II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘COVID–19 in Correc5 tions Data Transparency Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) COVID–19.—The term ‘‘COVID–19’’ 

9 means Coronavirus Disease 2019. 

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1 (2) COVID–19 DIAGNOSTIC TEST.—The term 

2 ‘‘COVID–19 diagnostic test’’ means a test— 

3 (A) that is an in vitro diagnostic product 

4 (as defined in section 809.3 of title 21, Code of 

5 Federal Regulations, or any successor thereto) 

6 for the detection of SARS–CoV–2 or the diag7 nosis of the virus that causes COVID–19; and 

8 (B) the administration of which— 

9 (i) is approved, cleared, or authorized 

10 under section 510(k), 513, 515, or 564 of 

11 the Federal Food, Drug, and Cosmetic Act 

12 (21 U.S.C. 360(k), 360c, 360e, 360bbb–3); 

13 (ii) the developer has requested, or in14 tends to request, emergency use authoriza15 tion under section 564 of the Federal 

16 Food, Drug, and Cosmetic Act (21 U.S.C. 

17 360bbb–3), unless and until the emergency 

18 use authorization request under such sec19 tion 564 has been denied or the developer 

20 of such test does not submit a request 

21 under such section within a reasonable 

22 timeframe; 

23 (iii) is developed in and authorized by 

24 a State that has notified the Secretary of 

25 Health and Human Services of its intenVerDate Sep 11 2014 23:03 Sep 11, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4536.IS S4536
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1 tion to review tests intended to diagnose 

2 COVID–19; or 

3 (iv) is another test that the Secretary 

4 determines appropriate in guidance. 

5 (3) COVID–19 EMERGENCY DATA COLLECTION

6 PERIOD.—The term ‘‘COVID–19 emergency data 

7 collection period’’ means the period beginning on the 

8 date of enactment of this Act and ending on the 

9 date that is 1 year after the date on which the pub10 lic health emergency declaration under section 319 

11 of the Public Health Service Act (42 U.S.C. 247d), 

12 with respect to COVID–19, terminates. 

13 (4) STATE OR LOCAL CORRECTIONAL FACIL14 ITY.—The term ‘‘State or local correctional facil15 ity’’— 

16 (A) means a correctional facility within the 

17 jurisdiction of a State or unit of local govern18 ment; and 

19 (B) includes— 

20 (i) a municipal, regional, or county 

21 jail; 

22 (ii) a State prison; 

23 (iii) a State-run boot camp prison; 

24 (iv) a boot camp prison that is con25 tracted out by the State; 

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1 (v) a State or local contract facility; 

2 (vi) a juvenile detention facility; 

3 (vii) a juvenile secure correctional fa4 cility; and 

5 (viii) any other local or State correc6 tional facility, including any juvenile facil7 ity. 

8 SEC. 3. BUREAU OF PRISONS AND UNITED STATES MAR9 SHALS SERVICE DATA COLLECTION. 

10 (a) BUREAU OF PRISONS.—The Director of the Bu11 reau of Prisons shall— 

12 (1) on a daily basis during the COVID–19 

13 emergency data collection period, make available to 

14 the public on the website of the Bureau of Prisons 

15 a report on the information described in section 6, 

16 with respect to incarcerated persons and staff; and 

17 (2) not later than 14 days after the date on 

18 which the Director of the Centers for Disease Con19 trol and Prevention publishes the guidance required 

20 under section 5(a), but in no case later than 45 days 

21 after the date of enactment of this Act, and not less 

22 frequently than once every 7 days thereafter until 

23 the date on which the COVID–19 emergency data 

24 collection period ends, submit to the Director of the 

25 Centers for Disease Control and Prevention every 7 

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1 days, a report on the information described in sec2 tion 6, with respect to incarcerated persons and 

3 staff. 

4 (b) UNITED STATES MARSHALS SERVICE.—The Di5 rector of the United States Marshals Service shall— 

6 (1) on a daily basis during the COVID–19 

7 emergency data collection period, make available to 

8 the public on the website of the United States Mar9 shals Service a report on the information described 

10 in section 6, with respect to incarcerated persons in 

11 the custody of the United States Marshals Service, 

12 including individuals held at or employed by a State 

13 or local correctional facility contracted by Federal 

14 entities; and 

15 (2) not later than 14 days after the date on 

16 which the Director of the Centers for Disease Con17 trol and Prevention publishes the guidance required 

18 under section 5(a), but in no case later than 45 days 

19 after the date of enactment of this Act, and not less 

20 frequently than once every 7 days thereafter until 

21 the date on which the COVID–19 emergency data 

22 collection period ends, submit to the Director of the 

23 Centers for Disease Control and Prevention every 7 

24 days, a report on the information described in secVerDate Sep 11 2014 23:03 Sep 11, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4536.IS S4536
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1 tion 6, with respect to incarcerated persons and 

2 staff. 

