[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4536 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4536

 To report data on COVID-19 in Federal, State, and local correctional 
                  facilities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 8, 2020

 Ms. Warren (for herself, Mrs. Murray, Mr. Booker, Mr. Blumenthal, Mr. 
Markey, Mr. Sanders, Mr. Durbin, Ms. Baldwin, Mr. Casey, Mr. Wyden, Mr. 
 Van Hollen, and Mr. Merkley) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To report data on COVID-19 in Federal, State, and local correctional 
                  facilities, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``COVID-19 in Corrections Data 
Transparency Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) COVID-19.--The term ``COVID-19'' means Coronavirus 
        Disease 2019.
            (2) COVID-19 diagnostic test.--The term ``COVID-19 
        diagnostic test'' means a test--
                    (A) that is an in vitro diagnostic product (as 
                defined in section 809.3 of title 21, Code of Federal 
                Regulations, or any successor thereto) for the 
                detection of SARS-CoV-2 or the diagnosis of the virus 
                that causes COVID-19; and
                    (B) the administration of which--
                            (i) is approved, cleared, or authorized 
                        under section 510(k), 513, 515, or 564 of the 
                        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
                        360(k), 360c, 360e, 360bbb-3);
                            (ii) the developer has requested, or 
                        intends to request, emergency use authorization 
                        under section 564 of the Federal Food, Drug, 
                        and Cosmetic Act (21 U.S.C. 360bbb-3), unless 
                        and until the emergency use authorization 
                        request under such section 564 has been denied 
                        or the developer of such test does not submit a 
                        request under such section within a reasonable 
                        timeframe;
                            (iii) is developed in and authorized by a 
                        State that has notified the Secretary of Health 
                        and Human Services of its intention to review 
                        tests intended to diagnose COVID-19; or
                            (iv) is another test that the Secretary 
                        determines appropriate in guidance.
            (3) COVID-19 emergency data collection period.--The term 
        ``COVID-19 emergency data collection period'' means the period 
        beginning on the date of enactment of this Act and ending on 
        the date that is 1 year after the date on which the public 
        health emergency declaration under section 319 of the Public 
        Health Service Act (42 U.S.C. 247d), with respect to COVID-19, 
        terminates.
            (4) State or local correctional facility.--The term ``State 
        or local correctional facility''--
                    (A) means a correctional facility within the 
                jurisdiction of a State or unit of local government; 
                and
                    (B) includes--
                            (i) a municipal, regional, or county jail;
                            (ii) a State prison;
                            (iii) a State-run boot camp prison;
                            (iv) a boot camp prison that is contracted 
                        out by the State;
                            (v) a State or local contract facility;
                            (vi) a juvenile detention facility;
                            (vii) a juvenile secure correctional 
                        facility; and
                            (viii) any other local or State 
                        correctional facility, including any juvenile 
                        facility.

SEC. 3. BUREAU OF PRISONS AND UNITED STATES MARSHALS SERVICE DATA 
              COLLECTION.

    (a) Bureau of Prisons.--The Director of the Bureau of Prisons 
shall--
            (1) on a daily basis during the COVID-19 emergency data 
        collection period, make available to the public on the website 
        of the Bureau of Prisons a report on the information described 
        in section 6, with respect to incarcerated persons and staff; 
        and
            (2) not later than 14 days after the date on which the 
        Director of the Centers for Disease Control and Prevention 
        publishes the guidance required under section 5(a), but in no 
        case later than 45 days after the date of enactment of this 
        Act, and not less frequently than once every 7 days thereafter 
        until the date on which the COVID-19 emergency data collection 
        period ends, submit to the Director of the Centers for Disease 
        Control and Prevention every 7 days, a report on the 
        information described in section 6, with respect to 
        incarcerated persons and staff.
    (b) United States Marshals Service.--The Director of the United 
States Marshals Service shall--
            (1) on a daily basis during the COVID-19 emergency data 
        collection period, make available to the public on the website 
        of the United States Marshals Service a report on the 
        information described in section 6, with respect to 
        incarcerated persons in the custody of the United States 
        Marshals Service, including individuals held at or employed by 
        a State or local correctional facility contracted by Federal 
        entities; and
            (2) not later than 14 days after the date on which the 
        Director of the Centers for Disease Control and Prevention 
        publishes the guidance required under section 5(a), but in no 
        case later than 45 days after the date of enactment of this 
        Act, and not less frequently than once every 7 days thereafter 
        until the date on which the COVID-19 emergency data collection 
        period ends, submit to the Director of the Centers for Disease 
        Control and Prevention every 7 days, a report on the 
        information described in section 6, with respect to 
        incarcerated persons and staff.

