HR 7718 · 116th Congress 2019–2021, ended

Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act

Latest action · Oct 19, 2020 Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJul 22, 2020
  2. Passed HouseOct 1, 2020
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act

This bill contains provisions related to the medical needs of incarcerated women.

The Bureau of Prisons (BOP) shall provide women in its custody access to certain reproductive health services. The bill also requires the BOP to (1) comply with requirements related to the health of a pregnant incarcerated woman, such as providing appropriate meals and medical services; and (2) provide appropriate health care to a woman with a high-risk pregnancy.

The bill also modifies restrictions on using restraints on an incarcerated woman during pregnancy, labor, or after delivery. The bill prohibits such restraints unless the relevant corrections official and a health care professional determine that the restraints are appropriate for the woman's medical safety. The health care professional must review this determination every six hours. The current statute allows using such restraints if the corrections official determines that restraints are needed due to a flight risk or threat of harm, and does not require periodic review.

The bill also prohibits the BOP from placing a pregnant woman into restrictive housing, such as solitary confinement, unless the relevant corrections official determines that such an action is necessary to address a serious and immediate risk of physical harm. This determination shall be reviewed every four hours.

The Department of Justice may make grants to eligible entities, such as a state department of corrections, to provide obstetrical care, gynecological care, and related services to women in custody.

The Bureau of Justice Statistics shall collect certain data related to the health needs of pregnant incarcerated women.

Cosponsors 35

Members who signed on, in the order they did. Signatures ran from Jul 22, 2020 to Sep 21, 2020; 3 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
R-AZDebbie LeskoOriginalJul 22, 2020
R-PAGuy ReschenthalerOriginalJul 22, 2020
D-MAKatherine M. ClarkOriginalJul 22, 2020
D-CABarbara LeeSep 8, 2020
D-NJBonnie Watson ColemanSep 8, 2020
R-WACathy McMorris RodgersSep 8, 2020
D-CAJackie SpeierSep 8, 2020
D-FLAlcee L. HastingsSep 14, 2020
D-NCAlma S. AdamsSep 14, 2020
D-INAndré CarsonSep 14, 2020
R-MOAnn WagnerSep 14, 2020
D-MDAnthony G. BrownSep 14, 2020
D-MSBennie G. ThompsonSep 14, 2020
D-MIBrenda L. LawrenceSep 14, 2020
D-ILCheri BustosSep 14, 2020
D-FLDebbie Wasserman SchultzSep 14, 2020
D-OREarl BlumenauerSep 14, 2020
D-DCEleanor Holmes NortonSep 14, 2020
D-TXFilemon VelaSep 14, 2020
D-NYGrace MengSep 14, 2020
D-CAJ. Luis CorreaSep 14, 2020
R-INJackie WalorskiSep 14, 2020
D-CTJahana HayesSep 14, 2020
D-OHJoyce BeattySep 14, 2020
D-DELisa Blunt RochesterSep 14, 2020
D-CALucille Roybal-AllardSep 14, 2020
D-OHMarcy KapturSep 14, 2020
R-OHSteve ChabotSep 14, 2020
D-ORSuzanne BonamiciSep 14, 2020
D-ALTerri A. SewellSep 14, 2020
D-OHTim RyanSep 14, 2020
D-CATony CárdenasSep 14, 2020
D-TXSheila Jackson LeeSep 21, 2020
D-TNSteve CohenSep 21, 2020
D-TXSylvia R. GarciaSep 21, 2020

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseJudiciary Committee
Referred Jul 22, 2020Markup Sep 15, 2020Reported Sep 24, 2020
SenateJudiciary Committee
Referred Oct 19, 2020

Actions 12

Everything that happened, newest first.

  1. Oct 19, 2020Received in the Senate and Read twice and referred to the Committee on the Judiciary.
  2. Oct 1, 2020Ms. Bass moved to suspend the rules and pass the bill, as amended.
  3. Oct 1, 2020Considered under suspension of the rules. (consideration: CR H5143-5149)
  4. Oct 1, 2020DEBATE - The House proceeded with forty minutes of debate on H.R. 7718.
  5. Oct 1, 2020DEBATE - The House continued with debate on H.R. 7718.

In the Congressional Record 3

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
HouseDebate and remarks H5143–H5149Text printed H5143–H5147Guy Reschenthaler R-PA, Karen Bass D-CA, Sheila Jackson Lee D-TXOct 1, 2020
HouseNotices H5103Estimated budget effects of H.R. 7718, Protecting the Health and Wellness of Babies and Pregnant Women in Custody ActTables H5103Estimated pay-as-you-go effects of H.R. 7718, Protecting the Health and Wellness of Babies and Pregnant Women in Custody ActJohn A. Yarmuth D-KYSep 30, 2020
HouseLists H3693H.R. 7718–7732—Jul 22, 2020

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimate

  1. Sep 28, 2020Statutory Pay-As-You-Go Effects of H.R. 7718, The Protecting the Health and Wellness of Babies and Pregnant Women in Custody ActAs posted on the website of the Clerk of the House on September 25, 2020 https://docs.house.gov/billsthisweek/20200928/BILLS-116hr7718-SUSv1.pdf

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Article I Section 8, Clause 18

The sponsor’s statement, as printed in the Congressional Record, vol. 166, no. 129, July 22, 2020, page H3693.

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HR 6878Pregnant Women in Custody ActReintroduced BillDec 5, 2022

Titles 5

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To address the health needs of incarcerated women related to pregnancy and childbirth, and for other purposes.
Short Title(s) as Introduced
Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act
Short Title(s) as Reported to House
Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act
Short Title(s) as Passed House
Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act
Short Titles from RFS (Referred to Senate) bill text
Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act

Subjects

Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.

Text 4

Each version as it was printed, newest first.

  1. Oct 19, 2020Referred in Senate
  2. Oct 1, 2020Engrossed in House
  3. Sep 24, 2020Reported in House
  4. Jul 22, 2020Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.