3 SEC. 4. STATE AND LOCAL CORRECTIONAL FACILITY DATA 

4 COLLECTION. 

5 (a) STATE AND LOCAL REPORTS.— 

6 (1) IN GENERAL.—Not later than 14 days after 

7 the date on which the Director of the Centers for 

8 Disease Control and Prevention publishes the guid9 ance required under section 5(a), but in no case 

10 later than 45 days after the date of enactment of 

11 this Act, and not less frequently than once every 7 

12 days thereafter until the date on which the COVID– 

13 19 emergency data collection period ends— 

14 (A) the head of each State department of 

15 corrections and the head of each State juvenile 

16 justice agency shall make available to the public 

17 on the website of the department, and submit 

18 to the public health authority of the State, the 

19 data described in section 6, with respect to in20 carcerated persons and staff; and 

21 (B) the head of each State or local correc22 tional facility shall submit to the public health 

23 authority of the State or unit of local govern24 ment, as the case may be, the data described in 

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1 section 6, with respect to incarcerated persons 

2 and staff. 

3 (2) SUBMISSION OF INFORMATION TO THE

4 CDC.—Not later than 24 hours after a State or local 

5 public health authority receives data under para6 graph (1), the head of the public health authority 

7 shall submit the data to the Director of the Centers 

8 for Disease Control and Prevention. 

9 (3) BYRNE GRANT AMOUNTS.— 

10 (A) IN GENERAL.—If a State or jurisdic11 tion within a State fails to comply with the re12 quirements under paragraphs (1) and (2) in a 

13 fiscal year, the amount the State would other14 wise be awarded in the following fiscal year 

15 under subpart 1 of part E of title I of the Om16 nibus Crime Control and Safe Streets Act of 

17 1968 (34 U.S.C. 10151 et seq.) shall be re18 duced by 10 percent. 

19 (B) REPORT ON COMPLIANCE TO DOJ.— 

20 For purposes of carrying out this paragraph, 

21 the Director of the Centers for Disease Control 

22 and Prevention shall, not later than 30 days 

23 after the date on which the Director first re24 ceives data from a State or local public health 

25 authority and once every 30 days thereafter, 

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1 submit to the Attorney General a report detail2 ing which States, if any, are not in compliance 

3 with this Act. 

4 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to the Director of the Cen6 ters for Disease Control and Prevention such sums as are 

7 necessary to carry out this section. 

8 SEC. 5. CDC REPORTS. 

9 (a) GUIDANCE.—Not later than 30 days after the 

10 date of enactment of this Act, the Director of the Centers 

11 for Disease Control and Prevention shall issue guidance 

12 for Federal, State, and local correctional facilities on— 

13 (1) the categories of data required to be re14 ported under this Act; and 

15 (2) how the Director will determine whether a 

16 State is in compliance with this Act. 

17 (b) PUBLICATION ON WEBSITE.—Not later than 7 

18 days after data is reported to the Centers for Disease Con19 trol and Prevention under section 3 or 4, the Director of 

20 the Centers for Disease Control and Prevention shall make 

21 the data available to the public on the website of the Cen22 ters for Disease Control and Prevention, including all data 

23 reported by the Bureau of Prisons, the United States Mar24 shals Service, and State and local correctional facilities. 

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1 (c) REPORTS TO CONGRESS.—Not later than 60 days 

2 after the date of enactment of this Act, and every 30 days 

3 thereafter until the date on which the COVID–19 emer4 gency data collection period ends, the Director of the Cen5 ters for Disease Control and Prevention shall compile and 

6 submit to Congress, including the Committees on the Ju7 diciary and Health, Education, Labor, and Pensions of the 

8 Senate and the Committees on the Judiciary and Energy 

9 and Commerce of the House of Representatives, a report 

10 on the information submitted by the Bureau of Prisons, 

11 the United States Marshals Service, and the head of each 

12 State department of corrections under sections 3 and 4, 

13 respectively. 

