[Congressional Record Volume 168, Number 186 (Thursday, December 1, 2022)]
[House]
[Pages H8686-H8693]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PREGNANT WOMEN IN CUSTODY ACT
Mr. NADLER. Mr. Speaker, pursuant to House Resolution 1499, I call up
the bill (H.R. 6878) to address the health needs of incarcerated women
related to pregnancy and childbirth, and for other purposes, and ask
for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 1499, the
amendment in the nature of a substitute recommended by the Committee on
the Judiciary, printed in the bill, modified by the amendment printed
in part C of House Report 117-587, is adopted and the bill, as amended,
is considered read.
[[Page H8687]]
The text of the bill, as amended, is as follows:
H.R. 6878
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 ``Pregnant Women in Custody
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) In custody.--The term ``in custody'', with respect to
an individual, means that the individual is under the
supervision of a Federal, State, Tribal, or local
correctional facility, including a pretrial, juvenile,
medical, or mental health facility and a facility operated
under a contract with the Federal Government or a State,
Tribal, or local government.
(2) Other pregnancy outcome.--The term ``other pregnancy
outcome'' means a pregnancy that ends in stillbirth,
miscarriage, or ectopic pregnancy.
(3) Postpartum recovery.--The term ``postpartum recovery''
has the meaning given that term in section 4051(c) of title
18, United States Code, as added by this Act.
(4) Restraints.--The term ``restraints'' means any physical
or mechanical device used to control the movement of an
incarcerated pregnant woman's body, limbs, or both.
(5) Restrictive housing.--The term ``restrictive housing''
has the meaning given that term in section 4322 of title 18,
United States Code, as added by this Act.
SEC. 3. DATA COLLECTION.
(a) In General.--Beginning not later than 1 year after the
date of enactment of this Act, pursuant to the authority
under section 302 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10132), the Director of
the Bureau of Justice Statistics shall include in the
National Prisoner Statistics Program and Annual Survey of
Jails statistics relating to the health needs of incarcerated
pregnant women in the criminal justice system at the Federal,
State, Tribal, and local levels, including--
(1) demographic and other information about incarcerated
women who are pregnant, in labor, or in postpartum recovery,
including the race, ethnicity, and age of the woman;
(2) the provision of pregnancy care and services provided
for such women, including--
(A) whether prenatal, delivery, and post-delivery check-up
visits were scheduled and provided;
(B) whether a social worker, psychologist, doula or other
support person was offered and provided during pregnancy and
delivery and post-delivery;
(C) whether a pregnancy or parenting program was offered
and provided during pregnancy;
(D) whether a nursery or residential program to keep
mothers and infants together post-delivery was offered and
whether such a nursery or residential program was provided;
(E) the number of days the mother stayed in the hospital
post-delivery;
(F) the number of days the infant remained with the mother
post-delivery; and
(G) the number of days the infant remained in the hospital
after the mother was discharged;
(3) the location of the nearest hospital with a licensed
obstetrician-gynecologist in proximity to where the
incarcerated pregnant woman is housed and the length of
travel required to transport the woman;
(4) whether a written policy or protocol is in place--
(A) to respond to unexpected childbirth, labor, deliveries,
or medical complications related to the pregnancies of
incarcerated pregnant women; and
(B) for incarcerated pregnant women experiencing labor or
medical complications related to pregnancy outside of a
hospital;
(5) the number of incarcerated women who are determined by
a health care professional to have a high-risk pregnancy;
(6) the total number of incarcerated pregnant women and the
number of incarcerated women who became pregnant while
incarcerated;
(7) the number of incidents in which an incarcerated woman
who is pregnant, in labor, or in postpartum recovery is
placed in restrictive housing, the reason for such
restriction or placement, and the circumstances under which
each incident occurred, including the duration of time in
restrictive housing, during--
(A) pregnancy;
(B) labor;
(C) delivery;
(D) postpartum recovery; and
(E) the 6-month period after delivery; and
(8) the disposition of the custody of the infant post-
delivery.
(b) Personally Identifiable Information.--Data collected
under this section may not contain any personally
identifiable information of any incarcerated pregnant woman
or woman in postpartum recovery.
SEC. 4. CARE FOR FEDERALLY INCARCERATED WOMEN RELATED TO
PREGNANCY AND CHILDBIRTH.
(a) In General.--The Director of the Bureau of Prisons
shall ensure that appropriate services and programs, as
described in subsection (b), are provided to women in
custody, to address the health and safety needs of such women
related to pregnancy and childbirth. The warden of each
Bureau of Prisons facility that houses women shall ensure
that these services and programs are implemented for women in
custody at that facility.
(b) Services and Programs Provided.--The services and
programs described in this subsection are the following:
(1) Access to complete appropriate health services for the
life cycle of women.--The Director of the Bureau of Prisons
shall ensure that each woman of reproductive age in custody
at a Bureau of Prisons facility--
(A) has access to contraception and testing for pregnancy
and sexually transmitted diseases, upon request of any such
woman; and
(B) is administered a pregnancy test on the date on which
the woman enters the facility, which the woman may decline.
(2) Compliance with protocols relating to health of a
pregnant woman.--On confirmation of the pregnancy of a woman
in custody by clinical diagnostics and assessment, the chief
health care professional of the Bureau of Prisons facility in
which the woman is housed shall ensure that--
(A) a summary of all appropriate protocols directly
pertaining to the safety and well-being of the woman are
provided to the woman;
(B) such protocols are complied with; and
(C) such protocols include an assessment of undue safety
risks and necessary changes to accommodate the woman where
and when appropriate, as it relates to--
(i) housing or transfer to a lower bunk for safety reasons;
(ii) appropriate bedding or clothing to respond to the
woman's changing physical requirements and the temperature in
housing units;
(iii) regular access to water and bathrooms;
(iv) a diet that--
(I) complies with the nutritional standards established by
the Secretary of Agriculture and the Secretary of Health and
Human Services in the Dietary Guidelines for Americans report
published pursuant to section 301(a)(3) of the National
Nutrition Monitoring and Related Research Act of 1990 (7
U.S.C. 5341(a)(3)); and
(II) includes--
(aa) any appropriate dietary supplement, including prenatal
vitamins;
(bb) timely and regular nutritious meals;
(cc) additional caloric content in meals provided;
(dd) a prohibition on withholding food from the woman or
serving any food that is used as a punishment, including
nutraloaf or any food similar to nutraloaf that is not
considered a nutritious meal; and
(ee) such other modifications to the diet of the woman as
the Director of the Bureau of Prisons determines to be
necessary after consultation with the Secretary of Health and
Human Services and consideration of such recommendations as
the Secretary may provide;
(v) modified recreation and transportation, in accordance
with standards within the obstetrical and gynecological care
community, to prevent overexertion or prolonged periods of
inactivity; and
(vi) such other changes to living conditions as the
Director of the Bureau of Prisons may require after
consultation with the Secretary of Health and Human Services
and consideration of such recommendations as the Secretary
may provide.
