#aafth ,,congress #b;d ,session ,h4 ,r4 #ggah ,,an ,,act ,to address the health needs of incarcerated women related to pregnancy and childbirth1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protecting the ,health and ,wellness of ,babies and ,pregnant ,women in ,custody ,act4 #b4 ,data collection 7a7 ,in general ,beginning not later than #a year after the date of the enactment of this ,act1 pursuant to the authority under section #cjb of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajacb71 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 ,federal1 ,state1 tribal1 and local levels1 including-- 7#a7 demographic and other information about incarcerated women who are pregnant1 in labor1 or in postpartum recovery1 including the race1 ethnicity1 and age of the pregnant woman2 7#b7 the provision of pregnancy care and services provided for such women1 including-- 7,a7 whether prenatal1 delivery1 and post-delivery check-up visits were scheduled and provided2 7,b7 whether a social worker1 psychologist1 doula or other support person1 or pregnancy or parenting program was offered and provided during pregnancy and delivery2 7,c7 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 provided2 7,d7 the number of days the mother stayed in the hospital post-delivery2 7,e7 the number of days the infant remained with the mother post-delivery2 and 7,f7 the number of days the infant remained in the hospital after the mother was discharged2 7#c7 the location of the nearest hospital with a licensed obstetrician-gynecologist in proximity to where the inmate is housed and the length of travel required to transport the inmate2 7#d7 whether a written policy or protocol is in place to respond to unexpected childbirth1 labor1 deliveries1 and medical complications related to the pregnancies of incarcerated pregnant women and for incarcerated pregnant women experiencing labor or medical complications related to pregnancy outside of a hospital2 7#e7 the number of incarcerated women who are determined by a health care professional to have a high-risk pregnancy2 7#f7 the total number of incarcerated pregnant women and the number of incarcerated women who became pregnant while incarcerated2 7#g7 the number of incidents in which an incarcerated woman who is pregnant1 in labor1 or in postpartum recovery is placed in restrictive housing1 the reason for such restriction or placement1 and the circumstances under which each incident occurred1 including the duration of time in restrictive housing1 during-- 7,a7 pregnancy2 7,b7 labor2 7,c7 delivery2 7,d7 postpartum recovery2 and 7,e7 the #f-month period after delivery2 and 7#h7 the disposition of the custody of the infant post-delivery4 7b7 ,personally identifiable information ,data collected under this paragraph may not contain any personally identifiable information of any incarcerated pregnant woman4 #c4 ,care for federally incarcerated women related to pregnancy and childbirth 7a7 ,in general ,the ,director of the ,bureau of ,prisons shall ensure that appropriate services and programs are provided to women in custody1 to address the health and safety needs of such women related to pregnancy and childbirth4 ,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 facility4 7b7 ,services and programs provided ,the ,director of the ,bureau of ,prisons shall ensure that the following services and programs are available to women in custody3 7#a7 ,access to complete appropriate health services for the life cycle of women ,the ,director of the ,bureau of ,prisons shall provide to each woman in custody who is of reproductive age pregnancy testing1 contraception1 and testing for sexually transmitted diseases and provide each woman with the option to decline such services4 7#b7 ,compliance with protocols relating to health of a pregnant woman ,on confirmation of the pregnancy of a woman in custody by clinical diagnostics and assessment1 the chief health care professional of a ,bureau of ,prisons facility that houses women shall ensure that a summary of all appropriate protocols directly pertaining to the safety and well-being of the woman are provided to the woman and that such protocols are complied with1 including an assessment of undue safety risks and necessary changes to accommodate the woman where and when appropriate1 as it relates to-- 7,a7 housing or transfer to a lower bunk for safety reasons2 7,b7 appropriate bedding or clothing to respond to a woman's changing physical requirements and the temperature in housing units2 7,c7 regular access to water and bathrooms2 7,d7 a diet that complies with the nutritional standards established by the ,secretary of ,agriculture and the ,secretary of ,health and ,human ,services in the ,dietary ,guidelines for ,americans report published pursuant to section #cja of the ,national ,nutrition ,monitoring and ,related ,research ,act of #aiij 7#g ,u4,s4,c4 #ecda7;a77#c771 and that includes-- 7i7 any appropriate dietary supplement1 including prenatal vitamins2 7ii7 timely and regular nutritious meals2 7iii7 additional caloric content in meals provided2 7iv7 a prohibition on withholding food from an incarcerated pregnant woman or serving any food that is used as a punishment1 including nutraloaf or any food similar to nutraloaf that is not considered a nutritious meal2 and 7v7 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 provide2 7,e7 modified recreation and transportation1 in accordance with standards within the obstetrical and gynecological care community1 to prevent overexertion or prolonged periods of inactivity2 and 7,f7 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 provide4 7#c7 ,education and support services 7,a7 ,pregnancy in custody ,in the case of a woman who is pregnant at intake or who becomes pregnant while in custody1 that woman shall1 at intake or not later than #dh hours after pregnancy is confirmed1 as appropriate1 receive prenatal education1 counseling1 and birth support services provided by a provider trained to provide such services1 including-- 7i7 information about the parental rights of the woman1 including the right to place the child in kinship care1 and notice of the rights of the child2 7ii7 information about family preservation support services that are available to the woman2 7iii7 information about the nutritional standards referred to in paragraph 7#b77;,d72 7iv7 information pertaining to the health and safety risks of pregnancy1 childbirth1 and parenting1 including postpartum depression2 7v7 information on breastfeeding1 lactation1 and breast health2 7vi7 appropriate educational materials1 resources1 and services related to pregnancy1 childbirth1 and parenting2 7vii7 information and notification services for incarcerated parents regarding the risk of debt repayment obligations associated with their child's participation in social welfare programs1 including assistance under any ,state program funded under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq47 or benefits under the supplemental nutrition assistance program1 as defined in section #c of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjab71 or any ,state program carried out under that ,act2 and 7viii7 information from the ,office of ,child ,support ,enforcement of the ,department of ,health and ,human ,services regarding seeking or modifying child support while incarcerated1 including how to participate in the ,bureau of ,prison's ,inmate ,financial ,responsibility ,program under subpart ,b of title #bh1 ,code of ,federal ,regulations 7or any successor program74 7,b7 ,birth while in custody or prior to custody ,in the case of a woman who gave birth in custody or who experienced any other pregnancy outcome during the #f-month period immediately preceding intake1 that woman shall receive counseling provided by a licensed or certified provider trained to provide such services1 including-- 7i7 information about the parental rights of the woman1 including the right to place the child in kinship care1 and notice of the rights of the child2 and 7ii7 information about family preservation support services that are available to the woman4 7#d7 ,testing ,not later than #a day after an incarcerated woman notifies an employee of the ,bureau of ,prisons that the woman may be pregnant1 a ,bureau of ,prisons healthcare care professional shall administer a pregnancy test to determine whether the woman is pregnant4 7#e7 ,evaluations ,each woman in custody who is pregnant or whose pregnancy results in a birth or any other pregnancy outcome during the #f-month period immediately preceding intake or any time in custody thereafter shall be evaluated not later than #d days after intake or confirmation of pregnancy through evidence-based screening and assessment for substance use disorders or mental health conditions1 including postpartum depression or depression related to a pregnancy outcome or early child care4 ,screening shall include identification of any of the following risk factors3 7,a7 ,an existing mental or physical health condition or substance use disorder4 7,b7 ,being underweight or overweight4 7,c7 ,multiple births or a previous still birth4 7,d7 ,a history of preeclampsia4 7,e7 ,a previous ,caesarean section4 7,f7 ,a previous miscarriage4 7,g7 ,being older than #ce or younger than #ae4 7,h7 ,being diagnosed with the human immunodeficiency virus1 hepatitis1 diabetes1 or hypertension4 7,i7 ,such other risk factors as the chief health care professional of a ,bureau of ,prisons facility that houses women may determine to be appropriate4 7#f7 ,unexpected births rulemaking ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general