H.R. 8690

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8690 Introduced in House (IH)]

<DOC>

119th CONGRESS
2d Session
H. R. 8690

To address the health needs of incarcerated women related to pregnancy 
and childbirth, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 7, 2026

Ms. Kamlager-Dove (for herself, Mr. Johnson of Georgia, Ms. Norton, Ms. 
Brownley, Ms. Simon, Mrs. Ramirez, Mr. Davis of Illinois, and Ms. 
Sewell) introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committees on the 
Budget, and Homeland Security, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

A BILL

To address the health needs of incarcerated women related to pregnancy 
and childbirth, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Pregnant Women in Custody Act''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Covered facility.--The term ``covered facility'' means 
a--
(A) Bureau of Prisons facility;
(B) facility of the U.S. Customs and Border 
Protection or the U.S. Immigration and Customs 
Enforcement; or
(C) shelter of the Office of Refugee Resettlement 
of the Department of Health and Human Services.
(2) In custody.--The term ``in custody'', with respect to 
an individual, means that the individual--
(A) 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;
(B) in the custody of the U.S. Customs and Border 
Protection; or
(C) incarcerated, detained, or sheltered by the 
U.S. Immigration and Customs Enforcement or the Office 
of Refugee Resettlement of the Department of Health and 
Human Services.
(3) Other pregnancy outcome.--The term ``other pregnancy 
outcome'' means a pregnancy that ends in stillbirth, 
miscarriage, or ectopic pregnancy.
(4) 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.
(5) Restraints.--The term ``restraints'' means any physical 
or mechanical device used to control the movement of an in 
custody pregnant woman's body, limbs, or both.
(6) 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) In Custody Pregnant Women.--Beginning not later than 1 year 
after the date of enactment of this Act, the Director of the Office of 
Homeland Security Statistics and the Director of the Office of Refugee 
Resettlement shall publish on the internet website of the Department of 
Homeland Security and the Department of Health and Human Services, as 
applicable, the statistics relating to the health needs of pregnant 
women in custody of the Secretary of Homeland Security or the Secretary 
of Health and Human Services, as applicable.
(c) 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. FAMILY UNITY.

(a) In General.--The Director of the Bureau of Prisons, Secretary 
of Homeland Security, or the Director of the Office of Refugee 
Resettlement, as applicable, shall ensure that appropriate nursery or 
residential services and programs, as described in subsection (b), are 
provided to women in custody. The warden of each covered facility that 
houses women shall ensure that these services and programs are 
implemented for women in custody at that facility.
(b) Nursery or Residential Services and Programs.--The services and 
programs described in this subsection are the following:
(1) Programs that enable a mother and infant to remain 
together after delivery.
(2) Programs that permit regular mother-infant contact 
periods based on the mother's request.
(3) Programs that provide lactation support, including:
(A) lactation counseling sessions;
(B) physical tools and equipment to assist with 
lactation; and
(C) any other support recommended by a physician 
attending the woman in custody.
(c) Requirement.--The Director of the Bureau of Prisons, Secretary 
of Homeland Security, or the Director of the Office of Refugee 
Resettlement, as applicable, shall ensure a minimum bonding time of 60 
minutes between a mother and newborn.

SEC. 5. CARE FOR FEDERALLY INCARCERATED WOMEN RELATED TO PREGNANCY AND 
CHILDBIRTH.