14 SEC. 6. COVID–19 DATA. 

15 (a) IN GENERAL.—The data described in this section 

16 is the following data for each Federal, State, or local cor17 rectional facility within a State: 

18 (1) TESTING NUMBERS.—COVID–19 diagnostic 

19 testing, including cumulative and new (since the pre20 vious report) counts of— 

21 (A) the number of incarcerated persons 

22 tested for COVID–19, disaggregated by first23 time COVID–19 diagnostic tests and retests; 

24 (B) the number of correctional facility 

25 staff tested for COVID–19, disaggregated by 

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1 first-time COVID–19 diagnostic tests and 

2 retests; and 

3 (C) the COVID–19 diagnostic test devel4 oper and test name for each COVID–19 diag5 nostic test conducted. 

6 (2) TEST RESULTS.—COVID–19 diagnostic 

7 testing outcomes, including cumulative and new 

8 (since the previous report) counts of— 

9 (A) the number of confirmed active cases 

10 of COVID–19 among incarcerated persons, 

11 disaggregated by first-time COVID–19 diag12 nostic tests and retests; 

13 (B) the number of confirmed negative 

14 cases of COVID–19 among incarcerated per15 sons, disaggregated by first-time COVID–19 di16 agnostic tests and retests; 

17 (C) the number of confirmed active cases 

18 of COVID–19 among correctional facility staff, 

19 disaggregated by first-time COVID–19 diag20 nostic tests and retests; 

21 (D) the number of confirmed negative 

22 cases of COVID–19 among correctional facility 

23 staff, disaggregated by first-time COVID–19 di24 agnostic tests and retests; 

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1 (E) the number of COVID–19 diagnostic 

2 tests pending results, disaggregated by incarcer3 ated persons and correctional facility staff; 

4 (F) the average time between testing an 

5 incarcerated person for COVID–19 and receiv6 ing the results of the COVID–19 diagnostic 

7 test; and 

8 (G) the average time between testing a 

9 correctional facility employee for COVID–19 

10 and receiving the results of the COVID–19 di11 agnostic test. 

12 (3) CASE OUTCOMES.—COVID–19 case out13 comes, including cumulative and new (since the pre14 vious report) counts of— 

15 (A) the number of incarcerated persons 

16 hospitalized for a case of COVID–19; 

17 (B) the number of incarcerated persons 

18 who have recovered from COVID–19; 

19 (C) the number of incarcerated persons 

20 currently in quarantine or medical isolation for 

21 infection with or exposure to COVID–19; 

22 (D) the number of incarcerated persons 

23 who have completed quarantine or been released 

24 from medical isolation; 

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1 (E) the number of incarcerated persons 

2 who have died from a case of COVID–19; 

3 (F) the number of correctional facility 

4 staff hospitalized for a case of COVID–19; 

5 (G) the number of correctional facility 

6 staff who have recovered from COVID–19; and 

7 (H) the number of correctional facility 

8 staff who have died from a case of COVID–19. 

9 (4) RELEASE OF INCARCERATED PERSONS.—In 

10 the case of incarcerated persons, data related to the 

11 release of such incarcerated persons, including indi12 viduals released to home confinement and pursuant 

13 to compassionate release, as a result of the COVID– 

14 19 public health emergency. 

15 (5) DAILY POPULATION.—Average daily popu16 lation for the week preceding the COVID–19 emer17 gency data collection period and for all weeks during 

18 this period. 

19 (b) DISAGGREGATION OF DATA.—The data described 

20 in this section shall be disaggregated by sex, sexual ori21 entation, gender identity, age, race, ethnicity, disability, 

22 and geography (including county and State). 

23 (c) INCARCERATED PERSONS DATA.—The data de24 scribed in this section with respect to incarcerated persons 

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1 fected with COVID–19 shall include, to the extent prac2 ticable, the term of imprisonment imposed on such incar3 cerated persons and the time served on such term of im4 prisonment. 

5 SEC. 7. PRIVACY PROTECTIONS. 

6 Any data collected, stored, received, or published 

7 under this Act shall— 

8 (1) be so collected, stored, received, or pub9 lished in a manner that protects the privacy of indi10 viduals whose information is included in such data; 

11 (2) be de-identified or anonymized in a manner 

12 that protects the identity of all individuals whose in13 formation is included in such data; 

14 (3) comply with privacy protections provided 

15 under the regulations promulgated under section 

16 264(c) of the Health Insurance Portability and Ac17 countability Act of 1996 (42 U.S.C. 1320d–2 note); 

18 and 

19 (4) be limited in use for the purpose of public 

20 health and be protected from all other internal use 

21 by any entity that collects, stores, or receives the 

22 data, including use of such data in determinations of 

23 eligibility (or continued eligibility) in health plans, 

24 and from any other inappropriate uses. 

Æ