shall make rules establishing procedures for responding to unexpected childbirth deliveries1 labor complications1 and medical complications related to pregnancy if a woman in custody is unable to access a hospital in a timely manner4 7#g7 ,treatment ,in the case of any woman in custody who1 after an evaluation under paragraph 7#d71 is diagnosed as having a substance use disorder or a mental health disorder1 that woman shall be entitled to treatment in accordance with the following3 7,a7 ,treatment shall include participation in a support group1 including a #ab-step program1 such as ,alcoholics ,anonymous1 ,narcotics ,anonymous1 and ,cocaine ,anonymous or a comparable nonreligious program4 7,b7 ,treatment may include psychosocial interventions and medication4 7,c7 ,in the case that adequate treatment cannot be provided to a woman in custody in a ,bureau of ,prisons facility1 the ,director of the ,bureau of ,prisons shall transfer the woman to a residential reentry program that offers such treatment pursuant to section #ejh of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;bb-#a74 7,d7 ,to the extent practicable1 treatment for substance use disorders provided pursuant to this section shall be conducted in a licensed hospital4 #d4 ,use of restrictive housing and restraints on incarcerated pregnant women during pregnancy1 labor1 and postpartum recovery prohibited 7a7 ,in general ,section #dcbb of title #ah1 ,united ,states ,code1 is amended to read as follows3 #dcbb4 ,use of restraints and restrictive housing on incarcerated women during the period of pregnancy1 labor1 and postpartum recovery prohibited and to improve pregnancy care for women in ,federal prisons 7a7 ,prohibition ,except as provided in subsection 7b71 beginning on the date on which pregnancy is confirmed by a health care professional and ending not earlier than #ab weeks after delivery1 an incarcerated woman in the custody of the ,bureau of ,prisons1 or in the custody of the ,united ,states ,marshals ,service pursuant to section #djhf1 shall not be placed in restraints or held in restrictive housing4 7b7 ,exceptions 7#a7 ,use of restraints ,the prohibition under subsection 7a7 shall not apply if the senior ,bureau of ,prisons official or ,united ,states ,marshals ,service official overseeing women's health and services and a health care professional responsible for the health and safety of the incarcerated woman determines that the use of restraints is appropriate for the medical safety of the woman1 and the health care professional reviews such determination not later than every #f hours after such use is initially approved until such use is terminated4 7#b7 ,situational use ,the individualized determination described under paragraph 7#a7 shall only apply to a specific situation and must be reaffirmed through the same process to use restraints again in any future situation involving the same woman4 7#c7 ,access to care ,immediately upon the cessation of the use of restraints or restrictive housing as outlined in this subsection1 the ,director of the ,bureau of ,prisons or the ,united ,states ,marshal ,service shall provide the incarcerated woman with immediate access to physical and mental health assessments and all recommended treatment4 7#d7 ,response to behavioral risks in the ,bureau of ,prisons 7,a7 ,restrictive housing ,the prohibition under subsection 7a7 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 services1 in consultation with senior officials in health services1 makes an individualized determination that restrictive housing is required as a temporary response to behavior that poses a serious and immediate risk of physical harm4 7,b7 ,review ,the official who makes a determination under subparagraph 7,a7 shall review such determination every #d hours for the purpose of removing an incarcerated woman as quickly as feasible from restrictive housing4 7,c7 ,restrictive housing plan ,the official who makes a determination under subparagraph 7,a7 shall develop an individualized plan to move an incarcerated woman to less restrictive housing within a reasonable amount of time1 not to exceed #b days4 7,d7 ,monitoring ,an incarcerated woman who is placed in restrictive housing pursuant to this paragraph shall be-- 7i7 monitored every hour2 7ii7 placed in a location visible to correctional officers2 and 7iii7 prohibited from being placed in solitary confinement if the incarcerated woman is in her third trimester4 7c7 ,reports 7#a7 ,report to the director and health care professional after the use of restraints ,if an official identified in subsection 7b77#a7 or a correctional officer uses restraints on an incarcerated woman under subsection 7b71 that official 7or an officer or marshal designated by that official7 or correctional officer shall submit1 