(3) Education and support services.--
(A) Pregnancy in custody.--A woman who is pregnant at
intake or who becomes pregnant while in custody shall, not
later than 14 days after the pregnant woman notifies a Bureau
of Prisons official of the pregnancy, receive prenatal
education, counseling, and birth support services provided by
a provider trained to provide such services, including--
(i) information about the parental rights of the woman,
including the right to place the child in kinship care, and
notice of the rights of the child;
(ii) information about family preservation support services
that are available to the woman;
(iii) information about the nutritional standards referred
to in paragraph (2)(C)(iv);
(iv) information pertaining to the health and safety risks
of pregnancy, childbirth, and parenting, including postpartum
depression;
(v) information on breast-feeding, lactation, and breast
health;
(vi) appropriate educational materials, resources, and
services related to pregnancy, childbirth, and parenting;
(vii) information and notification services for
incarcerated parents regarding the risk of debt repayment
obligations associated with their child's participation in
social welfare programs, including assistance under any State
program funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.) or benefits under the
supplemental nutrition assistance program, as defined in
section 3 of the Food and Nutrition Act of 2008 (7 U.S.C.
2012), or any State program carried out under that Act; and
(viii) information from the Office of Child Support
Enforcement of the Department of Health and Human Services
regarding seeking or modifying child support while
incarcerated, including how to participate in the Bureau of
Prison's Inmate Financial Responsibility Program under
subpart B of part 545 of title 28, Code of Federal
Regulations (or any successor program).
(B) Birth while in custody or prior to custody.--A woman
who, while in custody or during the 6-month period
immediately preceding intake, gave birth or experienced any
other pregnancy outcome shall receive counseling provided by
a licensed or certified provider trained to provide such
services, including--
(i) information about the parental rights of the woman,
including the right to place the child in kinship care, and
notice of the rights of the child; and
(ii) information about family preservation support services
that are available to the woman.
(4) Evaluations.--
(A) In general.--Each woman in custody who is pregnant or
whose pregnancy results in a birth or any other pregnancy
outcome during the 6-month period immediately preceding
intake or any time in custody thereafter shall be evaluated
as soon as practicable after intake or confirmation of
pregnancy through evidence-
[[Page H8688]]
based screening and assessment for substance use disorders or
mental health conditions, including postpartum depression or
depression related to pregnancy, birth, or any other
pregnancy outcome or early child care.
(B) Risk factors.--Screening under subparagraph (A) shall
include identification of any of the following risk factors:
(i) An existing mental or physical health condition or
substance use disorder.
(ii) Being underweight or overweight.
(iii) Multiple births or a previous still birth.
(iv) A history of preeclampsia.
(v) A previous Caesarean section.
(vi) A previous miscarriage.
(vii) Being older than 35 or younger than 15.
(viii) Being diagnosed with the human immunodeficiency
virus, hepatitis, diabetes, or hypertension.
(ix) Such other risk factors as the chief health care
professional of the Bureau of Prisons facility that house the
woman may determine to be appropriate.
(5) Unexpected births rulemaking.--The Director of the
Bureau of Prisons shall provide services to respond to
unexpected childbirth deliveries, labor complications, and
medical complications related to pregnancy if a woman in
custody is unable to access a hospital in a timely manner in
accordance with rules promulgated by the Attorney General,
which shall be promulgated not later than 180 days after the
date of enactment of this Act.
(6) Treatment.--The Director of the Bureau of Prisons shall
use best efforts to provide a woman in custody who is
pregnant and diagnosed with having a substance use disorder
or a mental health disorder with appropriate evidence-based
treatment.
SEC. 5. USE OF RESTRICTIVE HOUSING ON INCARCERATED PREGNANT
WOMEN DURING PREGNANCY, LABOR, AND POSTPARTUM
RECOVERY PROHIBITED.
(a) In General.--Section 4322 of title 18, United States
Code, is amended to read as follows:
``Sec. 4322. Use of restrictive housing on incarcerated women
during the period of pregnancy, labor, and postpartum
recovery prohibited
``(a) Prohibition.--Except as provided in subsection (b),
during the period beginning on the date on which pregnancy is
confirmed by a health care professional and ending not
earlier than 12 weeks after delivery, an incarcerated woman
in the custody of the Bureau of Prisons, or in the custody of
the United States Marshals Service pursuant to section 4086,
shall not be held in restrictive housing.
``(b) Exceptions.--
``(1) Restrictive housing.--Subject to paragraph (4), the
prohibition under subsection (a) relating to restrictive
housing shall not apply if the Director of the Bureau of
Prisons or a senior Bureau of Prisons official overseeing
women's health and services, in consultation with senior
officials in health services, makes an individualized
determination that restrictive housing is required as a
temporary response to behavior that poses a serious and
immediate risk of physical harm.
``(2) Review.--The official who makes a determination under
subparagraph (A) shall review such determination daily for
the purpose of removing an incarcerated woman as quickly as
feasible from restrictive housing.
``(3) Restrictive housing plan.--The official who makes a
determination under subparagraph (A) shall develop an
individualized plan to move an incarcerated woman to less
restrictive housing within a reasonable amount of time.
``(4) Prohibition on solitary confinement.--An incarcerated
woman who is placed in restrictive housing under this
subsection may not be placed in solitary confinement if the
incarcerated woman is in her third trimester.
``(c) Reports.--
``(1) Report to directors and health care professional
after placement in restrictive housing.--Not later than 30
days after the date on which an incarcerated woman is placed
in restrictive housing under subsection (b), the applicable
official identified in subsection (b)(1), correctional
officer, or United States Marshal shall submit to the
Director of the Bureau of Prisons or the Director of the
United States Marshals Service, as applicable, and to the
health care professional responsible for the health and
safety of the woman, a written report which describes the
facts and circumstances surrounding the restrictive housing
placement, and includes the following:
``(A) The reasoning upon which the determination for the
placement was made.
``(B) The details of the placement, including length of
time of placement and how frequently and how many times the
determination was made subsequent to the initial
determination to continue the restrictive housing placement.
``(C) A description of all attempts to use alternative
interventions and sanctions before the restrictive housing
was used.
``(D) Any resulting physical effects on the woman observed
by or reported by the health care professional responsible
for the health and safety of the woman.
