraph (3).
``(d) Notice.--Not later than 24 hours after the
confirmation of an incarcerated woman's pregnancy 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 restraints and
restrictive housing placements under this section;
``(2) of the incarcerated woman's right to make a
confidential report of a violation of restrictions on the use
of restraints or 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 this 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
incarcerated pregnant woman's rights under subsection (a).
``(g) Retaliation.--It shall be unlawful for any Bureau of
Prisons or United States Marshal Service employee to
retaliate against an incarcerated person for reporting under
the provisions of 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 develop education guidelines regarding the
physical and mental health needs of incarcerated pregnant
women, and the use of restraints and restrictive housing
placements on incarcerated women during the period of
pregnancy, labor, and postpartum recovery, and shall
incorporate such guidelines into appropriate education
programs.
``(i) Definition.--In this section:
``(1) 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.
``(2) Restrictive housing.--The term `restrictive housing'
means any type of detention that involves--
``(A) removal from the general inmate population, whether
voluntary or involuntary;
``(B) placement in a locked room or cell, whether alone or
with another inmate; and
``(C) inability to leave the room or cell for the vast
majority of the day.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 317 of title 18, United States Code, is
amended by amending the item relating to section 4322 to read
as follows:
``4322. Use of restraints and restrictive housing on incarcerated women
during the period of pregnancy, labor, and postpartum
recovery prohibited and to improve pregnancy care for
women in Federal prisons.''.
SEC. 5. 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 health care appropriate for a high-
risk pregnancy, including obstetrical and gynecological care,
during pregnancy and post-partum recovery.
``(b) High-Risk Pregnancies.--
``(1) In general.--The Director of the Bureau of Prisons
shall transfer any incarcerated woman, who is determined by a
health care professional to have a high-risk pregnancy and
who agrees to be transferred, to a Residential Reentry Center
with adequate health care during her pregnancy and post-
partum recovery.
``(2) Priority.--The Residential Reentry Center to which an
incarcerated pregnant woman is transferred pursuant to
paragraph (1) shall be in a geographical location that is
close to the family members of the incarcerated pregnant
woman. In the case that a Residential Reentry Center is
unavailable, the incarcerated pregnant woman shall be
transferred to alternative housing, including housing with a
family member.
``(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 has been approved by the woman's health
care professional, at no expense to the woman.
``(4) Monitoring.--In the case that an incarcerated
pregnant woman transferred to alternative housing pursuant to
this section is monitored electronically, an ankle monitor
may not be used on the woman, unless there is no feasible
alternative for monitoring the woman.
``(5) Service of sentence.--Any time accrued at a
Residential Reentry Center or alternative housing as a result
of a transfer made pursuant to this section shall be credited
toward service of the incarcerated pregnant woman's sentence.
``(6) Credit for pretrial custody.--In the case of an
incarcerated pregnant woman, any time accrued in pretrial
custody shall be credited toward service of the woman's
sentence.
``(c) Definitions.--In this section:
``(1) Family member.--The term `family member' means any
individual related by blood or affinity whose close
association with the incarcerated pregnant woman is the
equivalent of a family relationship, including a parent,
sibling, child, or individual standing in loco parentis.
``(2) Residential reentry center.--The term `Residential
Reentry Center' means a Bureau of Prisons contracted
residential reentry center.
``(3) Health care professional.--
``(A) In general.--The term `health care professional'
means--
``(i) a doctor of medicine or osteopathy who is authorized
to practice medicine or surgery by the State in which the
doctor practices;
``(ii) any physician's assistant or nurse practitioner who
is supervised by a doctor of medicine or osteopathy described
in clause (i); or
``(iii) any other person determined by the Secretary to be
capable of providing health care services.
``(B) Other health care services.--A person is capable of
providing health care services if the person is--
[[Page H5146]]
``(i) a podiatrist, dentist, clinical psychologist,
optometrist, or chiropractor (limited to treatment consisting
of manual manipulation of the spine to correct a subluxation
as demonstrated by X-ray to exist) authorized to practice in
the State and performing within the scope of their practice
as defined under State law;
``(ii) a nurse practitioner, nurse-midwife, clinical social
worker, or physician's assistant who is authorized to
practice under State law and who is performing within the
scope of their practice as defined under State law; and
``(iii) any health care professional from whom an employer
or the employer's group health plan's benefits manager will
accept certification of the existence of a serious health
condition to substantiate a claim for benefits.