not later than #cj days after placing the woman in restraints1 to the ,director of the ,bureau of ,prisons or the ,director of the ,u4,s4 ,marshal ,service1 as applicable1 a written report which describes the facts and circumstances surrounding the use of restraints1 and includes each of the following3 7,a7 ,a description of all attempts to use alternative interventions and sanctions before the restraints were used4 7,b7 ,a description of the circumstances that led to the use of restraints4 7,c7 ,strategies the facility is putting in place to identify more appropriate alternative interventions should a similar situation arise again4 7#b7 ,report to ,congress ,beginning on the date that is #f months after the date of enactment of the ,protecting the ,health and ,wellness of ,babies and ,pregnant ,women in ,custody ,act1 and every #f months thereafter for a period of #aj years1 the ,attorney ,general shall submit to the ,committees on the ,judiciary of the ,house of ,representatives and the ,senate a report on-- 7,a7 the reasoning upon which the determination to use restraints was made2 7,b7 the details of the use of restraints1 including the type of restraints used and length of time during which restraints were used2 and 7,c7 any resulting physical effects on the prisoner observed by or known to the corrections official or ,united ,states ,marshal1 as applicable4 7#c7 ,report to the director and health care professional after placement in restrictive housing ,if an official identified in subsection 7b77#c71 correctional officer1 or ,united ,states ,marshal places or causes an incarcerated woman to be placed in restrictive housing under such subsection1 that official1 correctional officer1 or ,united ,states ,marshal shall submit1 not later than #cj days after placing or causing the placement of the incarcerated woman in restrictive housing1 to the ,director of the ,bureau of ,prisons or the ,director of the ,united ,states ,marshals ,service1 as applicable1 and to the health care professional responsible for the health and safety of the woman1 a written report which describes the facts and circumstances surrounding the restrictive housing placement1 and includes the following3 7,a7 ,the reasoning upon which the determination for the placement was made4 7,b7 ,the details of the placement1 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 placement4 7,c7 ,a description of all attempts to use alternative interventions and sanctions before the restrictive housing was used4 7,d7 ,any resulting physical effects on the woman observed by or reported by the health care professional responsible for the health and safety of the woman4 7,e7 ,strategies the facility is putting in place to identify more appropriate alternative interventions should a similar situation arise again4 7#d7 ,report to ,congress ,beginning on the date that is #f months after the date of enactment of the ,protecting the ,health and ,wellness of ,babies and ,pregnant ,women in ,custody ,act1 and every #f months thereafter for a period of #aj years1 the ,attorney ,general shall submit to the ,committees on the ,judiciary of the ,house of ,representatives and the ,senate a report on the information described in paragraph 7#c74 7d7 ,notice ,not later than #bd hours after the confirmation of an incarcerated woman's pregnancy by a health care professional1 that woman shall be notified1 orally and in writing1 by an appropriate health care professional1 correctional officer1 or ,united ,states ,marshal1 as applicable-- 7#a7 of the restrictions on the use of restraints and restrictive housing placements under this section2 7#b7 of the incarcerated woman's right to make a confidential report of a violation of restrictions on the use of restraints or restrictive housing placement2 and 7#c7 that the facility staff have been advised of all rights of the incarcerated woman under subsection 7a74 7e7 ,violation reporting process ,not later than #ahj days after the date of enactment of this ,act1 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 section4 7f7 ,notification of rights ,the warden of the ,bureau of ,prisons facility where a pregnant woman is in custody shall notify necessary facility staff of the pregnancy and of the incarcerated pregnant woman's rights under subsection 7a74 7g7 ,retaliation ,it shall be unlawful for any ,bureau of ,prisons or ,united ,states ,marshal ,service employee to retaliate against an incarcerated person for reporting under the provisions of subsection 7e7 a violation of subsection 7a74 7h7 ,education ,not later than #ij days after the date of enactment of the ,protecting the ,health and ,wellness of ,babies and ,pregnant ,women in ,custody ,act1 the ,director of the ,bureau of ,prisons and the ,director of the ,united ,states ,marshals ,service shall