``(E) Strategies the facility is putting in place to
identify more appropriate alternative interventions should a
similar situation arise again.
``(2) Report to congress.--Not later than 180 days after
the date of enactment of the Pregnant Women in Custody Act,
and every 180 days thereafter for a period of 10 years, the
Attorney General shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report on the placement of
incarcerated women in restrictive housing under subsection
(b), which shall include the information described in
paragraph (1).
``(d) Notice.--Not later than 24 hours after the
confirmation of the pregnancy of an incarcerated woman by a
health care professional, that woman shall be notified,
orally and in writing, by an appropriate health care
professional, correctional officer, or United States Marshal,
as applicable--
``(1) of the restrictions on the use of restrictive housing
placements under this section;
``(2) of the right of the incarcerated woman to make a
confidential report of a violation of restrictions on the use
of restrictive housing placement; and
``(3) that the facility staff have been advised of all
rights of the incarcerated woman under subsection (a).
``(e) Violation Reporting Process.--Not later than 180 days
after the date of enactment of the Pregnant Women in Custody
Act, the Director of the Bureau of Prisons and the Director
of the United States Marshals Service shall establish
processes through which an incarcerated person may report a
violation of this section.
``(f) Notification of Rights.--The warden of the Bureau of
Prisons facility where a pregnant woman is in custody shall
notify necessary facility staff of the pregnancy and of the
rights of the incarcerated pregnant woman under subsection
(a).
``(g) Retaliation.--It shall be unlawful for any Bureau of
Prisons or United States Marshals Service employee to
retaliate against an incarcerated person for reporting under
the processes established under subsection (e) a violation of
subsection (a).
``(h) Education.--Not later than 90 days after the date of
enactment of the Pregnant Women in Custody Act, the Director
of the Bureau of Prisons and the Director of the United
States Marshals Service shall each--
``(1) develop education guidelines regarding the physical
and mental health needs of incarcerated pregnant women, and
the use of restrictive housing placements on incarcerated
women during the period of pregnancy, labor, and postpartum
recovery; and
``(2) incorporate such guidelines into appropriate
education programs.
``(i) Definition.--In this section, the term `restrictive
housing' means any type of detention that involves--
``(1) removal from the general inmate population, whether
voluntary or involuntary;
``(2) placement in a locked room or cell, whether alone or
with another inmate; and
``(3) inability to leave the room or cell for the vast
majority of the day.''.
(b) Clerical Amendment.--The table of sections for chapter
317 of title 18, United States Code, is amended by striking
the item relating to section 4322 and inserting the
following:
``4322. Use of restrictive housing on incarcerated women during the
period of pregnancy, labor, and postpartum recovery
prohibited.''.
SEC. 6. TREATMENT OF WOMEN WITH HIGH-RISK PREGNANCIES.
(a) In General.--Chapter 303 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 4052. Treatment of incarcerated pregnant women
``(a) High-Risk Pregnancy Health Care.--The Director of the
Bureau of Prisons shall ensure that each incarcerated
pregnant woman receives an evaluation to determine if the
pregnancy is high-risk and, if so, receives healthcare
appropriate for a high-risk pregnancy, including obstetrical
and gynecological care, during pregnancy and postpartum
recovery.
``(b) High-Risk Pregnancies.--
``(1) In general.--The Director of the Bureau of Prisons
shall transfer to a Residential Reentry Center with adequate
health care during her pregnancy and postpartum recovery any
incarcerated woman who--
``(A) is determined by a health care professional to have a
high-risk pregnancy; and
``(B) agrees to be transferred.
``(2) Priority.--The Residential Reentry Center to which an
incarcerated pregnant woman is transferred under paragraph
(1) shall, to the extent practicable, be in a geographical
location that is close to the family members of the
incarcerated pregnant woman.
``(3) Transportation.--To transport an incarcerated
pregnant woman to a Residential Reentry Center, the Director
of the Bureau of Prisons shall provide to the woman a mode of
transportation that a healthcare professional has determined
to be safe for transporting the pregnant woman.
``(4) Service of sentence.--Any time accrued at a
Residential Reentry Center or alternative housing as a result
of a transfer made under this section shall be credited
toward service of the incarcerated pregnant woman's sentence.
``(c) Definitions.--In this section:
``(1) Health care professional.--The term `health care
professional' means--
``(A) a doctor of medicine or osteopathy who is authorized
to diagnose and treat physical or mental health conditions
under the laws of the State in which the doctor practices and
where the facility is located;
``(B) any physician's assistant or nurse practitioner who
is supervised by a doctor of medicine or osteopathy described
in subparagraph (A); or
``(C) any other person determined by the Director of the
Bureau of Prisons to be capable of providing health care
services.
``(2) High-risk pregnancy.--The term `high-risk pregnancy'
means, with respect to an incarcerated woman, that the
pregnancy threatens the health or life of the woman or
pregnancy, as determined by a health care professional.
``(3) Postpartum recovery.--The term `postpartum recovery'
means the 3-month period beginning on the date on which an
incarcerated pregnant woman gives birth, or longer as
determined by a health care professional following delivery,
and shall include the entire period that
[[Page H8689]]
the incarcerated pregnant woman is in the hospital or
infirmary.
``(4) Residential reentry center.--The term `Residential
Reentry Center' means a Bureau of Prisons contracted
residential reentry center.''.
(b) Conforming Amendment.--The table of sections for
chapter 303 of title 18, United States Code, is amended by
adding at the end the following:
``4052. Treatment of incarcerated pregnant women.''.
SEC. 7. REPORTING REQUIREMENT REGARDING CLAIMS FILED BY
PREGNANT INMATES.
The Director of the Federal Bureau of Prisons shall make
publicly available on the website of the Federal Bureau of
Prisons on an annual basis the following information:
(1) The total number of Administrative Remedy appeals
related to pregnant inmates that were filed during the
previous year.
(2) The total number of institution-level Requests for
Administrative Remedy related to pregnant inmates that were
filed during the previous year.
(3) The total number of informal requests for
administrative remedy related to pregnant inmates that were
filed during the previous year.
(4) The total number of requests or appeals related to
pregnant inmates during the previous year that were not
resolved before the inmate gave birth or that were mooted
because the inmate's pregnancy ended.
(5) The average amount of time that each category of
request or appeal took to resolve during the previous year.
(6) The shortest and longest amounts of time that a request
or appeal in each category that was resolved in the last year
took to resolve.
SEC. 8. EDUCATION AND TECHNICAL ASSISTANCE.
