,i #aafth ,,congress #ast ,session ,h4 ,r4 #cefc ,,in ,,the ,,house ,,of ,,representatives ,june #bg1 #bjai ,ms4 ,garcia of ,texas 7for herself1 ,mrs4 ,carolyn ,b4 ,maloney of ,new ,york1 ,ms4 ,norton1 ,mr4 ,espaillat1 ,mrs4 ,kirkpatrick1 ,mr4 ,carson of ,indiana1 ,mr4 ,grijalva1 ,ms4 ,escobar1 ,mr4 ,crdenas1 ,mr4 ,vargas1 ,ms4 ,shalala1 ,ms4 ,schakowsky1 ,ms4 ,wasserman ,schultz1 ,mr4 ,blumenauer1 ,ms4 ,kaptur1 ,mrs4 ,napolitano1 ,mr4 ,johnson of ,georgia1 ,ms4 ,moore1 ,mr4 ,rush1 ,ms4 ,adams1 ,ms4 ,tlaib1 ,ms4 ,meng1 ,mr4 ,garca of ,illinois1 ,mr4 ,gonzalez of ,texas1 ,mr4 ,nadler1 ,mr4 ,mc,govern1 ,ms4 ,de,gette1 ,ms4 ,de,lauro1 ,mr4 ,hastings1 ,ms4 ,haaland1 ,ms4 ,velzquez1 ,mr4 ,cisneros1 ,mr4 ,pocan1 and ,ms4 ,ocasio-,cortez7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to ensure the humane treatment of pregnant women by reinstating the presumption of release and prohibiting shackling1 restraining1 and other inhumane treatment of pregnant detainees1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stop ,shackling and ,detaining ,pregnant ,women ,act4 #b4 ,limitation on detention of pregnant women and mothers of newborns 7a7 ,presumption of release 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,secretary-- 7,a7 shall not detain a person under any provision of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 during pregnancy or postpartum recovery1 pending a decision with respect to whether the person is to be removed from the ,united ,states2 and 7,b7 shall immediately release any detainee found to be pregnant4 7#b7 ,exceptions ,the ,secretary may detain pursuant to the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 a person during pregnancy or postpartum recovery under extraordinary circumstances in which the ,secretary makes an individualized determination that credible1 reasonable grounds exist to believe that the person presents an immediate and serious threat of hurting herself or others4 7#c7 ,removal ,in a case in which detention is the least restrictive means of effectuating the removal from the ,united ,states of a pregnant person who is the subject of a final order of deportation or removal1 the ,secretary may1 solely for the purpose of such removal1 detain the pregnant person for a period that is-- 7,a7 the shortest possible period immediately preceding the removal of the person from the ,united ,states2 and 7,b7 not more than #e days4 7b7 ,weekly review required 7#a7 ,in general ,with respect to a detainee detained under paragraph 7#b7 of subsection 7a71 not less frequently than once each week1 the ,secretary shall conduct an individualized review to determine whether the detainee continues to be subject to detention under that paragraph4 7#b7 ,release ,in the case of a determination under paragraph 7#a7 that a pregnant detainee is not subject to detention under subsection 7a77#b71 not later than #a day after the date on which the ,secretary makes the determination1 the ,secretary shall release the detainee4 #c4 ,humane treatment of pregnant women while in detention 7a7 ,prohibition on restraint of pregnant detainees 7#a7 ,prohibition ,except as provided in paragraph 7#b71 a detention facility shall not use a restraint on a detainee-- 7,a7 known to be pregnant1 including during-- 7i7 labor2 7ii7 transport to a medical facility or birthing center2 and 7iii7 delivery2 or 7,b7 during postpartum recovery4 7#b7 ,use of restraints for medical purposes and in extraordinary circumstances 7,a7 ,in general ,notwithstanding paragraph 7#a71 subject to subparagraph 7,b71 use of a restraint on a detainee described in paragraph 7#a7 may be permitted only-- 7i7 for a medical purpose if the lead medical staff of the detention facility who is a licensed health care provider has ordered the use of the restraint for the medical purpose2 or 7ii7 in an extraordinary circumstance1 except for a medical purpose1 in which the facility administrator has ordered the use of the restraint after making an individualized determination that-- 7,i7 credible1 reasonable grounds exist to believe the detainee presents an immediate and serious threat of hurting staff or others2 or 7,,ii7 reasonable grounds exist to believe the detainee presents an immediate and credible risk of escape that cannot be reasonably minimized through any other method4 7,b7 ,requirement for least restrictive restraints ,in the rare event of an extraordinary circumstance described in subparagraph 7,a77ii71 only the least restrictive restraint necessary shall be used1 except that-- 7i7 if a doctor1 nurse1 or other health professional treating a detainee described in paragraph 7#a7 requests that a restraint not be used1 the detention officer accompanying the detainee shall immediately remove any restraint2 7ii7 under no circumstance shall a leg1 waist1 or four-point restraint be used2 7iii7 under no circumstance shall a wrist restraint be used to bind the hands of a detainee described in paragraph 7#a7 behind her back or to another person2 and 7iv7 under no circumstance shall any restraint be used on any detainee who is in labor or delivery4 7#c7 ,record of extraordinary circumstances 7,a7 ,requirements ,if a restraint is used on a detainee pursuant to paragraph 7#b77;,a71 not later than #e days after the date on which the restraint was used1 the facility administrator shall-- 7i7 make a written finding that describes the extraordinary circumstance that dictated the use of the restraint2 and 7ii7 submit the finding to the ,director4 7,b7 ,retention 7i7 ,detention facility ,with respect to a written finding under subparagraph 7,a77i71 the facility administrator shall-- 7,i7 keep the finding on file at the applicable detention facility for not less than #e years after the date on which the restraint was used2 and 7,,ii7 shall make the finding available for