each develop education guidelines regarding the physical and mental health needs of incarcerated pregnant women1 and the use of restraints and restrictive housing placements on incarcerated women during the period of pregnancy1 labor1 and postpartum recovery1 and shall incorporate such guidelines into appropriate education programs4 7i7 ,definition ,in this section3 7#a7 ,restraints ,the term restraints means any physical or mechanical device used to control the movement of an incarcerated pregnant woman's body1 limbs1 or both4 7#b7 ,restrictive housing ,the term restrictive housing means any type of detention that involves-- 7,a7 removal from the general inmate population1 whether voluntary or involuntary2 7,b7 placement in a locked room or cell1 whether alone or with another inmate2 and 7,c7 inability to leave the room or cell for the vast majority of the day4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #cag of title #ah1 ,united ,states ,code1 is amended by amending the item relating to section #dcbb to read as follows3 #dcbb4 ,use of restraints and restrictive housing on incarcerated women during the period of pregnancy1 labor1 and postpartum recovery prohibited and to improve pregnancy care for women in ,federal prisons4 4 #e4 ,treatment of women with high-risk pregnancies 7a7 ,in general ,chapter #cjc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #djea4 ,treatment of incarcerated pregnant women 7a7 ,high-,risk pregnancy health care ,the ,director of the ,bureau of ,prisons shall ensure that each incarcerated pregnant woman receives health care appropriate for a high-risk pregnancy1 including obstetrical and gynecological care1 during pregnancy and post-partum recovery4 7b7 ,high-,risk pregnancies 7#a7 ,in general ,the ,director of the ,bureau of ,prisons shall transfer any incarcerated woman1 who is determined by a health care professional to have a high-risk pregnancy and who agrees to be transferred1 to a ,residential ,reentry ,center with adequate health care during her pregnancy and post-partum recovery4 7#b7 ,priority ,the ,residential ,reentry ,center to which an incarcerated pregnant woman is transferred pursuant to paragraph 7#a7 shall be in a geographical location that is close to the family members of the incarcerated pregnant woman4 ,in the case that a ,residential ,reentry ,center is unavailable1 the incarcerated pregnant woman shall be transferred to alternative housing1 including housing with a family member4 7#c7 ,transportation ,to transport an incarcerated pregnant woman to a ,residential ,reentry ,center1 the ,director of the ,bureau of ,prisons shall provide to the woman a mode of transportation that has been approved by the woman's health care professional1 at no expense to the woman4 7#d7 ,monitoring ,in the case that an incarcerated pregnant woman transferred to alternative housing pursuant to this section is monitored electronically1 an ankle monitor may not be used on the woman1 unless there is no feasible alternative for monitoring the woman4 7#e7 ,service of sentence ,any time accrued at a ,residential ,reentry ,center or alternative housing as a result of a transfer made pursuant to this section shall be credited toward service of the incarcerated pregnant woman's sentence4 7#f7 ,credit for pretrial custody ,in the case of an incarcerated pregnant woman1 any time accrued in pretrial custody shall be credited toward service of the woman's sentence4 7c7 ,definitions ,in this section3 7#a7 ,family member ,the term family member means any individual related by blood or affinity whose close association with the incarcerated pregnant woman is the equivalent of a family relationship1 including a parent1 sibling1 child1 or individual standing in loco parentis4 7#b7 ,residential ,reentry ,center ,the term ,residential ,reentry ,center means a ,bureau of ,prisons contracted residential reentry center4 7#c7 ,health care professional 7,a7 ,in general ,the term health care professional means-- 7i7 a doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the ,state in which the doctor practices2 7ii7 any physician's assistant or nurse practitioner who is supervised by a doctor of medicine or osteopathy described in clause 7i72 or 7iii7 any other person determined by the ,secretary to be capable of providing health care services4 7,b7 ,other health care services ,a person is capable of providing health care services if the person is-- 7i7 a podiatrist1 dentist1 clinical psychologist1 optometrist1 or chiropractor 7limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by ,x-ray to exist7 authorized to practice in the ,state and performing within the scope of their practice as defined under ,state law2 7ii7 a nurse practitioner1 nurse-midwife1 clinical social worker1 or physician's assistant who is authorized to