The Director of the National Institute of Corrections shall
provide education and technical assistance, in conjunction
with the appropriate public agencies, at State and local
correctional facilities that house women and facilities in
which incarcerated women go into labor and give birth, in
order to educate the employees of such facilities, including
health personnel, on the dangers and potential mental health
consequences associated with the use of restrictive housing
and restraints on incarcerated women during pregnancy, labor,
and postpartum recovery, and on alternatives to the use of
restraints and restrictive housing placement.
SEC. 9. BUREAU OF PRISONS STAFF AND UNITED STATES MARSHALS
TRAINING.
(a) Bureau of Prisons Training.--
(1) In general.--
(A) Initial training.--Not later than 180 days after the
date of enactment of this Act, the Director of the Bureau of
Prisons shall provide training to carry out the requirements
of this Act and the amendments made by this Act to each
correctional officer at any Bureau of Prisons facility that
houses women who is employed on the date of enactment of this
Act.
(B) Subsequent training.--After the initial training
provided under subparagraph (A), the Director of the Bureau
of Prisons shall provide training to carry out the
requirements of this Act and the amendments made by this Act
twice each year to each correctional officer at any Bureau of
Prisons facility that houses women.
(2) New hires.--
(A) Definition.--In this paragraph, the term ``covered new
correctional officer'' means an individual appointed to a
position as a correctional officer at a Bureau of Prisons
facility that houses women on or after the date that is 180
days after the date of enactment of this Act.
(B) Training.--The Director of the Bureau of Prisons shall
train each covered new correctional officer to carry out the
requirements of this Act and the amendments made by this Act
not later than 30 days after the date on which the covered
new correctional officer is appointed.
(b) United States Marshals Training.--
(1) In general.--On and after the date that is 180 days
after the date of enactment of this Act, the Director of the
United States Marshals Service shall ensure that each Deputy
United States Marshal has received trained pursuant to the
guidelines described in subsection (c).
(2) New hires.--
(A) Definition.--In this paragraph, the term ``new Deputy
United States Marshal'' means an individual appointed to a
position as a Deputy United States Marshal after the date of
enactment of this Act.
(B) Training.--Not later than 30 days after the date on
which a new Deputy United States Marshal is appointed, the
new Deputy United States Marshal shall receive training
pursuant to the guidelines described in subsection (c).
(c) Guidelines.--
(1) In general.--The Director of the Bureau of Prisons and
the United States Marshals Service shall each develop
guidelines on the treatment of incarcerated women during
pregnancy, labor, and postpartum recovery and incorporate
such guidelines in the training required under this section.
(2) Contents.--The guidelines developed under paragraph (1)
shall include guidance on--
(A) the transportation of incarcerated pregnant women;
(B) housing of incarcerated pregnant women;
(C) nutritional requirements for incarcerated pregnant
women; and
(D) the right of a health care professional to request that
restraints not be used.
SEC. 10. GAO STUDY ON STATE AND LOCAL CORRECTIONAL
FACILITIES.
The Comptroller General of the United States shall conduct
a study of services and protections provided for pregnant
incarcerated women in local and State correctional settings,
including--
(1) policies on--
(A) obstetrical and gynecological care;
(B) education on nutritional issues and health and safety
risks associated with pregnancy;
(C) mental health and substance use treatment;
(D) access to prenatal and post-delivery support services
and programs; and
(E) the use of restraints and restrictive housing
placement; and
(2) the extent to which the intent of such policies is
fulfilled.
SEC. 11. 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. The bill, as amended, shall be debatable for
1 hour equally divided and controlled by the chair and ranking minority
member of the Committee on the Judiciary or their respective designees.
After 1 hour of debate, it shall be in order to consider the further
amendment printed in part D of House Report 117-587, if offered by the
Member designated in the report, which shall be considered read, shall
be separately debatable for the time specified in the report equally
divided and controlled by the proponent and an opponent, and shall not
be subject to a demand for a division of the question.
The gentleman from New York (Mr. Nadler) and the gentleman from
Wisconsin (Mr. Fitzgerald) each will control 30 minutes.
The Chair recognizes the gentleman from New York (Mr. Nadler).
General Leave
Mr. NADLER. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
insert extraneous material on H.R. 6878.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 6878, the Pregnant Women in Custody Act, is
bipartisan legislation that would help ensure that women receive the
pregnancy, delivery, and postpartum care that they need while in
Federal custody.
The number of women incarcerated has grown significantly in recent
decades, and most women are incarcerated during their reproductive
years. There are an estimated 58,000 admissions of pregnant women into
jails and prisons every year.
It is vital for the health of these women and their newborns that
they have access to appropriate healthcare, nutrition, and postpartum
recovery support.
In addition, research shows that Black women already have a 43
percent higher risk of miscarriage than White women. Since women of
color are disproportionately impacted by the criminal justice system, a
lack of support and care for pregnancy and reproductive health while
incarcerated can lead to increased risk of negative pregnancy outcomes.
By establishing a national standard of care for incarcerated pregnant
women, as well as by prohibiting the use of restrictive housing and
providing for transfers to residential reentry centers for women with
high-risk pregnancies, this bill will help protect the health and
safety of pregnant women and their newborns. Restrictive housing and
solitary confinement have been called psychological torture, and the
use of solitary confinement can further damage the physical and mental
well-being of pregnant women.
{time} 1315
In addition to setting a national standard of care, this bill also
requires the Government Accountability Office to study the services and
protections provided to pregnant women incarcerated at the State and
local levels.
The impact of incarceration of pregnant women is complex and far-
reaching. The reality of pregnancy, delivery, and postpartum recovery
while incarcerated requires significant mental and physical health
interventions and broader protections in order to address the trauma
both mothers and newborns experience.
This bipartisan bill is supported by a broad range of organizations
across the ideological spectrum, including the
[[Page H8690]]
American Psychological Association, the National Alliance on Mental
Illness, the Association of Maternal and Child Health Programs, Dream
Corps, the Vera Institute for Justice, R Street Institute, and the
American Conservative Union.
Mr. Speaker, I thank our colleague, Representative Karen Bass, for
her leadership on this issue and on so many criminal justice issues
throughout her career in Congress. I thank her bipartisan cosponsors
for introducing this important legislation with her.
Mr. Speaker, I urge all of my colleagues to support the bill, and I
reserve the balance of my time.
Mr. FITZGERALD. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, each year, an estimated 58,000 pregnant women pass
through jails and prisons in the United States. H.R. 6878 would expand
on existing programs within the Bureau of Prisons to provide certain
health and wellness-related services for pregnant incarcerated women.
This legislation will help these women receive necessary medical care,
nutrition, and support while in Federal custody.
In addition, H.R. 6878 builds upon President Trump's leadership in
the First Step Act, which prohibited the use of restraints on pregnant
women in Federal custody.