SEC. 4. STATE AND LOCAL CORRECTIONAL FACILITY DATA COLLECTION.

    (a) State and Local Reports.--
            (1) In general.--Not later than 14 days after the date on 
        which the Director of the Centers for Disease Control and 
        Prevention publishes the guidance required under section 5(a), 
        but in no case later than 45 days after the date of enactment 
        of this Act, and not less frequently than once every 7 days 
        thereafter until the date on which the COVID-19 emergency data 
        collection period ends--
                    (A) the head of each State department of 
                corrections and the head of each State juvenile justice 
                agency shall make available to the public on the 
                website of the department, and submit to the public 
                health authority of the State, the data described in 
                section 6, with respect to incarcerated persons and 
                staff; and
                    (B) the head of each State or local correctional 
                facility shall submit to the public health authority of 
                the State or unit of local government, as the case may 
                be, the data described in section 6, with respect to 
                incarcerated persons and staff.
            (2) Submission of information to the cdc.--Not later than 
        24 hours after a State or local public health authority 
        receives data under paragraph (1), the head of the public 
        health authority shall submit the data to the Director of the 
        Centers for Disease Control and Prevention.
            (3) Byrne grant amounts.--
                    (A) In general.--If a State or jurisdiction within 
                a State fails to comply with the requirements under 
                paragraphs (1) and (2) in a fiscal year, the amount the 
                State would otherwise be awarded in the following 
                fiscal year under subpart 1 of part E of title I of the 
                Omnibus Crime Control and Safe Streets Act of 1968 (34 
                U.S.C. 10151 et seq.) shall be reduced by 10 percent.
                    (B) Report on compliance to doj.--For purposes of 
                carrying out this paragraph, the Director of the 
                Centers for Disease Control and Prevention shall, not 
                later than 30 days after the date on which the Director 
                first receives data from a State or local public health 
                authority and once every 30 days thereafter, submit to 
                the Attorney General a report detailing which States, 
                if any, are not in compliance with this Act.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Director of the Centers for Disease Control and 
Prevention such sums as are necessary to carry out this section.

SEC. 5. CDC REPORTS.

    (a) Guidance.--Not later than 30 days after the date of enactment 
of this Act, the Director of the Centers for Disease Control and 
Prevention shall issue guidance for Federal, State, and local 
correctional facilities on--
            (1) the categories of data required to be reported under 
        this Act; and
            (2) how the Director will determine whether a State is in 
        compliance with this Act.
    (b) Publication on Website.--Not later than 7 days after data is 
reported to the Centers for Disease Control and Prevention under 
section 3 or 4, the Director of the Centers for Disease Control and 
Prevention shall make the data available to the public on the website 
of the Centers for Disease Control and Prevention, including all data 
reported by the Bureau of Prisons, the United States Marshals Service, 
and State and local correctional facilities.
    (c) Reports to Congress.--Not later than 60 days after the date of 
enactment of this Act, and every 30 days thereafter until the date on 
which the COVID-19 emergency data collection period ends, the Director 
of the Centers for Disease Control and Prevention shall compile and 
submit to Congress, including the Committees on the Judiciary and 
Health, Education, Labor, and Pensions of the Senate and the Committees 
on the Judiciary and Energy and Commerce of the House of 
Representatives, a report on the information submitted by the Bureau of 
Prisons, the United States Marshals Service, and the head of each State 
department of corrections under sections 3 and 4, respectively.

SEC. 6. COVID-19 DATA.

