I 

117TH CONGRESS 

1ST SESSION H. R. 1072 

To report data on COVID–19 in Federal, State, and local correctional 

facilities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2021 

Ms. PRESSLEY (for herself, Ms. GARCIA of Texas, Mrs. DEMINGS, Mr. TRONE, 

Mrs. HAYES, Ms. SPEIER, Mr. ESPAILLAT, and Mr. DESAULNIER) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, 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 

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: 

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

2 Coronavirus Disease 2019. 

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

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

5 (A) that is an in vitro diagnostic product 

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

7 Federal Regulations, or any successor thereto) 

8 for the detection of SARS–CoV–2 or the diag9 nosis of the virus that causes COVID–19; and 

10 (B) the administration of which— 

11 (i) is approved, cleared, or authorized 

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

13 the Federal Food, Drug, and Cosmetic Act 

14 (21 U.S.C. 360(k), 360c, 360e, 360bbb–3); 

15 (ii) the developer has requested, or in16 tends to request, emergency use authoriza17 tion under section 564 of the Federal 

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

19 360bbb–3), unless and until the emergency 

20 use authorization request under such sec21 tion 564 has been denied or the developer 

22 of such test does not submit a request 

23 under such section within a reasonable 

24 timeframe; 

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1 (iii) is developed in and authorized by 

2 a State that has notified the Secretary of 

3 Health and Human Services of its inten4 tion to review tests intended to diagnose 

5 COVID–19; or 

6 (iv) is another test that the Secretary 

7 determines appropriate in guidance. 

8 (3) COVID–19 EMERGENCY DATA COLLECTION

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

10 collection period’’ means the period beginning on the 

11 date of enactment of this Act and ending on the 

12 date that is 1 year after the date on which the pub13 lic health emergency declaration under section 319 

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

15 with respect to COVID–19, terminates. 

16 (4) STATE OR LOCAL CORRECTIONAL FACIL17 ITY.—The term ‘‘State or local correctional facil18 ity’’— 

19 (A) means a correctional facility within the 

20 jurisdiction of a State or unit of local govern21 ment; and 

22 (B) includes— 

23 (i) a municipal, regional, or county 

24 jail; 

25 (ii) a State prison; 

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

2 (iv) a boot camp prison that is con3 tracted out by the State; 

4 (v) a State or local contract facility; 

5 (vi) a juvenile detention facility; 

6 (vii) a juvenile secure correctional fa7 cility; and 

8 (viii) any other local or State correc9 tional facility, including any juvenile facil10 ity. 

11 SEC. 3. BUREAU OF PRISONS AND UNITED STATES MAR12 SHALS SERVICE DATA COLLECTION. 

13 (a) BUREAU OF PRISONS.—The Director of the Bu14 reau of Prisons shall— 

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

16 emergency data collection period, make available to 

17 the public on the website of the Bureau of Prisons 

18 a report on the information described in section 6, 

19 with respect to incarcerated persons and staff; and 

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

21 which the Director of the Centers for Disease Con22 trol and Prevention publishes the guidance required 

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

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

25 frequently than once every 7 days thereafter until 

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1 the date on which the COVID–19 emergency data 

2 collection period ends, submit to the Director of the 

3 Centers for Disease Control and Prevention every 7 

4 days, a report on the information described in sec5 tion 6, with respect to incarcerated persons and 

6 staff. 

7 (b) UNITED STATES MARSHALS SERVICE.—The Di8 rector of the United States Marshals Service shall— 

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

10 emergency data collection period, make available to 

11 the public on the website of the United States Mar12 shals Service a report on the information described 

13 in section 6, with respect to incarcerated persons in 

14 the custody of the United States Marshals Service, 

15 including individuals held at or employed by a State 

16 or local correctional facility contracted by Federal 

17 entities; and 

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

19 which the Director of the Centers for Disease Con20 trol and Prevention publishes the guidance required 

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

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

23 frequently than once every 7 days thereafter until 

24 the date on which the COVID–19 emergency data 

25 collection period ends, submit to the Director of the 

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1 Centers for Disease Control and Prevention every 7 

2 days, a report on the information described in sec3 tion 6, with respect to incarcerated persons and 

4 staff. 

5 SEC. 4. STATE AND LOCAL CORRECTIONAL FACILITY DATA 

6 COLLECTION. 

7 (a) STATE AND LOCAL REPORTS.— 

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

9 the date on which the Director of the Centers for 

10 Disease Control and Prevention publishes the guid11 ance required under section 5(a), but in no case 

12 later than 45 days after the date of enactment of 

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

14 days thereafter until the date on which the COVID– 

15 19 emergency data collection period ends— 

16 (A) the head of each State department of 

17 corrections and the head of each State juvenile 

18 justice agency shall make available to the public 

19 on the website of the department, and submit 

20 to the public health authority of the State, the 

21 data described in section 6, with respect to in22 carcerated persons and staff; and 

23 (B) the head of each State or local correc24 tional facility shall submit to the public health 

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1 ment, as the case may be, the data described in 

2 section 6, with respect to incarcerated persons 

3 and staff. 