(a) In General.--The Director of the Bureau of Prisons, Secretary 
of Homeland Security, or the Director of the Office of Refugee 
Resettlement, as applicable, 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 covered 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, 
Secretary of Homeland Security, or the Director of the Office 
of Refugee Resettlement, as applicable, 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 covered 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, 
Secretary of Homeland Security, 
or the Director of the Office 
of Refugee Resettlement, as 
applicable, 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, Secretary of Homeland Security, or the 
Director of the Office of Refugee Resettlement, 
as applicable, 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 official of a covered facility 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;
(ii) information about family preservation 
support services that are available to the 
woman; and
(iii) postpartum health conditions.
(4) Evaluations.--
(A) In general.--Each woman in custody who is 
pregnant or whose pregnancy results in a birth or any 
other pregnancy outcome during the 6-month period 
immediately preceding intake or any time in custody 
thereafter shall be evaluated as soon as practicable 
after intake or confirmation of pregnancy through 
evidence-based screening and assessment for substance 
use disorders or mental health conditions, including 
postpartum depression or depression related to 
pregnancy, birth, or any other pregnancy outcome or 
early child care.
(B) Risk factors.--Screening under subparagraph (A) 
shall include identification of any of the following 
risk factors:
(i) An existing mental or physical health 
condition or substance use disorder.
(ii) Being underweight or overweight.
(iii) Multiple births or a previous still 
birth.
(iv) A history of preeclampsia.
(v) A previous Caesarean section.
(vi) A previous miscarriage.
(vii) Being older than 35 or younger than 
15.
(viii) Being diagnosed with the human 
immunodeficiency virus, hepatitis, diabetes, or 
hypertension.
(ix) Such other risk factors as the chief 
health care professional of the Bureau of 
Prisons facility that houses the woman may 
determine to be appropriate.
(5) Unexpected births rulemaking.--The Director of the 
Bureau of Prisons, Secretary of Homeland Security, or the 
Director of the Office of Refugee Resettlement, as applicable, 
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.
(c) Civil Action.--Any person injured by a violation of this 
section may bring a civil action in a United States district court 
against the Director of the Bureau of Prisons, Secretary of Homeland 
Security, or the Director of the Office of Refugee Resettlement, as 
applicable, to obtain compensatory damages and injunctive relief or 
other equitable relief.

SEC. 6. 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 or, longer as determined by a healthcare professional 
responsible for the health and safety of the 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 or be shackled or restrained during pregnancy, labor, or 
delivery.
``(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) Civil Action.--Any person injured by a violation of this 
section may bring a civil action in a United States district court 
against the Director of the Bureau of Prisons or the Director of the 
United States Marshals Service, as applicable, to obtain compensatory 
damages and injunctive relief or other equitable relief.
``(j) 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. 7. USE OF RESTRICTIVE HOUSING ON INCARCERATED PREGNANT WOMEN 
DURING PREGNANCY, LABOR, AND POSTPARTUM RECOVERY 
PROHIBITED IN THE CUSTODY OF SECRETARY OF HOMELAND 
SECURITY.

Chapter 9 of title II of the Immigration and Nationality Act (8 
U.S.C. 1351 et seq.) is amended by adding at the end the following:

``SEC. 295. 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 or longer as determined by the healthcare professional 
responsible for the health and safety of the woman in the custody of 
the U.S. Customs and Border Protection or incarcerated, detained, or 
sheltered by the U.S. Immigration and Customs Enforcement or the Office 
of Refugee Resettlement of the Department of Health and Human Service, 
shall not be held in restrictive housing or be shackled or restrained 
during pregnancy, labor, or delivery.
``(b) Exceptions.--
``(1) Restrictive housing.--Subject to paragraph (4), the 
prohibition under subsection (a) relating to restrictive 
housing shall not apply if the 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 a 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 a woman to less restrictive housing 
within a reasonable amount of time.
``(4) Prohibition on solitary confinement.--An 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 a woman is placed in restrictive 
housing under subsection (b), the applicable official 
identified in subsection (b)(1) shall submit 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 
Secretary of Homeland Security and the Secretary of Health and 
Human Services 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 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 a woman by a health care professional, that woman 
shall be notified, orally and in writing, by the health care 
professional, as applicable--
``(1) of the restrictions on the use of restrictive housing 
placements under this section;
``(2) of the right of the 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 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 
Secretary of Homeland Security and the Secretary of Health and Human 
Services shall establish processes through which an incarcerated person 
may report a violation of this section.
``(f) Notification of Rights.--The warden of a facility where a 
pregnant woman is in custody shall notify necessary facility staff of 
the pregnancy and of the rights of the pregnant woman under subsection 
(a).
``(g) Retaliation.--It shall be unlawful for any employee of a 
facility where a pregnant woman is in custody to retaliate against a 
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 Secretary of 
Homeland Security and the Secretary of Health and Human Services shall 
each--
``(1) develop education guidelines regarding the physical 
and mental health needs of in custody pregnant women, and the 
use of restrictive housing placements on women during the 
period of pregnancy, labor, and postpartum recovery; and
``(2) incorporate such guidelines into appropriate 
education programs.
``(i) Civil Action.--Any person injured by a violation of this 
section may bring a civil action in a United States district court 
against the Secretary of Homeland Security and the Secretary of Health 
and Human Services, as applicable, to obtain compensatory damages and 
injunctive relief or other equitable relief.
``(j) 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.''.