practice under ,state law and who is performing within the scope of their practice as defined under ,state law2 and 7iii7 any health care professional from whom an employer or the employer's group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits4 7,c7 ,authorized to practice in the ,state ,the term authorized to practice in the ,state means that a professional must be authorized to diagnose and treat physical or mental health conditions under the laws of the ,state in which the professional practices and where the facility is located4 7#d7 ,high-risk pregnancy ,the term high-risk pregnancy means1 with respect to an incarcerated woman1 that the pregnancy threatens the health or life of the woman or pregnancy1 as determined by a health care professional4 7#e7 ,post-partum recovery ,the term post-partum recovery means the #c-month period beginning on the date on which an incarcerated pregnant woman gives birth4 4 7b7 ,conforming amendment ,the table of sections for chapter #cjc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #djea4 ,treatment of incarcerated pregnant women4 4 #f4 ,exemption of incarcerated pregnant women from the requirements for suits by prisoners ,section #g of the ,civil ,rights of ,institutionalized ,persons ,act 7#db ,u4,s4,c4 #aiig;e7 is amended-- 7#a7 in subsection 7a71 by inserting after the period at the end the following3 ,this subsection shall not apply with respect to an incarcerated pregnant woman who brings an action relating to or affecting the woman's pregnancy42 and 7#b7 in subsection 7d77#a71 insert 1 except an incarcerated pregnant woman1 before who is confined4 #g4 ,definitions ,in this ,act3 7#a7 ,in custody ,the term in custody means1 with respect to an individual1 that the individual is under the supervision of a ,federal1 ,state1 tribal or local correctional facility1 including pretrial and contract facilities1 and juvenile or medical or mental health facilities4 7#b7 ,other pregnancy outcome ,the term other pregnancy outcome means a pregnancy that ends in stillbirth1 miscarriage1 or ectopic pregnancy4 7#c7 ,postpartum recovery ,the term postpartum recovery means the #ab-week period1 or longer as determined by the health care professional responsible for the health and safety of the incarcerated pregnant woman1 following delivery1 and shall include the entire period that the incarcerated pregnant woman is in the hospital or infirmary4 7#d7 ,restraints ,the term restraints means any physical or mechanical device used to control the movement of an incarcerated pregnant woman's body1 limbs1 or both4 7#e7 ,restrictive housing ,the term restrictive housing means any type of detention that involves-- 7,a7 removal from the general inmate population1 whether voluntary or involuntary2 7,b7 placement in a locked room or cell1 whether alone or with another inmate2 and 7,c7 inability to leave the room or cell for the vast majority of the day4 #h4 ,education and technical assistance ,the ,director of the ,national ,institute of ,corrections shall provide education and technical assistance1 in conjunction with the appropriate public agencies1 at ,state and local correctional facilities that house women and facilities in which incarcerated women go into labor and give birth1 in order to educate the employees of such facilities1 including health personnel1 on the dangers and potential mental health consequences associated with the use of restrictive housing and restraints on incarcerated women during pregnancy1 labor1 and postpartum recovery1 and on alternatives to the use of restraints and restrictive housing placement4 #i4 ,bureau of ,prisons staff and ,u4,s4 ,marshals training 7a7 ,bureau of prisons training ,beginning not later than #ahj days after the date of enactment of this ,act1 and biannually thereafter1 the ,director of the ,bureau of ,prisons shall train each correctional officer at any ,bureau of ,prisons women's facility to carry out the requirements of this ,act4 7b7 ,new hires ,beginning not later than #ahj days after the date of enactment of this ,act1 the ,director of the ,bureau of ,prisons shall train any newly hired correctional officer at a ,bureau of ,prisons facility that houses women to carry out the requirements of this ,act not later than #cj days after the date on which the officer is hired4 7c7 ,u4,s4 ,marshal training ,beginning not later than #ahj days after the date of enactment of this ,act1 and biannually thereafter1 the ,director of the ,u4,s4 ,marshals ,service shall ensure that each ,deputy ,u4,s4 ,marshal is trained pursuant to the guidelines described in subsection 7d74 ,newly hired deputies shall receive such training not later than #cj days after the date on which such deputy starts employment4 7d7 ,guidelines ,the ,director of the ,bureau of ,prisons and the ,united ,states ,marshals ,service shall each develop guidelines on the treatment of incarcerated women during pregnancy1 labor1 and postpartum recovery and incorporate such guidelines in the training required under this section4 ,such guidelines shall include guidance on-- 7#a7 the transportation of incarcerated pregnant women2 7#b7 housing of incarcerated pregnant women2 7#c7 nutritional requirements for incarcerated pregnant women2 and 7#d7 the right of a health care professional to request that restraints not be used4 #aj4 ,,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 settings1 including policies on obstetrical and gynecological care1 education on nutrition1 health and safety risks associated with pregnancy1 mental health and substance use treatment1 access to prenatal and post-delivery support services and programs1 the use of restraints and restrictive housing placement1 and the extent to which the intent of such policies are fulfilled4 #aa4 ,,gao study on ,federal pretrial detention facilities 7a7 ,study ,the ,comptroller ,general of the ,united ,states shall conduct a study of services and protections provided for pregnant women who are incarcerated in ,federal pretrial detention facilities4 ,specifically1 the study shall examine-- 7#a7 what available data indicate about pregnant women detained or held in ,federal pretrial detention facilities2 7#b7 existing ,u4,s4 ,marshals ,service policies and standards that address the care of pregnant women in ,federal pretrial detention facilities2 and 7#c7 what is known about the care provided to pregnant women in ,federal pretrial detention facilities4 7b7 ,report and best practices ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general shall submit a report of the results of the study conducted under subsection 7a7 to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives4 ,the report shall identify best practices for ensuring that ,federal pretrial detention facilities implement services and protections for pregnant women consistent with this ,act and shall provide recommendations on how to implement these best practices among all ,federal pretrial detention facilities4 7c7 ,definition ,for purposes of this section1 the term ,federal pretrial detention facilities includes ,state1 local1 private1 or other facilities under contract with the ,u4,s4 ,marshals ,service for the purpose of housing ,federal pretrial detainees4 #ab4 ,,pwic grant program ,section #ejh of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaea et seq47 is amended to read as follows3 #ejh4 ,pregnant women in custody grant program 7a7 ,short title ,this section may be cited as the ,pregnant ,women in ,custody ,grant ,program of #bjbj or the ,,pwic ,act of #bjbj4 7b7 ,establishment ,the ,attorney ,general may make grants to eligible entities that have established a program to promote the health needs of incarcerated pregnant women in the criminal justice system at the ,state1 tribal1 and local levels or have declared their intent to establish such a program4 ,eligible entities shall-- 7#a7 promote the safety and wellness of pregnant women in custody2 7#b7 provide services for obstetrical and gynecological care1 for women in custody2 7#c7 facilitate resources and support services for nutrition and physical and mental health1 for women in custody2 7#d7 establish and maintain policies that are substantially similar to the limitations imposed under section #dcbb of title #ah1 ,united ,states ,code1 limiting the use of restraints on pregnant women in custody2 and 7#e7 maintain1 establish1 or build post-delivery lactation and nursery care or residential programs to keep the infant with the mother and to promote and facilitate bonding skills for incarcerated pregnant women and women with dependent children4 7c7 ,grant period ,a grant awarded under this section shall be for a period of not more than #e years4 7d7 ,eligible entity ,an entity is eligible for a grant under this section if the entity is-- 7#a7 a ,state or territory department of corrections2 7#b7 a tribal entity that operates a correctional facility2 or 7#c7 a unit of local government that operates a prison or jail that houses women2 or 7#d7 a locally-based nonprofit organization1 that has partnered with a ,state or unit of local government that operates a correctional facility1 with expertise in providing health services to incarcerated pregnant women4 7e7 ,application ,to receive a grant under this section1 an eligible entity shall submit an application to the ,attorney ,general at such time1 in such manner1 and containing such information as the ,attorney ,general may require1 including a detailed description of the need for the grant and an account of the number of individuals the grantee expects to benefit from the grant4 7f7 ,administrative costs ,not more