H.R. 6878 would prohibit pregnant women in Federal custody from being
placed in restrictive housing unless their behavior poses a serious and
immediate risk of physical harm. It also would prohibit the use of
solitary confinement for pregnant women in their third trimester.
The bill also expands data reporting on the health needs of pregnant
incarcerated women and requires guidelines for the treatment of
incarcerated women during pregnancy, labor, and postpartum recovery.
We all believe that pregnant incarcerated women should be well cared
for while they are in Federal custody. However, I would like to note
the concern that the bill could require the Bureau of Prisons to
provide abortifacients to pregnant inmates. However, the word
``contraception'' is not defined in the bill, and the internal Bureau
of Prisons policy does not define ``contraception.''
Because the word ``contraception'' is not defined, this ambiguity
leaves open the reasonable interpretation that the term
``contraception'' could include abortifacients or other substances that
induce abortion.
Mr. Speaker, I reserve the balance of my time.
Mr. NADLER. Mr. Speaker, I yield 3 minutes to the distinguished
gentlewoman from Texas (Ms. Jackson Lee), a member of the committee.
Ms. JACKSON LEE. Mr. Speaker, I rise in support of H.R. 6878, the
Pregnant Women in Custody Act, because women's lives matter, pregnant
women's lives matter, their babies' lives matter, as do the lives of
incarcerated women and their babies.
I have worked on this issue for a very long time and am delighted to
be able to support this legislation introduced by my friend and
colleague, Congresswoman Bass.
This works to ensure that we recognize the increasing population of
women incarcerated. Unfortunately, women are the fastest-growing
segment of the incarcerated population in the United States.
Conversations about criminal justice reform often overlook their unique
experiences and the needs of women and girls within the criminal
justice system.
For instance, Mr. Speaker, the United States has the second highest
rate of women incarcerated in the world, with 64 women per 100,000 in
custody and nearly 60,000 pregnant women admitted into American jails
and prisons every year. That is a lot.
Some States have yet to prohibit the shackling of women when they are
giving birth. We have to do something.
This bipartisan legislation would establish Federal policies to
prohibit the use of restrictive housing on incarcerated pregnant women
and develop a national standard of care to add to the pregnancy-related
needs of incarcerated women, including access to prenatal and post-
delivery care and support.
My legislation, the SIMARRA Act, also complements this by creating a
pilot program in the Federal system for mothers to stay with their
infants for a period of time. This humane response and the humane
response of this bill are what we need to do.
Oftentimes, pregnant women lack access to appropriate nutrition while
incarcerated, and the use of restrictive housing can have detrimental
effects on a woman's health, as well as the health of her baby. While
women of color are disproportionately impacted by incarceration, they
also face higher risks of both miscarriage and maternal mortality.
This bill would make certain that incarcerated pregnant women receive
vital prenatal healthcare and postpartum support and ensures the Bureau
of Prisons and the Marshals Service protect the health and safety of
incarcerated women through their pregnancy, when they deliver their
child, and as they receive postpartum care. They should not be
shackled, and they should not be intimidated or frightened.
The one thing I want to say, Mr. Speaker, even though many of us have
different views--and I am an avid supporter of the right to choose--
this is not an abortion bill. This is a healthcare bill.
We also know that the prisons make their determinations on how they
help women in their contraceptives. H.R. 6878 would allow BOP to
collect data on healthcare needs of pregnant women so that we may have
a better understanding.
Let me clearly say that separating a newborn from its mother gives it
less chance for both survival and success in life.
We know in Harris County, Texas, there are approximately 1,000 women
incarcerated in the Harris County Jail. This bill would require a GAO
study, setting national standards, and endeavor to do a landscape to
understand reproductive freedom in this country.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. NADLER. Mr. Speaker, I yield an additional 30 seconds to the
gentlewoman from Texas.
Ms. JACKSON LEE. Mr. Speaker, that is why I was glad to see my bill,
the Stop Infant Mortality And Recidivism Reduction Act of 2021, or the
SIMARRA Act, included in the Violence Against Women Act, which passed
earlier this year. That bill established a pilot program to allow women
incarcerated in Federal prisons and their babies to reside with each
other while the mother is incarcerated for a period of time.
Mr. Speaker, let us continue to be innovators in the treatment of
those who are incarcerated, and let us make sure that we give every
newborn a healthy life. I ask my colleagues to support the underlying
legislation.
Mr. Speaker, I rise in support of H.R. 6878, the ``Pregnant Women in
Custody Act,'' because women's lives matter, pregnant women's lives
matter, their babies' lives matter--as do the lives of incarcerated
women and their babies.
Although women are the fastest growing segment of the incarcerated
population in the United States, conversations about criminal justice
reform often overlook the unique experiences and needs of women and
girls within the criminal justice system.
The United States has the second highest rate of women incarcerated
in the world, with 64 women per 100,000 in custody, and nearly 60,000
pregnant women admitted into American jails and prisons every year,
while some states have yet to prohibit the shackling of women when they
are giving birth.
This bipartisan legislation would establish federal policies to
prohibit the use of restrictive housing on incarcerated pregnant women
and develop a national standard of care to address the pregnancy-
related needs of incarcerated women, including access to prenatal and
post-delivery care and support.
Oftentimes pregnant women lack access to appropriate nutrition while
incarcerated and the use of restrictive housing can have detrimental
effects on a woman's health as well as the health of her baby. And
while women of color are disproportionately impacted by incarceration,
they also face higher risks of both miscarriage and maternal mortality.
This bill would make certain that incarcerated pregnant women receive
vital prenatal healthcare and post-partum support and ensure the Bureau
of Prisons and the Marshal's service protect the health and safety of
incarcerated women throughout their pregnancy, when they deliver their
child, and as they recover post-partum.
H.R. 6878 would also require BOP to collect data on the healthcare
needs of pregnant
[[Page H8691]]
women, so that we may better understand the challenges incarcerated
women face and determine how to address the needs of this vulnerable
population.
In Harris County, Texas, on average, there are approximately 1,000
women incarcerated in the county jail and on average 25 to 30 of them
are pregnant. The jail offers specific programs for mothers to reduce
recidivism and help them support their families upon release.
This bill would require GAO to study state and local corrections
facilities to understand the services and protections provided for
pregnant women, like the program offered in Harris County.
Setting national standards for the treatment of incarcerated pregnant
women in federal custody would set an example for state and local
facilities to follow and the data collected by BOP would farther inform
Congress of the additional health and safety needs of this vulnerable
population.