SEC. 8. 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) Civil Action.--Any person injured by a violation of this 
section may bring a civil action in a United States district court 
against the Director of the Bureau of Prisons to obtain compensatory 
damages and injunctive relief or other equitable relief.
``(d) Definitions.--In this section:
``(1) Health care professional.--The term `health care 
professional' means--
``(A) a doctor of medicine or osteopathy who is 
authorized to diagnose and treat physical or mental 
health conditions under the laws of the State in which 
the doctor practices and where the facility is located;
``(B) any physician's assistant or nurse 
practitioner who is supervised by a doctor of medicine 
or osteopathy described in subparagraph (A); or
``(C) any other person determined by the Director 
of the Bureau of Prisons to be capable of providing 
health care services.
``(2) High-risk pregnancy.--The term `high-risk pregnancy' 
means, with respect to an incarcerated woman, that the 
pregnancy threatens the health or life of the woman or 
pregnancy, as determined by a health care professional.
``(3) Postpartum recovery.--The term `postpartum recovery' 
means the 3-month period beginning on the date on which an 
incarcerated pregnant woman gives birth, or longer as 
determined by a health care professional following delivery, 
and shall include the entire period that the incarcerated 
pregnant woman is in the hospital or infirmary.
``(4) Residential reentry center.--The term `Residential 
Reentry Center' means a Bureau of Prisons contracted 
residential reentry center.''.
(b) Conforming Amendment.--The table of sections for chapter 303 of 
title 18, United States Code, is amended by adding at the end the 
following:

``4052. Treatment of incarcerated pregnant women.''.

SEC. 9. REPORTING REQUIREMENT REGARDING CLAIMS FILED BY PREGNANT 
INMATES.

The Director of the 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. 10. EDUCATION AND TECHNICAL ASSISTANCE.

(a) National Institute of Corrections.--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.
(b) Secretary of Homeland Security.--The Secretary of Homeland 
Security and Secretary of Health and Human Services shall provide the 
education and technical assistance described in subsection (a) to 
relevant facilities that house women in custody of the U.S. Customs and 
Border Protection or incarcerated, detained, or sheltered by the U.S. 
Immigration and Customs Enforcement or the Office of Refugee 
Resettlement of the Department of Health and Human Services.

SEC. 11. 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 training 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) Detention facilities.--The Secretary of Homeland 
Security and Secretary of Health and Human Services, as 
applicable, shall develop guidelines on the treatment of women 
in the custody of U.S. Customs and Border Protection, U.S. 
Immigration and Customs Enforcement, or Office of Refugee 
Resettlement of the Department of Health and Human during 
pregnancy, labor, and postpartum recovery and incorporate such 
guidelines in the training required under this section.
(3) Contents.--The guidelines developed under paragraphs 
(1) and (2) 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.
(d) Detention Facilities.--The Secretary of Homeland Security shall 
take such actions as necessary to ensure that equivalent training as 
the training described under subsection (a) shall be provided to 
employees of a covered facility that houses women.

SEC. 12. 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 
a covered facility and 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. 13. 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.
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