    (a) In General.--The data described in this section is the 
following data for each Federal, State, or local correctional facility 
within a State:
            (1) Testing numbers.--COVID-19 diagnostic testing, 
        including cumulative and new (since the previous report) counts 
        of--
                    (A) the number of incarcerated persons tested for 
                COVID-19, disaggregated by first-time COVID-19 
                diagnostic tests and retests;
                    (B) the number of correctional facility staff 
                tested for COVID-19, disaggregated by first-time COVID-
                19 diagnostic tests and retests; and
                    (C) the COVID-19 diagnostic test developer and test 
                name for each COVID-19 diagnostic test conducted.
            (2) Test results.--COVID-19 diagnostic testing outcomes, 
        including cumulative and new (since the previous report) counts 
        of--
                    (A) the number of confirmed active cases of COVID-
                19 among incarcerated persons, disaggregated by first-
                time COVID-19 diagnostic tests and retests;
                    (B) the number of confirmed negative cases of 
                COVID-19 among incarcerated persons, disaggregated by 
                first-time COVID-19 diagnostic tests and retests;
                    (C) the number of confirmed active cases of COVID-
                19 among correctional facility staff, disaggregated by 
                first-time COVID-19 diagnostic tests and retests;
                    (D) the number of confirmed negative cases of 
                COVID-19 among correctional facility staff, 
                disaggregated by first-time COVID-19 diagnostic tests 
                and retests;
                    (E) the number of COVID-19 diagnostic tests pending 
                results, disaggregated by incarcerated persons and 
                correctional facility staff;
                    (F) the average time between testing an 
                incarcerated person for COVID-19 and receiving the 
                results of the COVID-19 diagnostic test; and
                    (G) the average time between testing a correctional 
                facility employee for COVID-19 and receiving the 
                results of the COVID-19 diagnostic test.
            (3) Case outcomes.--COVID-19 case outcomes, including 
        cumulative and new (since the previous report) counts of--
                    (A) the number of incarcerated persons hospitalized 
                for a case of COVID-19;
                    (B) the number of incarcerated persons who have 
                recovered from COVID-19;
                    (C) the number of incarcerated persons currently in 
                quarantine or medical isolation for infection with or 
                exposure to COVID-19;
                    (D) the number of incarcerated persons who have 
                completed quarantine or been released from medical 
                isolation;
                    (E) the number of incarcerated persons who have 
                died from a case of COVID-19;
                    (F) the number of correctional facility staff 
                hospitalized for a case of COVID-19;
                    (G) the number of correctional facility staff who 
                have recovered from COVID-19; and
                    (H) the number of correctional facility staff who 
                have died from a case of COVID-19.
            (4) Release of incarcerated persons.--In the case of 
        incarcerated persons, data related to the release of such 
        incarcerated persons, including individuals released to home 
        confinement and pursuant to compassionate release, as a result 
        of the COVID-19 public health emergency.
            (5) Daily population.--Average daily population for the 
        week preceding the COVID-19 emergency data collection period 
        and for all weeks during this period.
    (b) Disaggregation of Data.--The data described in this section 
shall be disaggregated by sex, sexual orientation, gender identity, 
age, race, ethnicity, disability, and geography (including county and 
State).
    (c) Incarcerated Persons Data.--The data described in this section 
with respect to incarcerated persons who are serving a term of 
imprisonment and who are infected with COVID-19 shall include, to the 
extent practicable, the term of imprisonment imposed on such 
incarcerated persons and the time served on such term of imprisonment.

SEC. 7. PRIVACY PROTECTIONS.

    Any data collected, stored, received, or published under this Act 
shall--
            (1) be so collected, stored, received, or published in a 
        manner that protects the privacy of individuals whose 
        information is included in such data;
            (2) be de-identified or anonymized in a manner that 
        protects the identity of all individuals whose information is 
        included in such data;
            (3) comply with privacy protections provided under the 
        regulations promulgated under section 264(c) of the Health 
        Insurance Portability and Accountability Act of 1996 (42 U.S.C. 
        1320d-2 note); and
            (4) be limited in use for the purpose of public health and 
        be protected from all other internal use by any entity that 
        collects, stores, or receives the data, including use of such 
        data in determinations of eligibility (or continued 
        eligibility) in health plans, and from any other inappropriate 
        uses.
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