``(C) Authorized to practice in the state.--The term
`authorized to practice in the State' means that a
professional must be authorized to diagnose and treat
physical or mental health conditions under the laws of the
State in which the professional practices and where the
facility is located.
``(4) 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.
``(5) Post-partum recovery.--The term `post-partum
recovery' means the 3-month period beginning on the date on
which an incarcerated pregnant woman gives birth.''.
(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. 6. EXEMPTION OF INCARCERATED PREGNANT WOMEN FROM THE
REQUIREMENTS FOR SUITS BY PRISONERS.
Section 7 of the Civil Rights of Institutionalized Persons
Act (42 U.S.C. 1997e) is amended--
(1) in subsection (a), by inserting after the period at the
end the following: ``This subsection shall not apply with
respect to an incarcerated pregnant woman who brings an
action relating to or affecting the woman's pregnancy.''; and
(2) in subsection (d)(1), insert ``, except an incarcerated
pregnant woman,'' before ``who is confined''.
SEC. 7. DEFINITIONS.
In this Act:
(1) In custody.--The term ``in custody'' means, with
respect to an individual, that the individual is under the
supervision of a Federal, State, tribal or local correctional
facility, including pretrial and contract facilities, and
juvenile or medical or mental health facilities.
(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''
means the 12-week period, or longer as determined by the
health care professional responsible for the health and
safety of the incarcerated pregnant woman, following
delivery, and shall include the entire period that the
incarcerated pregnant woman is in the hospital or infirmary.
(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''
means any type of detention that involves--
(A) removal from the general inmate population, whether
voluntary or involuntary;
(B) placement in a locked room or cell, whether alone or
with another inmate; and
(C) inability to leave the room or cell for the vast
majority of the day.
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 U.S. MARSHALS TRAINING.
(a) Bureau of Prisons Training.--Beginning not later than
180 days after the date of enactment of this Act, and
biannually thereafter, the Director of the Bureau of Prisons
shall train each correctional officer at any Bureau of
Prisons women's facility to carry out the requirements of
this Act.
(b) New Hires.--Beginning not later than 180 days after the
date of enactment of this Act, the Director of the Bureau of
Prisons shall train any newly hired correctional officer at a
Bureau of Prisons facility that houses women to carry out the
requirements of this Act not later than 30 days after the
date on which the officer is hired.
(c) U.S. Marshal Training.--Beginning not later than 180
days after the date of enactment of this Act, and biannually
thereafter, the Director of the U.S. Marshals Service shall
ensure that each Deputy U.S. Marshal is trained pursuant to
the guidelines described in subsection (d). Newly hired
deputies shall receive such training not later than 30 days
after the date on which such deputy starts employment.
(d) Guidelines.--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.
Such guidelines shall include guidance on--
(1) the transportation of incarcerated pregnant women;
(2) housing of incarcerated pregnant women;
(3) nutritional requirements for incarcerated pregnant
women; and
(4) 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 policies on obstetrical and gynecological care,
education on nutrition, health and safety risks associated
with pregnancy, mental health and substance use treatment,
access to prenatal and post-delivery support services and
programs, the use of restraints and restrictive housing
placement, and the extent to which the intent of such
policies are 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. Specifically, the study shall examine--
(1) what available data indicate about pregnant women
detained or held in Federal pretrial detention facilities;
(2) existing U.S. 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 a report of the results of the study
conducted under subsection (a) to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives. The report shall identify best
practices for ensuring that Federal pretrial detention
facilities implement services and protections for pregnant
women consistent with this Act and shall 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
U.S. Marshals Service for the purpose of housing Federal
pretrial detainees.
SEC. 12. PWIC GRANT PROGRAM.
Section 508 of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10151 et seq.) is amended to read as
follows:
``SEC. 508. PREGNANT WOMEN IN CUSTODY GRANT PROGRAM.
``(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 pregnant women in
the criminal justice system at the State, tribal, and local
levels or have declared their intent to establish such a
program. Eligible entities shall--
``(1) promote the safety and wellness of pregnant women in
custody;
``(2) provide services for obstetrical and gynecological
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 corrections;
``(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 government that
operates a correctional facility, with expertise in providing
health services to incarcerated pregnant women.
``(e) Application.--To receive a grant under this section,
an eligible entity shall
[[Page H5147]]
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 percent 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
facility used to provide lactation, nursery, obstetrical, or
gynecological services.
