Pregnant Women in Custody Act

Bill Number: H.R. 8690
Origin Chamber: House
Congress: 119th Congress, Session 2
Policy Area: Crime and Law Enforcement
Status: Introduced
Latest Action: 2026-05-08: Referred to the Subcommittee on Oversight, Investigations, and Accountability.
Last Updated: 2026-06-10T08:08:02Z

AI-Generated Summary

Purpose

The Pregnant Women in Custody Act (H.R. 8690) aims to improve health care, safety, and family bonding for pregnant women and new mothers held in federal custody, including prisons, immigration detention, and refugee shelters. It focuses on preventing harmful practices like restraints and solitary confinement (restrictive housing, meaning isolation in a locked cell for most of the day) while ensuring medical care, data collection, and support services.

Key Provisions

Data Collection (Sec. 3): Requires the Bureau of Justice Statistics to track pregnancy-related stats (e.g., demographics, care provided, high-risk cases, restrictive housing use) in federal, state, tribal, and local facilities starting 1 year after enactment. DHS and HHS must publish similar data for their facilities online, without personal identifiers.
Family Unity (Sec. 4): Mandates nursery/residential programs allowing mothers and infants to stay together post-delivery, regular contact, lactation support, and at least 60 minutes of bonding time.
Health Care Services (Sec. 5): Ensures pregnancy testing, prenatal/postpartum care, nutrition meeting federal guidelines (e.g., prenatal vitamins, extra calories, no punitive food like "nutraloaf"), education on rights/parenting, mental health/substance screenings, and protocols for complications. Allows civil lawsuits for violations.
Restrictive Housing and Restraints Ban (Secs. 6-7): Prohibits these during pregnancy, labor, delivery, and at least 12 weeks postpartum (or longer if needed). Narrow exceptions for immediate safety risks require daily review and plans for alternatives; no solitary in third trimester. Includes reporting to Congress, violation reporting processes, anti-retaliation rules, staff notices, and training. Applies to BOP/USMS (amends 18 U.S.C. § 4322) and DHS/HHS facilities (adds to Immigration and Nationality Act).
High-Risk Pregnancies (Sec. 8): Requires evaluation and transfer (if agreed) to a Residential Reentry Center (community-based halfway house) with proper care, prioritizing family proximity and safe transport. Time served counts toward sentence.
Reporting and Oversight (Secs. 9, 12): BOP must annually report administrative claims by pregnant inmates; GAO to study state/local practices.
Training and Assistance (Secs. 10-11): Mandates staff training on pregnancy care (initial, ongoing, new hires), guidelines development, and technical aid from National Institute of Corrections/DHS/HHS.

Significant Changes to Existing Law

Amends 18 U.S.C. § 4322 to expand bans on restrictive housing/restraints for pregnant women in BOP/USMS custody.
Adds new 18 U.S.C. § 4052 for high-risk pregnancy transfers.
Adds § 295 to Immigration and Nationality Act for DHS/HHS facilities.
Introduces private civil actions for damages/injunctions against agency heads for violations.
Expands data collection under existing crime stats programs (34 U.S.C. § 10132).

Potential Impacts

Government Agencies: Increased costs/admin burdens for BOP, DHS (CBP/ICE), HHS (ORR), including programs, training, data reporting, and potential lawsuits. Requires rulemaking (e.g., 180 days for unexpected births).
Citizens: Better health outcomes for ~5-10% of incarcerated women who are pregnant; improved infant bonding/family preservation. Indirect benefits via GAO study influencing state/local reforms.
International Relations: Minor; applies to immigration detainees/refugees, potentially affecting detention conditions perceptions.

Main Stakeholders Affected

Incarcerated/Detained Pregnant Women: Primary beneficiaries via enhanced care/rights.
Federal Agencies: BOP, USMS, DHS (CBP/ICE), HHS (ORR) – must implement changes.
Facility Staff/Wardens: New training/reporting duties.
Families/Infants: Access to bonding/programs.
Health Providers: Involved in evaluations/protocols.
Congress/GAO/BJS: Oversight/reporting roles.

Notable Legal, Constitutional, or Political Implications

Legal: Creates enforceable private rights of action in federal court for violations, enabling lawsuits for damages/relief (uncommon for prisons, shifts from grievances to judiciary).
Constitutional: Aligns with 8th Amendment bans on cruel/unusual punishment by prohibiting harmful practices; supports due process via notices/reporting.
Political: Promotes humane corrections/immigration policies; bipartisan potential via maternal health focus, but may spark debates on costs/security vs. rights. 10-year reporting ensures accountability.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Kamlager-Dove, Sydney [D-CA-37]

Cosponsors (17)

Rep. Johnson, Henry C. "Hank" [D-GA-4], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Brownley, Julia [D-CA-26], Rep. Simon, Lateefah [D-CA-12], Rep. Ramirez, Delia C. [D-IL-3], Rep. Davis, Danny K. [D-IL-7], Rep. Sewell, Terri A. [D-AL-7], Rep. Beatty, Joyce [D-OH-3], Rep. Jackson, Jonathan L. [D-IL-1], Rep. Titus, Dina [D-NV-1], Rep. Espaillat, Adriano [D-NY-13], Rep. Neguse, Joe [D-CO-2], Rep. Menefee, Christian D. [D-TX-18], Rep. Sykes, Emilia Strong [D-OH-13], Rep. Randall, Emily [D-WA-6], Rep. García, Jesús G. "Chuy" [D-IL-4], Rep. Carson, André [D-IN-7]

Recent Actions

2026-05-08: Referred to the Subcommittee on Oversight, Investigations, and Accountability.
2026-05-08: Referred to the Subcommittee on Border Security and Enforcement.
2026-05-07: Referred to the Committee on the Judiciary, and in addition to the Committees on the Budget, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2026-05-07: Referred to the Committee on the Judiciary, and in addition to the Committees on the Budget, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2026-05-07: Referred to the Committee on the Judiciary, and in addition to the Committees on the Budget, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2026-05-07: Introduced in House
2026-05-07: Introduced in House

Bill Versions

Pregnant Women in Custody Act — issued 2026-05-07 — PDF (39 pages)