4 (2) SUBMISSION OF INFORMATION TO THE

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

6 public health authority receives data under para7 graph (1), the head of the State or local public 

8 health authority shall submit the data to the Direc9 tor of the Centers for Disease Control and Preven10 tion. 

11 (3) BYRNE GRANT AMOUNTS.— 

12 (A) IN GENERAL.—If a State or jurisdic13 tion within a State fails to comply with the re14 quirements under paragraphs (1) and (2) in a 

15 fiscal year, the amount the State would other16 wise be awarded in the following fiscal year 

17 under subpart 1 of part E of title I of the Om18 nibus Crime Control and Safe Streets Act of 

19 1968 (34 U.S.C. 10151 et seq.) shall be re20 duced by 10 percent. 

21 (B) REPORT ON COMPLIANCE TO DOJ.— 

22 For purposes of carrying out this paragraph, 

23 the Director of the Centers for Disease Control 

24 and Prevention shall, not later than 30 days 

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1 ceives data from a State or local public health 

2 authority and once every 30 days thereafter, 

3 submit to the Attorney General a report detail4 ing which States, if any, are not in compliance 

5 with this Act. 

6 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated to the Director of the Cen8 ters for Disease Control and Prevention such sums as are 

9 necessary to carry out this section. 

10 SEC. 5. CDC REPORTS. 

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

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

13 for Disease Control and Prevention shall issue guidance 

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

15 (1) the categories of data required to be re16 ported under this Act; and 

17 (2) how the Director will determine whether a 

18 State is in compliance with this Act. 

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

20 days after data is reported to the Centers for Disease Con21 trol and Prevention under section 3 or 4, the Director of 

22 the Centers for Disease Control and Prevention shall make 

23 the data available to the public on the website of the Cen24 ters for Disease Control and Prevention, including all data 

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1 reported by the Bureau of Prisons, the United States Mar2 shals Service, and State and local correctional facilities. 

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

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

5 thereafter until the date on which the COVID–19 emer6 gency data collection period ends, the Director of the Cen7 ters for Disease Control and Prevention shall compile and 

8 submit to Congress, including the Committees on the Ju9 diciary and Health, Education, Labor, and Pensions of the 

10 Senate and the Committees on the Judiciary and Energy 

11 and Commerce of the House of Representatives, a report 

12 on the information submitted by the Bureau of Prisons, 

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

14 State department of corrections under sections 3 and 4, 

15 respectively. 

16 SEC. 6. COVID–19 DATA. 

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

18 is the following data for each Federal, State, or local cor19 rectional facility within a State: 

20 (1) TEST NUMBERS.—COVID–19 diagnostic 

21 testing, including cumulative and new (since the pre22 vious report) counts of— 

23 (A) the number of incarcerated persons 

24 tested for COVID–19, disaggregated by first25 time COVID–19 diagnostic tests and retests; 

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1 (B) the number of correctional facility 

2 staff tested for COVID–19, disaggregated by 

3 first-time COVID–19 diagnostic tests and 

4 retests; and 

5 (C) the COVID–19 diagnostic test devel6 oper and test name for each COVID–19 diag7 nostic test conducted. 

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

9 testing outcomes, including cumulative and new 

10 (since the previous report) counts of— 

11 (A) the number of confirmed positive tests 

12 of COVID–19 among incarcerated persons, 

13 disaggregated by first-time COVID–19 diag14 nostic tests and retests; 

15 (B) the number of confirmed negative tests 

16 of COVID–19 among incarcerated persons, 

17 disaggregated by first-time COVID–19 diag18 nostic tests and retests; 

19 (C) the number of confirmed positive tests 

20 of COVID–19 among correctional facility staff, 

21 disaggregated by first-time COVID–19 diag22 nostic tests and retests; 

23 (D) the number of confirmed negative tests 

24 of COVID–19 among correctional facility staff, 

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1 disaggregated by first-time COVID–19 diag2 nostic tests and retests; 

3 (E) the number of COVID–19 diagnostic 

4 tests pending results, disaggregated by incarcer5 ated persons and correctional facility staff; 

6 (F) the average time between testing an 

7 incarcerated person for COVID–19 and receiv8 ing the results of the COVID–19 diagnostic 

9 test; and 

10 (G) the average time between testing a 

11 correctional facility employee for COVID–19 

12 and receiving the results of the COVID–19 di13 agnostic test. 

