Pregnant Women in Custody Act

Floor Speech

Mr. Speaker, each year, an estimated 58,000 pregnant women pass through jails and prisons in the United States. H.R. 6878 would expand on existing programs within the Bureau of Prisons to provide certain health and wellness-related services for pregnant incarcerated women. This legislation will help these women receive necessary medical care, nutrition, and support while in Federal custody.

In addition, H.R. 6878 builds upon President Trump's leadership in the First Step Act, which prohibited the use of restraints on pregnant women in Federal custody.

H.R. 6878 would prohibit pregnant women in Federal custody from being placed in restrictive housing unless their behavior poses a serious and immediate risk of physical harm. It also would prohibit the use of solitary confinement for pregnant women in their third trimester.

The bill also expands data reporting on the health needs of pregnant incarcerated women and requires guidelines for the treatment of incarcerated women during pregnancy, labor, and postpartum recovery.

We all believe that pregnant incarcerated women should be well cared for while they are in Federal custody. However, I would like to note the concern that the bill could require the Bureau of Prisons to provide abortifacients to pregnant inmates. However, the word ``contraception'' is not defined in the bill, and the internal Bureau of Prisons policy does not define ``contraception.''

Because the word ``contraception'' is not defined, this ambiguity leaves open the reasonable interpretation that the term ``contraception'' could include abortifacients or other substances that induce abortion.

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Mr. FITZGERALD. Mr. Speaker, I urge my colleagues to support this bill, and I yield back the balance of my time.

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Mr. FITZGERALD. Mr. Speaker, I claim the time in opposition to the amendment, although I am not opposed.

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Mr. FITZGERALD. Mr. Speaker, this amendment allows certain women in Federal custody to receive counseling related to postpartum health conditions. Postpartum women in Federal custody will be eligible to receive counseling services related to postpartum health conditions.

After giving birth, many women struggle with postpartum depression and other psychological and physical conditions. This amendment will ensure that women in Federal custody have access to these services.

While many of us have concerns with some of the other language in the bill, this amendment is a commonsense amendment.

Mr. Speaker, I urge support for the amendment, and I yield back the balance of my time.

Ms. LOIS FRANKEL of Florida.

Mr. Speaker, it really pleases me that we have this very good bipartisan legislation; and I know it is probably heartening to the citizens of our country that we can come together on important matters.

This is about the children. This is about getting children off to a good start so that they can thrive; so they can have opportunities for success; and there is nothing more important, really, than having good caregivers, their parents, especially their mom, who gives birth.

This amendment will make sure that women who have been incarcerated get the postpartum care that they need and that their children deserve.

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Mr. FITZGERALD. Mr. Speaker, on that I demand the yeas and nays.

The yeas and nays were ordered.

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