public inspection4 7ii7 ,immigration and ,customs ,enforcement ,with respect to a written finding submitted to the ,director under subparagraph 7,a77ii71 the ,director shall maintain the written finding and make the finding available for public inspection4 7iii7 ,privacy ,with respect to a written finding made available for public inspection under clause 7i7 or 7ii71 the individually identifying information of a detainee shall not be made available for public inspection without the prior written consent of the detainee4 7b7 ,prohibition on presence of detention officers 7#a7 ,in general ,except as provided in paragraph 7#b71 no detention officer shall be present in the room during a pelvic exam1 labor1 delivery1 or treatment of any other symptom relating to a pregnancy of a detainee1 unless specifically requested by medical personnel4 7#b7 ,exception ,if the presence of a detention officer is requested by medical personnel1 the detention officer shall-- 7,a7 be female1 if practicable2 and 7,b7 remain at a reasonable distance from the detainee and toward her head to protect her privacy4 7#c7 ,use of restraints ,if a restraint is used on a detainee pursuant to subsection 7a77#b77;,a71 a detention officer shall remain immediately outside the room at all times so that the officer may promptly remove the restraint if requested by medical personnel1 as required by subsection 7a77#b77;,b77i74 7c7 ,access to services ,a pregnant detainee shall have access to health care services1 including comprehensive services relating to reproductive health care and pregnancy1 including-- 7#a7 routine or specialized prenatal care2 7#b7 comprehensive counseling and assistance2 7#c7 postpartum follow-up2 7#d7 lactation services2 and 7#e7 abortion services4 #d4 ,reporting2 rulemaking 7a7 ,reports 7#a7 ,reports by facility administrators ,not later than #cj days after the end of each quarter of a fiscal year1 the facility administrator of each detention facility that detained a pregnant detainee during the quarter shall submit to the ,secretary a written report that includes1 with respect to the quarter1 the following3 7,a7 ,an account of every instance of the use of a restraint on a pregnant detainee1 including the justification for such restraint and the name of the facility administrator who made the individualized determination under section #c7;a77#b77;,a77ii74 7,b7 ,the number of pregnant detainees held at the facility4 7,c7 ,the average length of detention of pregnant detainees4 7,d7 ,the number of pregnant detainees detained longer than #ae days4 7,e7 ,the number of pregnant detainees detained longer than #cj days4 7#b7 ,audit and reports by ,secretary ,not later than #ij days after the end of each fiscal year1 the ,secretary shall-- 7,a7 complete an audit of the information submitted under subparagraphs 7,b7 through 7,e7 of paragraph 7#a72 and 7,b7 submit to the appropriate committees of ,congress a report that includes all of the information submitted to the ,secretary under paragraph 7#a71 disaggregated by facility4 7#c7 ,privacy ,a report submitted under this subsection shall not contain the individually identifying information of any detainee4 7#d7 ,public inspection 7,a7 ,in general ,except as provided in subparagraph 7,b71 a report submitted under this subsection shall be made available for public inspection4 7,b7 ,facility administrator ,a report submitted under this subsection that is made available for public inspection shall not contain the name of the facility administrator otherwise included under paragraph 7#a77;,a74 7b7 ,rulemaking ,the ,secretary and the ,attorney ,general shall adopt regulations or policies to carry out this ,act at every detention facility4 #e4 ,definitions ,in this ,act3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,detainee ,the term detainee includes any adult or juvenile person detained by any ,federal1 ,state1 or local law enforcement agency 7including under contract or agreement with such agency7 under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7#c7 ,detention facility ,the term detention facility means a ,federal1 ,state1 or local government facility1 or a privately owned and operated facility1 that is used1 in whole or in part1 to hold individuals under the authority of the ,director of ,u4,s4 ,immigration and ,customs ,enforcement or the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 including a facility that-- 7,a7 holds such individuals under a contract or agreement with the ,director or ,commissioner2 or 7,b7 is used1 in whole or in part1 to hold individuals pursuant to an immigration detainer or similar request4 7#d7 ,detention officer ,the term detention officer means an individual who works at a detention facility1 including an individual who works at a detention facility pursuant to contract or subcontract4 7#e7 ,director ,the term ,director means the ,director of ,u4,s4 ,immigration and ,customs ,enforcement4 7#f7 ,facility administrator ,the term facility administrator means the official who is responsible for oversight of a detention facility or the designee of such official4 7#g7 ,postpartum recovery ,the term postpartum recovery means the #f-week period1 or longer1 as determined by the licensed health care provider of a person1 following delivery1 including the entire period during which the person is in a medical facility1 birthing center1 or infirmary after birth4 7#h7 ,restraint ,the term restraint means any physical restraint or mechanical device used to control the movement of the body or limbs of a detainee's body1 including-- 7,a7 flex cuffs2 7,b7 soft restraints2 7,c7 hard metal handcuffs2 7,d7 a black box2 7,e7 ,chubb cuffs2 7,f7 leg irons2 7,g7 belly chains2 7,h7 a security 7tether7 chain2 and 7,i7 a convex shield4 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4