H.R. 5901 — BCRA of 2025

This section requires states receiving funds under the Edward Byrne Memorial Justice Assistance Grant Program (34 U.S.C. 10151 et seq.) to submit quarterly anonymized, aggregate reports to the Attorney General on pregnant inmates and those who gave birth while in custody in state or local facilities (including jails, prisons, boot camp prisons, contract facilities, and juvenile facilities). The reports must include, at a minimum, (1) the annual total number of pregnant inmates by race, ethnicity, and quarter of admission; (2) whether pregnancy tests occurred within one week of admission and prenatal visits within seven days of pregnancy determination; (3) pregnancy outcomes (e.g., live birth, stillbirth, miscarriage, maternal or neonatal death, preterm birth) and their timing, location, and relation to custody release; (4) details on restraint use (e.g., type, justification, during pregnancy/labor/delivery/transit, on ankles/wrists/abdomen); (5) postpartum data for those still in custody 12 weeks after delivery (e.g., depression screening, medical appointment within two weeks); and (6) use of restrictive housing for pregnant or postpartum inmates (e.g., reason, duration). States have 120 days from enactment to comply (extendable by the Attorney General by another 120 days for good-faith efforts); noncompliance subjects a state to up to a 10-percent reduction in program funds, to be reallocated to compliant states. This section further directs the Attorney General to publish the reports; conduct a study using the data to improve treatment of pregnant and postpartum inmates and to analyze relationships between custody and adverse outcomes (e.g., stillbirths, miscarriages, deaths); and submit a report to Congress with study findings within two years of enactment.