[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.

                          ____________________