``(h) Priority Funding for States That Provide 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
General shall give priority to States or units of local
government 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 support 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 promote and facilitate
bonding skills for incarcerated pregnant 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 pregnant
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 General upon a determination
that the financial circumstances 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 substantially similar to the
policy under section 3 of Protecting the Health and Wellness
of Babies and Pregnant 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 information 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 programs or services in
the prison where funds will be used.
``(n) Unobligated and Unspent Funds.--Funds made available
pursuant to this section that remain unobligated 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 nondiscrimination
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 custody'
means, with respect to an individual, that the individual is
under the supervision of a Federal, State, tribal, or local
correctional facility, including pretrial and contract
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: ``Notwithstanding
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, provided that such
statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California (Ms. Bass) and the gentleman from Pennsylvania (Mr.
Reschenthaler) each will control 20 minutes.
The Chair recognizes the gentlewoman from California.
General Leave
Ms. BASS. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. BASS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I worked with Representatives Katherine Clark and Brenda
Lawrence, along with my colleagues on the other side of the aisle, Guy
Reschenthaler and Debbie Lesko, to introduce the bipartisan H.R. 7718,
Protecting the Health and Wellness of Babies and Pregnant Women in
Custody Act, which will improve the prenatal and postpartum care women
receive while in BOP custody and provides additional funding for States
to do the same.
Since the early 1980s, the number of women in Federal and State
custody has increased by 700 percent. Women are the fastest growing
segment of the incarcerated population, and women are incarcerated
mainly for nonviolent offenses. Over 60 percent of women in prison are
mothers with children under the age of 18.
The purpose of this bill is to take a comprehensive look at how women
are cared for while in custody. This bill addresses a series of health-
related concerns raised by women in custody as well as the American
College of Obstetricians and Gynecologists.
This bill would require that once a determination that a woman is
pregnant is made, that her doctor devise a plan that would allow for
reasonable accommodations for her care while in custody. This plan
would be provided to the warden of each prison.
The plan would take into account a woman's individual healthcare
needs during pregnancy and postpartum, which includes access to
healthcare professionals, such as OB/GYNs, nurses, doulas, and
midwives, to address the conditions in prison that, if modified, would
significantly improve her chances of having a healthy pregnancy.
Reasonable accommodations include food and nutrition and access to
nutritious food. According to healthcare professionals, good maternal
nutrition can contribute positively to the delivery of a healthy
newborn of an appropriate weight.
We have heard stories of women who are incarcerated given an
additional peanut butter and jelly sandwich to address their
nutritional needs. This is obviously not adequate for a woman who is
pregnant.
Another accommodation is transferring a woman from a top bunk to a
lower bunk, as pregnant women are at high risk for falls, and falls are
dangerous for pregnancies. In addition, women who are pregnant need
access to bathrooms and water for the duration of their pregnancy. I
know it sounds strange, but in some prisons, this is actually an issue.
Meeting the healthcare needs of women has a positive impact on the
pregnancy and allowing women access to OB/GYNs as their primary
caregiver is vital.
Birth by caesarean section, on average, can cost $7,000 to $10,000
more than a natural birth, and dealing with women appropriately during
pregnancy reduces the number of caesarean sections.
For women who are determined to have pregnancies that are considered
at high risk by their doctor, it might be appropriate to say
incarceration in a prison is not the best way and maybe women could be
housed closer to home in halfway houses.
After a baby is born, birth mothers will be provided with postpartum
care and also will receive information regarding family preservation
and their parental rights.
So this is a comprehensive bill, and I advise all of my colleagues to
support the bill.
Mr. Speaker, I reserve the balance of my time.
Mr. RESCHENTHALER. Mr. Speaker, I yield myself such time as I may
consume.
[[Page H5148]]
Mr. Speaker, the bipartisan Protecting the Health and Wellness of
Babies and Pregnant Women in Custody Act will improve care and outcomes
for pregnant women in prison as well as for their children.
I was proud to introduce this important legislation with
Representatives Bass, Lesko, and Clark. I just want to say that
Chairwoman Bass was incredible to work with. In particular, we did one
virtual meeting, which consisted of tear-jerking stories that really
addressed the need for change in this area.
Mr. Speaker, women are the fastest growing population in Federal
prisons, yet the system was designed with just men in mind.
In 2018, Congress and President Trump took action to address these
inequities with the FIRST STEP Act. H.R. 7718 will build upon that
critical work by addressing the unique healthcare needs of incarcerated
women who are pregnant, as well as those of their babies, which will
ensure positive outcomes for their families.