As we endeavor to navigate a new landscape for reproductive freedom
across the country, we must recognize that incarcerated women will
continue to face challenges in carrying healthy pregnancies to term.
That is why I was glad to see my bill, the ``Stop Infant Mortality
and Recidivism Reduction Act of 2021'' (or the ``SIMARRA Act''),
included in the Violence Against Women Act which passed earlier this
year. That bill established a pilot program to allow women incarcerated
in Federal prisons and their babies born during their incarceration to
reside together with while the mother is incarcerated.
Let us continue to be innovators in the treatment of those who are
incarcerated. And let us make sure women receive proper health care and
humane treatment whether they are incarcerated or not--because all
women deserve proper health care and to be treated with dignity--no
matter their circumstance.
I thank Representative Karen Bass for her steadfast commitment to
addressing this important issue. I urge my colleagues to join me in
support of this long overdue legislation.
I include in the Record a Prison Policy Initiative document titled:
``Unsupportive environments and limited policies: Pregnancy,
postpartum, and birth during incarceration.''
[From Prison Policy Initiative, Aug. 19, 2021]
Unsupportive Environments and Limited Policies: Pregnancy, Postpartum,
and Birth During Incarceration
(By Leah Wang)
Making up for a serious gap in government data collection
and understanding, researchers are discovering what pregnant
incarcerated women should expect when they're expecting (or
when they give birth while in custody). Findings indicate
that jails, prisons, and youth facilities have yet to
adequately recognize pregnancy and postpartum needs either in
policy or in practice.
Recently published findings from the groundbreaking
Pregnancy in Prison Statistics (PIPS) Project and other
datasets shed light on a common but rarely discussed
experience: being pregnant, postpartum or giving birth while
incarcerated. Spearheaded by Dr. Carolyn Sufrin of the Johns
Hopkins University School of Medicine and School of Public
Health, this series of studies is our best look yet at
pregnancy prevalence and outcomes in U.S. jails, prisons, and
youth facilities.
In total, 22 state prison systems, all federal prisons, 6
jails, and 3 youth confinement systems participated in the
PIPS Project, a systematic study of pregnancy and its
outcomes among incarcerated women. Historically, the
government has not collected data about carceral pregnancy on
a regular basis, meaning no national effort has been made to
understand maternity care for thousands of incarcerated
pregnant women. The project's sample represents 57 percent of
all women in prison, 5 percent of all women in jail and about
3 percent of young women in youth facilities.
Our takeaway: Carceral pregnancy, whether in jail, prison,
or youth confinement, is characterized by a lack of
supportive policies and practices. Some of the major findings
to come out of these publications are:
There are an estimated 58,000 admissions of pregnant women
into jails and prisons every year, and thousands give birth
or have other outcomes while still incarcerated. Pregnancy
rates among confined youth were similar to those among
adults.
In some state prison systems, miscarriage, premature birth,
and cesarean section rates were higher than national rates
among the general population.
Only one-third of prisons and jails had any written policy
about breastfeeding or lactation, and even where policies
supporting lactation did exist, relatively few women were
actually breastfeeding or pumping.
There are an estimated 8,000 admissions of pregnant women
with opioid use disorder (OUD) into prisons and jails each
year, but long-term treatment using medication is the
exception, not the rule.
A related (non-PIPS Project) study finds paternal
incarceration is also linked to adverse birth outcomes like
low birth weight, which are widely known to impact long-term
health.
The researchers' findings add complexity to a growing body
of literature and consensus linking incarceration to negative
health impacts. And although PIPS Project data can't be
broken down by race, ethnicity, or gender identity, measuring
the scale and outcomes of pregnancies in prison and jail is a
major public health research accomplishment. The fact that
academic researchers had to conduct this research to fill the
data gap--and the shortage of appropriate policies they
found--makes it clear that many correctional agencies have
yet to even acknowledge the needs of pregnant incarcerated
women.
every year, thousands of incarcerated expecting mothers and babies face
adverse outcomes from exposure to incarceration
Over the 12 months of the Pregnancy in Prison Statistics
(PIPS) study period, there were nearly 1,400 admissions of
pregnant women to participating state and federal prisons
with over 800 pregnancies ending in custody (births,
miscarriages, and others), and over 1,600 admissions of
pregnant women to jails with 224 pregnancies ending in
custody. Unsurprisingly, given the short length of most jail
stays, more pregnant women are admitted to jails each year,
but more births take place in prisons, where the average stay
is longer. Based on their data, the authors estimate that,
nationally, 4 percent of women entering prison (in line with
Bureau of Justice Statistics 2016 estimates) and 3 percent of
women admitted to jail (lower than BJS' most recent 2002
estimates) are pregnant.
Pregnancy outcomes in prisons and jails in some places were
worse than national trends across the general population.
When pregnancy did end in custody, in some states like
Arizona, Kansas and Minnesota, rates of miscarriage ranged
from 19 to 22 percent, exceeding estimates of the national
rate. In Ohio and Massachusetts, premature births exceeded
the general population rate of about 10 percent. Among live
births, which were 92 percent of birth outcomes in custody,
one-third (32 percent) of these were caesarean section
births, in line with the national average rate. In some
states, the C-section rate was much higher, suggesting that
C-sections may be taking place when not medically necessary,
risking short- and long-term health problems in babies.
pregnancy among confined youth is not uncommon, and better testing
might reveal it's even more widespread
Upon hearing about the Pregnancy in Prison Statistics
(PIPS) Project, three juvenile justice systems (one state-
level, and one county-level system) volunteered to complete a
survey about pregnant adolescents in the custody of 17 of
their ``juvenile residential placement'' facilities,
providing a window into this population for the first time.
One takeaway from the survey's findings was that adolescent
pregnancies--both in confinement, and upon release--may risk
poorer outcomes because of a lack of continuity of medical
care between confinement facilities and the community. Even
though all three state systems provided basic prenatal care,
with the typical length of stay for young women lasting a few
months or less, justice-involved youth would benefit
enormously from consistency in medical care throughout
pregnancy.
The survey also showed that the rate of pregnancy among
confined youth (3.3 percent) was similar to that of the adult
incarcerated population (3.5 percent). However, the youth
facilities reported less routine pregnancy testing,
bolstering a 2004 study revealing that only 15-17 percent of
1,255 juvenile facilities nationwide tested youth for
pregnancy at admission (with about two-thirds of facilities
providing tests only if requested). Therefore, it's possible
the youth carceral pregnancy rate is a very conservative
estimate, and that thousands of pregnant youth are going
without prenatal care when their health needs are likely
complicated.
Eight pregnancies ended among youth confined in the
surveyed facilities during the 12-month study period,
including four miscarriages, three induced abortions, and one
live full-term birth. It would be misleading to view these
outcomes as representative of all pregnant confined youth,
but the authors advise youth confinement facilities to be
prepared for high rates of miscarriage and other adverse
birth outcomes, seeing as justice-involved pregnant youth are
going through highly stressful life experiences.
Services and policies regarding prenatal and postpartum
care were variable: All three juvenile systems allowed
abortion, and some covered the cost; all three systems also
allowed lactation through either breastfeeding or pumping.
Still, the small sample size (which represented just 2.8
percent of all confined female youth) and the potential
influence of self-selecting facilities make it difficult to
draw conclusions about the experience of pregnant youth in
confinement.
breastfeeding and lactation are not guaranteed to new mothers and
babies, ignoring the enormous benefits of breast milk
When the cohort of 22 prison systems and 6 jail systems
described their lactation-related policies to the
researchers, they painted a discouraging picture of how
correctional facilities largely don't support breastfeeding,
a practice chosen by some mothers for its unique benefits.
To begin, only one-third of prisons and jails had any
written policy on lactation, leaving many incarcerated women
to the whims of facility staff who may not be
[[Page H8692]]
trained in this area or understand its importance. Even where
women were formally allowed to lactate, milk was sometimes
discarded at the study sites due to mother-infant separation,
providing only a benefit to the mother of maintaining milk
supply.
Because it is a matter of health equity to provide the
opportunity to lactate and breastfeed (among other parental
choices), researchers extend the ``further research is
needed'' statement in order to understand the probable racial
disparities within carceral pregnancy: ``. . . research in
collaboration with current and formerly incarcerated women,
specifically Black, Indigenous, and women of color, is needed
to fully understand breadth of experiences and perspectives
related to breastfeeding and lactation while in custody.''
opioid use disorder among incarcerated women is treated under some
circumstances, but leaves mothers without help postpartum
In addition to known medical needs during pregnancy, some
women enter incarceration with other health problems.
Researchers accessed six months of activity and policy
related to opioid use disorder (OUD) treatment of pregnant
women in the Pregnancy in Prison Statistics (PIPS) study
sites and found that 26 percent of those entering prison and
14 percent entering jail had OUD. The gold standard of care
for these women would be medication for opioid use disorder
(MOUD), which is linked to better pregnancy outcomes and
increased engagement with addiction treatment and other
medical care.
Twenty-two of 28 sites did offer this avenue for treatment
of pregnant women in some way, but the narrow window in which
they could be treated for OUD leaves much room for
improvement. In most facilities offering MOUD, it would not
be initiated in the facility; they would only continue
someone on MOUD if they were already on it. This unfairly
excludes women who were unable to begin treatment before
admission; for example, if someone was in jail before being
transferred to prison, their access would then depend on the
jail's policy. Postpartum, most facilities providing MOUD
would discontinue treatment, showing a clear disregard for
the mother's well-being after birth.
Still, one-third of surveyed sites managed OUD among
pregnant women through detoxification, some with and some
without medication to manage symptoms. Detox, or ``medically
supervised withdrawal,'' can be a painful process and has a
high rate of failure for pregnant women, increasing the risk
of future overdose.
These exclusionary policies and practices are troubling
given the fact that opioid overdose is a major cause of death
for pregnant and postpartum women in the United States, and
remains a huge concern for formerly incarcerated people. In
Rhode Island, where MOUD has been implemented comprehensively
in their unified prison-jail system, there has been a huge
reduction in post-release overdose deaths; replicating their
initiative would have a great impact on carceral pregnancy
and postpartum outcomes.
the incarceration of fathers is also linked to worse birth outcomes
As if it's not bad enough that incarceration prevents
expecting mothers from receiving care and providing care to
their babies, another recent study finds that incarcerating
fathers during pregnancy or at the time of birth is also
harmful to babies' health.
In another recent study--unrelated to the Pregnancy in
Prison Statistics (PIPS) project--Youngmin Yi and fellow
researchers matched hundreds of thousands of birth records to
jail records in New York City between 2010 and 2016,
observing trends in birth weight, preterm (premature) birth,
admission to the NICU (neonatal intensive care unit), and
more. Paternal incarceration was associated with nearly all
adverse outcomes, even after other characteristics of mother
and father were accounted for statistically. ``Exposed'' to
their fathers' incarceration--even for as little as one day--
babies were born with these vulnerabilities, such as low
birth weight, known to have an impact later in life.
incarcerated pregnant people and their babies deserve better care that
is codified in policy
The findings by Sufrin, Asiodu, Kim and fellow researchers
offer a desperately-needed look into pregnancy during
incarceration. And the findings by Yi et al. contribute to an
even more holistic picture of what it means to be a growing
family entangled in the criminal legal system. Families
experiencing pregnancy are impacted by incarceration whether
the mother or the father is incarcerated, and whether or not
the baby is born during the mother's incarceration.
Both adolescents and adults in confinement should be
afforded comprehensive prenatal care, including education,
lactation support, and opioid use disorder treatment that
continues beyond the end of pregnancy. And babies born right
after or during their parents' incarceration, who risk health
issues like lower life expectancy and social and emotional
challenges, deserve the chance to begin life with one or both
parents as much as possible. These efforts and programs
should be clearly written into agency policy so that facility
staff can be trained and expected to provide care.
One way that prisons and jails can begin to assess and
improve their care for pregnant women is by reviewing the
American College of Obstetricians and Gynecologists' recently
updated comprehensive set of guidelines for carceral
reproductive health care. Facilities should also consider
subscribing to the National Commission on Correctional Health
Care's standards for health services, which have clear ways
of addressing many of the above topics. Prisons and jails
should make their policies publicly available, and create
ways to keep healthy mothers and their babies together.
note about the language used
Throughout these publications, the terms ``pregnant women''
and ``mother'' described those people who were pregnant in
custody during the study period. While we've deferred to the
terminology used by the authors, we acknowledge that
pregnancy can overlap with multiple gender identities, and
our conclusions and recommendations apply to all pregnant
people.
Mr. FITZGERALD. Mr. Speaker, I reserve the balance of my time.
Mr. NADLER. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from Rhode Island (Mr. Cicilline), a member of the committee.
Mr. CICILLINE. Mr. Speaker, I rise in strong support of H.R. 6878,
Pregnant Women in Custody Act of 2022.
While Congress made important progress on this issue through the
First Step Act, which prohibited the use of restraints on pregnant
women in the Bureau of Prison's custody, more clearly needs to be done
to protect pregnant women.
Many incarcerated women do not have access to the prenatal care they
need. They are often unjustly placed in restrictive housing, which can
lead to unfair and unequal treatment just because a woman is pregnant.
