II 

117TH CONGRESS 

1ST SESSION S. 324 

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

facilities, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 12, 2021 

Ms. WARREN (for herself, Mrs. MURRAY, Mr. BOOKER, Mr. MARKEY, Mr. 

BLUMENTHAL, Ms. BALDWIN, Mr. CASEY, Mr. WYDEN, Mr. VAN HOLLEN, Mr. MERKLEY, Mr. BROWN, Ms. HIRONO, and Ms. DUCKWORTH) 

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. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 324 IS

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 19:12 Feb 27, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S324.IS S324

pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 324 IS

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; 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 324 IS

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 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 324 IS

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 19:12 Feb 27, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S324.IS S324

pamtmann on DSKBC07HB2PROD with BILLS
6 

•S 324 IS

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 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•S 324 IS

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 State or local public 

7 health authority shall submit the data to the Direc8 tor of the Centers for Disease Control and Preven9 tion. 

10 (3) BYRNE GRANT AMOUNTS.— 

11 (A) IN GENERAL.—If a State or jurisdic12 tion within a State fails to comply with the re13 quirements under paragraphs (1) and (2) in a 

14 fiscal year, the amount the State would other15 wise be awarded in the following fiscal year 

16 under subpart 1 of part E of title I of the Om17 nibus Crime Control and Safe Streets Act of 

18 1968 (34 U.S.C. 10151 et seq.) shall be re19 duced by 10 percent. 

20 (B) REPORT ON COMPLIANCE TO DOJ.— 

21 For purposes of carrying out this paragraph, 

22 the Director of the Centers for Disease Control 

23 and Prevention shall, not later than 30 days 

24 after the date on which the Director first re25 ceives data from a State or local public health 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•S 324 IS

1 authority and once every 30 days thereafter, 

2 submit to the Attorney General a report detail3 ing which States, if any, are not in compliance 

4 with this Act. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to the Director of the Cen7 ters for Disease Control and Prevention such sums as are 

8 necessary to carry out this section. 

9 SEC. 5. CDC REPORTS. 

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

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

12 for Disease Control and Prevention shall issue guidance 

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

14 (1) the categories of data required to be re15 ported under this Act; and 

16 (2) how the Director will determine whether a 

17 State is in compliance with this Act. 

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

19 days after data is reported to the Centers for Disease Con20 trol and Prevention under section 3 or 4, the Director of 

21 the Centers for Disease Control and Prevention shall make 

22 the data available to the public on the website of the Cen23 ters for Disease Control and Prevention, including all data 

24 reported by the Bureau of Prisons, the United States Mar25 shals Service, and State and local correctional facilities. 


pamtmann on DSKBC07HB2PROD with BILLS
9 

•S 324 IS

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) TEST 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 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•S 324 IS

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 positive tests 

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 tests 

14 of COVID–19 among incarcerated persons, 

15 disaggregated by first-time COVID–19 diag16 nostic tests and retests; 

17 (C) the number of confirmed positive tests 

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 tests 

22 of COVID–19 among correctional facility staff, 

23 disaggregated by first-time COVID–19 diag24 nostic tests and retests; 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•S 324 IS

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 with 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 exposure to or infection with COVID–19; 

22 (D) the number of incarcerated persons 

23 who have completed quarantine or been released 

24 from medical isolation; 


pamtmann on DSKBC07HB2PROD with BILLS
12 

•S 324 IS

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 with 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, the number of individuals who were newly ad17 mitted to the facility, and the number of individuals 

18 who were released from the facility for the week pre19 ceding the COVID–19 emergency data collection pe20 riod and for all weeks during this period. 

21 (6) VACCINATIONS.—Data related to distribu22 tion of the COVID–19 vaccine, including— 

23 (A) the policies of the facility relating to 

24 the distribution of the COVID–19 vaccination 

25 to incarcerated persons and correctional facility 


pamtmann on DSKBC07HB2PROD with BILLS
13 

•S 324 IS

1 staff, including how the facility is prioritizing 

2 distribution, both among correctional facility 

3 staff and incarcerated persons, and any changes 

4 or updates made to the policies; 

5 (B) the total number of COVID–19 vac6 cine doses that the facility has received up to 

7 the date of the report; 

8 (C) the total number and percentage of in9 carcerated persons who— 

10 (i) have been offered a COVID–19 

11 vaccine; 

12 (ii) have received a first dose of the 

13 COVID–19 vaccine up to the date of the 

14 report; 

15 (iii) are fully vaccinated, either be16 cause the person received a second dose of 

17 the COVID–19 vaccine or because the 

18 COVID–19 vaccine the person received re19 quired only 1 dose; 

20 (iv) declined the COVID–19 vaccine; 

21 and 

22 (v) are housed in a skilled nursing 

23 level housing unit or hospice and have— 

24 (I) not received the COVID–19 

25 vaccine; 


pamtmann on DSKBC07HB2PROD with BILLS
14 

•S 324 IS

1 (II) accepted the COVID–19 vac2 cine; and 

3 (III) decline the COVID–19 vac4 cine; 

5 (D) the total number and percentage of 

6 correctional facility staff— 

7 (i) have been offered a COVID–19 

8 vaccine; 

9 (ii) have received a first dose of the 

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

11 report; 

12 (iii) are fully vaccinated, either be13 cause the person received a second dose of 

14 the COVID–19 vaccine or because the 

15 COVID–19 vaccine the person received re16 quired only 1 dose; and 

17 (iv) declined the COVID–19 vaccine; 

18 and 

19 (E) in the case of incarcerated persons and 

20 correctional facility staff described in subpara21 graph (C)(iv) or (D)(iv), respectively, the 3 

22 most common reasons given for declining the 

23 COVID–19 vaccine. 

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

25 in this section shall be disaggregated by sex (including sexVerDate Sep 11 2014 19:12 Feb 27, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S324.IS S324

pamtmann on DSKBC07HB2PROD with BILLS
15 

•S 324 IS

1 ual orientation and gender identity), age, race, ethnicity, 

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

3 (c) INCARCERATED PERSONS DATA.—The data de4 scribed in this section with respect to incarcerated persons 

5 who are serving a term of imprisonment and who are in6 fected with COVID–19 shall include, to the extent prac7 ticable, the term of imprisonment imposed on such incar8 cerated persons and the time served on such term of im9 prisonment. 

10 SEC. 7. PRIVACY PROTECTIONS. 

11 Any data collected, stored, received, or published 

12 under this Act shall— 

13 (1) be so collected, stored, received, or pub14 lished in a manner that protects the privacy of indi15 viduals whose information is included in such data; 

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

17 that protects the identity of all individuals whose in18 formation is included in such data; 

19 (3) comply with privacy protections provided 

20 under the regulations promulgated under section 

21 264(c) of the Health Insurance Portability and Ac22 countability Act of 1996 (42 U.S.C. 1320d–2 note); 

23 and 

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

25 health and be protected from all other internal use 


pamtmann on DSKBC07HB2PROD with BILLS
16 

•S 324 IS

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

2 data, including use of such data in determinations of 

3 eligibility (or continued eligibility) in health plans, 

4 and from any other inappropriate uses. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS