[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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