H.R. 7718 establishes minimum standards of care for pregnant women,
unborn children, and newborns in Federal custody. Further, the bill
limits the use of restraints and restrictive housing for pregnant women
and postpartum prisoners.
By providing incarcerated women with access to pregnancy-related
healthcare and services, we can ensure better outcomes for mothers and
babies.
Again, I want to thank Chairwoman Bass, Representative Lesko, and
Representative Clark for working with me on this important piece of
legislation.
Mr. Speaker, I urge the House to support this important legislation,
and I reserve the balance of my time.
Ms. BASS. Mr. Speaker, I yield myself such time as I may consume. To
date, the United States incarcerates more women than any other country
in the world. However, Federal, State, and local facilities have not
fully met the needs of pregnant women in their care. I would like to
share a few stories with you.
Last Congress, Pamela Winn, while she sat in the Chamber during the
passage of the FIRST STEP Act, was a registered nurse who specialized
in obstetrics. She knew her pregnancy was in distress after she fell
while her wrists and ankles were shackled in her 20th week of
pregnancy.
For weeks after the fall, Ms. Winn asked for medical help, which she
did not receive. She began bleeding in her cell and was brought to the
hospital in shackles. While still in the hospital, Ms. Winn asked the
guard what happened to her baby, and he told her that her baby was
thrown in the trash. That is how Ms. Winn discovered she miscarried.
No one should experience what she had to endure.
Andrea Circle Bear is the first woman to die in custody as a result
of COVID-19. Ms. Circle Bear entered custody while pregnant and
contracted COVID-19 while in BOP's care. She later gave birth on a
ventilator by caesarean and died without meeting her child.
Ms. Circle Bear, the mother of five children, was a high-risk
pregnancy and could have easily been released. She was in on a drug
charge. Instead, she now leaves behind six children.
Recently, I spoke with Nicole Bennett, who lives in Los Angeles.
Nicole is the mother of four and shared her experience being pregnant
with her second child while in custody. Ms. Bennett did not receive
proper prenatal care or nutrition. She was shackled during labor and
immediately after.
Ms. Bennett, like most women in custody, was not a violent offender.
Yet, she was not allowed to hold her infant daughter when she was born.
It would be 6 months before Ms. Bennett saw her daughter again.
Today, her daughter is 8 years old, and Ms. Bennett still carries a
lot of guilt and pain for being shackled, not having access to proper
prenatal care, and having her child in custody without friends or
family. Ms. Bennett firmly believes this impacted her ability to bond
with her child.
Tammy Jackson is a woman struggling with mental illness. She was
brought into custody while in her final trimester. Ms. Jackson informed
the officers that she was in labor, and it took 6 hours for her to
receive medical help. Ms. Jackson gave birth to her child in her cell,
alone.
Diana Sanchez could not pay for her bond for a traffic violation
while in her final trimester of pregnancy. Ms. Sanchez requested
medical help after she began experiencing severe cramps. She informed
the on-duty nurse, as well as the officers on duty, yet Ms. Sanchez was
left alone in her cell for 5 hours and gave birth alone in her cell.
The entire nightmare was caught on video. You can see Ms. Sanchez
screaming. She should not have been left alone in her cell in her third
trimester, and she should have received medical care from an
obstetrician.
This is a comprehensive and strong bipartisan bill, and I urge all of
my colleagues to support H.R. 7718. Support pregnant women in custody.
Mr. Speaker, I reserve the balance of my time.
Mr. RESCHENTHALER. Mr. Speaker, I, again, want to urge my colleagues
to vote ``yes'' on H.R. 7718, the Protecting the Health and Wellness of
Babies and Pregnant Women in Custody Act.
Again, I reiterate that it was an absolute honor to work with
Chairwoman Bass on this important piece of legislation.
Mr. Speaker, I yield back the balance of my time.
{time} 1415
Ms. BASS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, one day I hope that these mothers mentioned here earlier
are the last to have experienced not receiving appropriate care while
in custody and pregnant.
As we begin to institute criminal justice reform to stem the increase
of people entering the system, we must improve the resources provided
to those who are currently in custody. Support H.R. 7718. Support
pregnant women in custody.
Mr. Speaker, I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, as a senior member of the Committee on
the Judiciary and Co-Chair of the Congressional Children's Caucus, I
rise in strong support of H.R. 7718, the ``Protecting the Health and
Wellness of Babies and Pregnant Women in Custody Act,'' introduced by
our colleague Congresswoman Bass of California.