than #e percent of a grant awarded under this section may be used for costs incurred to administer such grant4 7g7 ,construction costs ,notwithstanding any other provision of this ,act1 no funds provided under this section may be used1 directly or indirectly1 for construction projects1 other than new construction or upgrade to a facility used to provide lactation1 nursery1 obstetrical1 or gynecological services4 7h7 ,priority funding for ,states that provide programs and services for incarcerated women related to pregnancy and childbirth ,in determining the amount provided to a ,state or unit of local government under this section1 the ,attorney ,general shall give priority to ,states or units of local government that have enacted laws or policies and implemented services or pilot programs for incarcerated pregnant women aimed at enhancing the safety and wellness of pregnant women in custody1 including providing services for obstetrical and gynecological care1 resources and support services for nutrition and physical and mental health1 and post-delivery lactation and nursery care or residential programs to keep the infant with the mother and to promote and facilitate bonding skills for incarcerated pregnant women and women with dependent children4 7i7 ,subgrant priority ,a ,state that receives a grant under this section shall prioritize subgrants to a unit of local government within the ,state that has established a pilot program that enhances safety and wellness of pregnant women in custody4 7j7 ,federal share 7#a7 ,in general ,the ,federal share of a grant under this section may not exceed #ge percent of the total costs of the projects described in the grant application4 7#b7 ,waiver ,the requirement of paragraph 7#a7 may be waived by the ,assistant ,attorney ,general upon a determination that the financial circumstances affecting the applicant warrant a finding that such a waiver is equitable4 7k7 ,compliance and redirection of funds 7#a7 ,in general ,not later than #a year after an eligible entity receives a grant under this section1 such entity shall implement a policy that is substantially similar to the policy under section #c of ,protecting the ,health and ,wellness of ,babies and ,pregnant ,women in ,custody ,act4 7#b7 ,extension ,the ,attorney ,general may provide a #abj-;day extension to an eligible entity that is making good faith efforts to collect the information required under paragraph 7#a74 7l7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section1 to remain available until expended-- 7#a7 for fiscal year #bjba1 #e1jjj1jjj2 7#b7 for fiscal year #bjbb1 #e1jjj1jjj2 7#c7 for fiscal year #bjbc1 #e1jjj1jjj2 7#d7 for fiscal year #bjbd1 #f1jjj1jjj2 and 7#e7 for fiscal year #bjbe1 #f1jjj1jjj4 7m7 ,funds ,to be supplemental ,to receive a grant under this section1 the eligible entity shall certify to the ,attorney ,general that the amounts received under the grant shall be used to supplement1 not supplant1 non-,federal funds that would otherwise be available for programs or services in the prison where funds will be used4 7n7 ,unobligated and unspent funds ,funds made available pursuant to this section that remain unobligated for a period of #f months after the end of the fiscal year for which the funds have been appropriated shall be awarded to other recipients of this grant4 7o7 ,civil rights obligation ,a recipient of a grant under this section shall be subject to the nondiscrimination requirement under section #djjjb7;b77#ac7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;b77#ac774 7p7 ,definitions ,in this section1 the term in custody means1 with respect to an individual1 that the individual is under the supervision of a ,federal1 ,state1 tribal1 or local correctional facility1 including pretrial and contract facilities1 and juvenile or medical or mental health facilities4 4 #ac4 ,placement in prerelease custody ,section #cfbd7;c77#a7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 ,notwithstanding any other provision of this paragraph1 in the case of a pregnant woman in custody1 if that woman's due date is within the final year of her term of imprisonment1 that woman may be placed into prerelease custody beginning not earlier than the date that is #b months prior to that woman's due date44 #ad4 ,determination of ,budgetary ,effects ,the budgetary effects of this ,act1 for the purpose of complying with the ,statutory ,pay-,as-,you-,go ,act of #bjaj1 shall be determined by reference to the latest statement titled ,budgetary ,effects of ,,paygo ,legislation for this ,act1 submitted for printing in the ,congressional ,record by the ,chairman of the ,house ,budget ,committee1 provided that such statement has been submitted prior to the vote on passage4 ,passed the ,house of ,representatives ,october #a1 #bjbj4;,clerk4