§5. Care for federally incarcerated women related to pregnancy and childbirth
This section requires the Director of the Bureau of Prisons, the Secretary of Homeland Security, and the Director of the Office of Refugee Resettlement to ensure that covered facilities provide services and programs addressing the health and safety needs of women in custody related to pregnancy and childbirth.
The section mandates access to contraception, pregnancy testing, and sexually transmitted disease testing upon request for women of reproductive age, as well as a pregnancy test at intake that the woman may decline. On confirmation of pregnancy, it requires the chief health care professional to provide a summary of safety protocols and ensure compliance, including assessments and modifications for housing, bedding, clothing, water and bathroom access, recreation and transportation, and diet. The diet must meet the Dietary Guidelines for Americans, include prenatal vitamins and additional caloric content, provide timely nutritious meals, and prohibit withholding food or serving nutraloaf as punishment.
The section further requires prenatal education, counseling, and birth support services within 14 days of notification for women pregnant at intake or while in custody, covering parental rights, family preservation services, nutritional standards, health risks including postpartum depression, breastfeeding, and information on child support obligations and debt repayment risks under programs such as TANF and SNAP. Women who gave birth while in custody or in the 6-month period before intake must receive counseling from a licensed or certified provider on the same topics.