14 (3) CASE OUTCOMES.—COVID–19 case out15 comes, including cumulative and new (since the pre16 vious report) counts of— 

17 (A) the number of incarcerated persons 

18 hospitalized with COVID–19; 

19 (B) the number of incarcerated persons 

20 who have recovered from COVID–19; 

21 (C) the number of incarcerated persons 

22 currently in quarantine or medical isolation for 

23 exposure to or infection with COVID–19; 

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1 (D) the number of incarcerated persons 

2 who have completed quarantine or been released 

3 from medical isolation; 

4 (E) the number of incarcerated persons 

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

6 (F) the number of correctional facility 

7 staff hospitalized with COVID–19; 

8 (G) the number of correctional facility 

9 staff who have recovered from COVID–19; and 

10 (H) the number of correctional facility 

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

12 (4) RELEASE OF INCARCERATED PERSONS.—In 

13 the case of incarcerated persons, data related to the 

14 release of such incarcerated persons, including indi15 viduals released to home confinement and pursuant 

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

17 19 public health emergency. 

18 (5) DAILY POPULATION.—Average daily popu19 lation, the number of individuals who were newly ad20 mitted to the facility, and the number of individuals 

21 who were released from the facility for the week pre22 ceding the COVID–19 emergency data collection pe23 riod and for all weeks during this period. 

24 (6) VACCINATIONS.—Data related to distribu25 tion of the COVID–19 vaccine, including— 

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1 (A) the policies of the facility relating to 

2 the distribution of the COVID–19 vaccination 

3 to incarcerated persons and correctional facility 

4 staff, including how the facility is prioritizing 

5 distribution, both among correctional facility 

6 staff and incarcerated persons, and any changes 

7 or updates made to the policies; 

8 (B) the total number of COVID–19 vac9 cine doses that the facility has received up to 

10 the date of the report; 

11 (C) the total number and percentage of in12 carcerated persons who— 

13 (i) have been offered a COVID–19 

14 vaccine; 

15 (ii) have received a first dose of the 

16 COVID–19 vaccine up to the date of the 

17 report; 

18 (iii) are fully vaccinated, either be19 cause the person received a second dose of 

20 the COVID–19 vaccine or because the 

21 COVID–19 vaccine the person received re22 quired only 1 dose; 

23 (iv) declined the COVID–19 vaccine; 

24 and 

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1 (v) are housed in a skilled nursing 

2 level housing unit or hospice and have— 

3 (I) not received the COVID–19 

4 vaccine; 

5 (II) accepted the COVID–19 vac6 cine; and 

7 (III) decline the COVID–19 vac8 cine; 

9 (D) the total number and percentage of 

10 correctional facility staff— 

11 (i) have been offered a COVID–19 

12 vaccine; 

13 (ii) have received a first dose of the 

14 COVID–19 vaccine in up to the date of the 

15 report; 

16 (iii) are fully vaccinated, either be17 cause the person received a second dose of 

18 the COVID–19 vaccine or because the 

19 COVID–19 vaccine the person received re20 quired only 1 dose; and 

21 (iv) declined the COVID–19 vaccine; 

22 and 

23 (E) in the case of incarcerated persons and 

24 correctional facility staff described in subpara25 graph (C)(iv) or (D)(iv), respectively, the 3 

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1 most common reasons given for declining the 

2 COVID–19 vaccine. 

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

4 in this section shall be disaggregated by sex (including sex5 ual orientation and gender identity), age, race, ethnicity, 

6 disability, and geography (including county and State). 

7 (c) INCARCERATED PERSONS DATA.—The data de8 scribed in this section with respect to incarcerated persons 

9 who are serving a term of imprisonment and who are in10 fected with COVID–19 shall include, to the extent prac11 ticable, the term of imprisonment imposed on such incar12 cerated persons and the time served on such term of im13 prisonment. 

14 SEC. 7. PRIVACY PROTECTIONS. 

15 Any data collected, stored, received, or published 

16 under this Act shall— 

17 (1) be so collected, stored, received, or pub18 lished in a manner that protects the privacy of indi19 viduals whose information is included in such data; 

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

21 that protects the identity of all individuals whose in22 formation is included in such data; 

23 (3) comply with privacy protections provided 

24 under the regulations promulgated under section 

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1 countability Act of 1996 (42 U.S.C. 1320d–2 note); 

2 and 

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

4 health and be protected from all other internal use 

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

6 data, including use of such data in determinations of 

7 eligibility (or continued eligibility) in health plans, 

8 and from any other inappropriate uses. 

Æ