I 
116TH CONGRESS 
2D SESSION 
H. R. 7983 
To report data on COVID–19 in Federal, State, and local correctional 
facilities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 7, 2020 
Ms. PRESSLEY (for herself, Ms. GARCIA of Texas, Ms. CLARKE of New York, 
Ms. KELLY of Illinois, Mr. KENNEDY, Mr. TRONE, and Ms. SPEIER) in-
troduced 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘COVID–19 in Correc-
tions Data Transparency Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(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 diag-
nosis 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 in-
tends to request, emergency use authoriza-
tion 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 sec-
tion 564 has been denied or the developer 
of such test does not submit a request 
under such section within a reasonable 
timeframe; 
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(iii) is developed in and authorized by 
a State that has notified the Secretary of 
Health and Human Services of its inten-
tion 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 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
FACIL-
ITY.—The term ‘‘State or local correctional facil-
ity’’— 
(A) means a correctional facility within the 
jurisdiction of a State or unit of local govern-
ment; and 
(B) includes— 
(i) a municipal, regional, or county 
jail; 
(ii) a State prison; 
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(iii) a State-run boot camp prison; 
(iv) a boot camp prison that is con-
tracted out by the State; 
(v) a State or local contract facility; 
(vi) a juvenile detention facility; 
(vii) a juvenile secure correctional fa-
cility; and 
(viii) any other local or State correc-
tional facility, including any juvenile facil-
ity. 
SEC. 3. BUREAU OF PRISONS AND UNITED STATES MAR-
SHALS SERVICE DATA COLLECTION. 
(a) BUREAU OF PRISONS.—The Director of the Bu-
reau 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 Con-
trol 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 
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the date on which the COVID–19 emergency data 
collection period ends, submit to Director of the 
Centers for Disease Control and Prevention every 7 
days, a report on the information described in sec-
tion 6, with respect to incarcerated persons and 
staff. 
(b) UNITED STATES MARSHALS SERVICE.—The Di-
rector 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 Mar-
shals 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 Con-
trol 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 Director of the 
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Centers for Disease Control and Prevention every 7 
days, a report on the information described in sec-
tion 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 guid-
ance 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 in-
carcerated persons and staff; and 
(B) the head of each State or local correc-
tional facility shall submit to the public health 
authority of the State or unit of local govern-
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ment, 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 para-
graph (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 jurisdic-
tion within a State fails to comply with the re-
quirements under paragraphs (1) and (2) in a 
fiscal year, the amount the State would other-
wise be awarded in the following fiscal year 
under subpart 1 of part E of title I of the Om-
nibus Crime Control and Safe Streets Act of 
1968 (34 U.S.C. 10151 et seq.) shall be re-
duced 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 re-
ceives data from a State or local public health 
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authority and once every 30 days thereafter, 
submit to the Attorney General a report detail-
ing 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 Cen-
ters for Disease Control 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 re-
ported 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 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 re-
ported by the Bureau of Prisons, the United States Mar-
shals Service, and State and local correctional facilities. 
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(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 emer-
gency data collection period ends, the Director of the Cen-
ters for Disease Control and Prevention shall compile and 
submit to Congress, including the Committees on the Ju-
diciary 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 cor-
rectional facility within a State: 
(1) TESTING NUMBERS.—COVID–19 diagnostic 
testing, including cumulative and new (since the pre-
vious 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 
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(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 indi-
viduals released to home confinement and pursuant 
to compassionate release, as a result of the COVID– 
19 public health emergency. 
(5) DAILY POPULATION.—Average daily popu-
lation for the week preceding the COVID–19 emer-
gency 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 ori-
entation, gender identity, age, race, ethnicity, disability, 
and geography (including county and State). 
(c) INCARCERATED PERSONS DATA.—The data de-
scribed in this section with respect to incarcerated persons 
who are serving a term of imprisonment and who are in-
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fected with COVID–19 shall include, to the extent prac-
ticable, the term of imprisonment imposed on such incar-
cerated persons and the time served on such term of im-
prisonment. 
SEC. 7. PRIVACY PROTECTIONS. 
Any data collected, stored, received, or published 
under this Act shall— 
(1) be so collected, stored, received, or pub-
lished in a manner that protects the privacy of indi-
viduals whose information is included in such data; 
(2) be de-identified or anonymized in a manner 
that protects the identity of all individuals whose in-
formation 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 Ac-
countability 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. 
Æ 
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