I 
117TH CONGRESS 
1ST SESSION H. R. 2293 
To establish procedures related to the coronavirus disease 2019 (COVID– 
19) in correctional facilities. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 1, 2021 
Ms. BARRAGA´N (for herself, Mr. CA´RDENAS, and Mrs. HAYES) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To establish procedures related to the coronavirus disease 
2019 (COVID–19) in correctional facilities. 
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 ‘‘Federal Correctional 
Facilities COVID–19 Response Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) CORRECTIONAL FACILITY.—The term ‘‘cor-
rectional facility’’ includes— 
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(A) Federal prisons, including all prison, 
correctional, and detention facilities run by the 
Bureau of Prisons; and 
(B) privately owned or privately operated 
prison, correctional, and detention facilities con-
tracted by Federal entities, including the Bu-
reau of Prisons, to house Federal incarcerated 
persons. 
(2) CORRECTIONAL FACILITY EMPLOYEE.—The 
term ‘‘correctional facility employee’’ means any in-
dividual employed at a correctional facility housing 
Federal incarcerated persons, including— 
(A) a Federal employee; 
(B) an employee of a privately owned or 
privately operated prison, correctional, or deten-
tion facility contracted by a Federal entity to 
house Federal incarcerated persons; and 
(C) an employee of a private company con-
tracted to provide goods and services at a cor-
rectional facility. 
(3) COVID–19 DIAGNOSTIC TEST.—The term 
‘‘COVID–19 diagnostic test’’ mean 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) 
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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; 
(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. 
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(4) 
COVID–19 
PANDEMIC.—The 
term 
‘‘COVID–19 pandemic’’ 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. 
(5) HIGH RISK INCARCERATED PERSON.—The 
term ‘‘high risk incarcerated person’’ means an indi-
vidual who meets the definition of ‘‘incarcerated per-
son’’ under this section who— 
(A) is 50 years old or older; 
(B) has chronic kidney disease; 
(C) has chronic obstructive pulmonary dis-
ease; 
(D) is immunocompromised; 
(E) has obesity; 
(F) has a heart condition, such as coro-
nary artery disease or cardiomyopathy; 
(G) has sickle cell disease; 
(H) has type 1 or type 2 diabetes mellitus; 
(I) has moderate to severe asthma; 
(J) has cerebrovascular disease; 
(K) has cystic fibrosis; 
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