This legislation requires the Bureau of Justice Statistics to collect
and report data relating to the demographics and physical and mental
health needs of incarcerated women who are pregnant, in labor, or in
post-partum recovery, at the Federal, State, tribal, and local levels.
In addition, the bill will help ensure that appropriate medical
services and programs related to pregnancy and childbirth are provided
in the Bureau of Prisons (BOP) and made available to women in custody.
The bill also prohibits the use of restraints or restrictive housing,
while in BOP or U.S. Marshals Service custody, during the period of
pregnancy, labor, and postpartum recovery, unless these measures are
necessary.
Over the past four decades, the total U.S. prison population has
skyrocketed.
There are almost 2.3 million people currently in our nation's prisons
and jails, 36 which represents a more than 500 percent increase over
the last 40 years.
During the period from 1980 to the present, the federal prison
population has grown from approximately 25,000 to 180,000--an increase
of over 600 percent.
A topic that is not as widely discussed is the fact that women are
the fastest-growing segment of the incarcerated population.
In the same time period, the number of women in the state prison
population has grown by 834 percent, at more than double the pace of
men.
Today, the overall incarcerated population has begun to decrease
slightly, although almost all of the reduction has been among men, and
the proportion of incarcerated women remains on the rise.
Since 2000, the jail incarceration rate for women has risen 26
percent while the rate for men has fallen by 5 percent.
In addition, at the present time, there are more women in prison than
at any point in U.S. history.
Nationally, 64 out of every 100,000 women were in prison in 2016.
Since 2013, the percentage of women prosecuted federally has
consistently hovered around 13 percent.
At the state level, the rate at which women are incarcerated varies
greatly; the state with the highest rate of female imprisonment is
Oklahoma and the states with the lowest incarceration rates for women
are Rhode Island and Massachusetts.
[[Page H5149]]
In 35 states, women's incarceration numbers have been higher than
men's, and in a few states, the growth of women's prison populations
have counteracted any reductions in men's incarceration numbers.
Further, women in jail are the fastest growing correctional
population in the country, increasing 14-fold between 1970 and 2014.
This trend is even greater in small counties, where there has been a
31-fold increase between 1970 and 2014.
Significantly, nearly half of all incarcerated women are held in
jails.
Mr. Speaker, somewhere between 3 percent and 6 percent of women
entering the prison system are pregnant, with the highest rates of
pregnancies being in local jails.
Statistics from the Bureau of Prisons show that there were 171
pregnancies in federal prison in 2018.
While the prison health care system is barely adequate for men, it
fails to meet incarcerated women's basic needs.
The situation is even more dire for pregnant women in prison who have
additional and unique health needs.
A significant portion of women come into the prison system with a
history of poverty, substance abuse, and trauma and abuse.
Women who enter prison are also less likely to have had access to
regular health care before their incarceration, especially appropriate
prenatal care.
Moreover, women in prison are more likely to suffer from undiagnosed
chronic illnesses, such as diabetes and high blood pressure, that can
cause a high-risk pregnancy.
Another salutary aspect of H.R. 7718 is that provides education and
technical assistance by the National Institute of Corrections to state
and local corrections facilities on appropriate medical care for
pregnant women and to ensure training of BOP correctional officers at
facilities housing women and of deputy U.S. Marshals, on the
requirements of the bill.
Finally, the legislation directs GAO to study and report to Congress
the services and protections provided for pregnant incarcerated women
in local and State correctional settings and in Federal pretrial
detention facilities and authorizes the Attorney General to make grants
to State, tribal, and local governments, to promote and support the
health needs of incarcerated pregnant women.
Mr. Speaker, H.R. 7718 complements and expands on the SIMARRA Act I
introduced in the 114th and 115th Congress (i.e., H.R. 5130, H.R. 3410)
and incorporated in the Violence Against Women Reauthorization Act,
legislation which directs the Bureau of Prisons to establish a pilot
program to allow incarcerated women who give birth and children born
during such incarceration to reside together in a separate prison
housing unit.
I strongly support this legislation and urge all Members to join me
in voting to pass H.R. 7718, the ``Protecting the Health and Wellness
of Babies and Pregnant Women in Custody Act.''
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Ms. Bass) that the House suspend the rules
and pass the bill, H.R. 7718, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________