Shockingly, this is still legal and widely used in Bureau of Prison
facilities.
By passing H.R. 6878, we will establish a much-needed and long-
overdue national standard of care to address pregnancy-related needs of
incarcerated women while also ending the Bureau of Prison's restrictive
housing policies for pregnant women.
Being incarcerated should not strip these expectant mothers of their
dignity.
Mr. Speaker, I strongly support passage of this legislation and thank
Congresswoman--and future mayor--Karen Bass for her leadership on this
issue.
Mr. FITZGERALD. Mr. Speaker, I reserve the balance of my time.
Mr. NADLER. Mr. Speaker, I yield 2 minutes to the distinguished
gentlewoman from Florida (Ms. Lois Frankel).
Ms. LOIS FRANKEL of Florida. Mr. Speaker, I thank our distinguished
Judiciary Committee chairman and Representative Karen Bass for their
leadership on this bill.
Mr. Speaker, all of our children should have the opportunity to
thrive. Getting them off to a good start in life is critical for their
well-being, as well as for society as a whole. That is why prenatal
care and safety for pregnant women are so important. It lowers the risk
of complications that can affect the ability of a child to thrive and
can have far-reaching impacts on their future.
Alarmingly, recent reports indicate that Federal prisons are not
aligned with national guidance for the treatment of pregnant women, and
in extreme cases, Mr. Speaker, women have been shackled to their beds
during and after childbirth.
I think we can all agree that children should not be punished for
their mother's mistakes or misdeeds. The Pregnant Women in Custody Act
will strengthen and promote the health and safety of pregnant inmates,
providing a national standard of care allowing children to have the
opportunities they deserve.
Mr. Speaker, I urge passage of the bill.
Mr. FITZGERALD. Mr. Speaker, I urge my colleagues to support this
bill, and I yield back the balance of my time.
Mr. NADLER. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, H.R. 6878 is bipartisan legislation that would support
the health and safety of women in Federal custody by establishing a
national standard of care and prohibiting the use of restrictive
housing for incarcerated pregnant women.
Mr. Speaker, I urge all of my colleagues to support this important
legislation. I also want to take this opportunity to express my dual
feelings--on the one hand, the sponsor of this legislation, Ms. Bass of
California, will no
[[Page H8693]]
longer be with us in the next Congress, which is, on that level,
unfortunate. On the other hand, the reason she won't be with us is
because she is the mayor-elect of Los Angeles, and that is not
unfortunate. I am very happy about that, but I have mixed feelings
because we won't be seeing her here again.
Mr. Speaker, I urge all of my colleagues to support this important
legislation, and I yield back the balance of my time.
Ms. LEE of California. Mr. Speaker, I rise today in support of H.R.
6878, the Protecting the Health and Wellness of Babies and Pregnant
Women in Custody Act of 2022. I am proud to support this bill and thank
my good friend and colleague Congresswoman Bass for her leadership. I
also thank the Speaker and Chairman Nadler for bringing this bill to
the floor.
Our prison system was not designed with the medical needs of women
and pregnant people in mind. This holds especially true for women and
pregnant people of color, who are often subjected to harsher treatment
at more frequent rates.
This bill moves us in the right direction by establishing safeguards
for incarcerated pregnant and postpartum individuals and their children
by guaranteeing access to essential prenatal and post-delivery support.
As a champion of reproductive and women's rights, I hope to continue
joining my colleagues on a bipartisan basis to ensure incarcerated
women and pregnant people have the right to access the quality health
services they deserve.
I urge my colleagues to vote `yes' on this bill.
The SPEAKER pro tempore. All time for debate has expired.
amendment no. 1 offered by ms. lois frankel of florida
The SPEAKER pro tempore. It is now in order to consider amendment No.
1 printed in part D of House Report 117-587.
Ms. LOIS FRANKEL of Florida. Mr. Speaker, I rise as the designee for
the gentlewoman of Massachusetts (Ms. Pressley), who is a great
advocate for justice and women. I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 13, line 7, strike ``and''.
Page 13, line 10, strike the period and insert ``; and''.
Page 13, after line 10, insert the following:
(iii) postpartum health conditions.
The SPEAKER pro tempore. Pursuant to House Resolution 1499, the
gentlewoman from Florida (Ms. Lois Frankel) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentlewoman from Florida.
Ms. LOIS FRANKEL of Florida. Mr. Speaker, this amendment makes one
addition to the bill to ensure that incarcerated women have access to
essential postpartum healthcare and support.
The Pregnant Women in Custody Act includes a provision related to
women who give birth while in custody or immediately prior to
incarceration. This provision requires that women be given access to
counseling services related to parental rights and family preservation.
The amendment will add an additional component to ensure women also
receive counseling services related to postpartum care because we know
that women are physically and emotionally vulnerable after giving
birth.
This addition to the bill will help women navigate that often complex
and difficult time period and ensure adequate access to healthcare.
Mr. Speaker, I urge my colleagues to support this amendment, and I
reserve the balance of my time.
Mr. FITZGERALD. Mr. Speaker, I claim the time in opposition to the
amendment, although I am not opposed.
The SPEAKER pro tempore. Without objection, the gentleman from
Wisconsin is recognized for 5 minutes.
There was no objection.
Mr. FITZGERALD. Mr. Speaker, this amendment allows certain women in
Federal custody to receive counseling related to postpartum health
conditions. Postpartum women in Federal custody will be eligible to
receive counseling services related to postpartum health conditions.
After giving birth, many women struggle with postpartum depression
and other psychological and physical conditions. This amendment will
ensure that women in Federal custody have access to these services.
While many of us have concerns with some of the other language in the
bill, this amendment is a commonsense amendment.
Mr. Speaker, I urge support for the amendment, and I yield back the
balance of my time.
{time} 1330
Ms. LOIS FRANKEL of Florida. Mr. Speaker, I yield myself the balance
of my time.
Mr. Speaker, it really pleases me that we have this very good
bipartisan legislation; and I know it is probably heartening to the
citizens of our country that we can come together on important matters.
This is about the children. This is about getting children off to a
good start so that they can thrive; so they can have opportunities for
success; and there is nothing more important, really, than having good
caregivers, their parents, especially their mom, who gives birth.
This amendment will make sure that women who have been incarcerated
get the postpartum care that they need and that their children deserve.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to the rule, the previous question
is ordered on the the bill and on the amendment offered by the
gentlewoman from Florida (Ms. Lois Frankel).
The question is on the amendment offered by the gentlewoman from
Florida (Ms. Lois Frankel).
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. FITZGERALD. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
____________________