(B) begin providing each correctional facil-
ity employee with information on the type of 
COVID–19 vaccine offered, possible side effects 
of the COVID–19 vaccine, and educational ma-
terials on the benefits of COVID–19 and other 
vaccinations. 
(e) PRIVACY.—Any data collected, stored, received, or 
published under this section 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 the data; 
(2) be de-identified or anonymized in a manner 
that protects the identity of all individuals whose in-
formation is included in the 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 the data in determinations of 
eligibility (or continued eligibility) in health plans, 
and from any other inappropriate uses. 
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(f) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to relevant medical and pub-
lic officials such sums as are necessary to procure and ad-
minister the COVID–19 diagnostic tests and provide the 
medical care required in this section. 
SEC. 4. COVID–19 DATA COLLECTION AT CORRECTIONAL 
FACILITIES. 
(a) DATA COLLECTION.—During the period begin-
ning not later than 45 days after the date of enactment 
of this Act and ending on the last day of the COVID– 
19 pandemic, each correctional facility shall submit weekly 
reports to the Department of Justice, the Centers for Dis-
ease Control and Prevention, and the public health author-
ity of the State in which the facility is located on the fol-
lowing: 
(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 routine 
weekly testing, symptomatic testing, close con-
tact testing, recovery monitoring testing, and 
new entrant testing; 
(B) the number of correctional facility em-
ployees tested for COVID–19, disaggregated by 
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routine weekly testing, symptomatic testing, 
close contact testing, and recovery monitoring 
testing; and 
(C) the COVID–19 diagnostic test devel-
oper, test name, and type of test (molecular, 
antigen, or other) for each COVID–19 diag-
nostic test conducted. 
(2) TEST
RESULTS.—COVID–19 diagnostic 
testing outcomes, including cumulative and new 
(since the previous report) counts of— 
(A) the number of confirmed active cases 
of COVID–19 among incarcerated persons, 
disaggregated by routine weekly testing, symp-
tomatic testing, close contact testing, recovery 
monitoring testing, and new entrant testing; 
(B) the number of confirmed negative 
cases of COVID–19 among incarcerated per-
sons, disaggregated by routine weekly testing, 
symptomatic testing, close contact testing, re-
covery monitoring testing, and new entrant 
testing; 
(C) the number of confirmed active cases 
of COVID–19 among correctional facility em-
ployees, disaggregated by routine weekly test-
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ing, symptomatic testing, close contact testing, 
and recovery monitoring testing; 
(D) the number of confirmed negative 
cases of COVID–19 among correctional facility 
employees, disaggregated by routine weekly 
testing, symptomatic testing, close contact test-
ing, and recovery monitoring testing; 
(E) the number of tests pending results, 
disaggregated by incarcerated persons and cor-
rectional facility employees; 
(F) the average time between testing an 
incarcerated person for COVID–19 and receiv-
ing the results of the test; and 
(G) the average time between testing a 
correctional facility employee for COVID–19 
and receiving the results of the test. 
(3) CASE
OUTCOMES.—COVID–19 case out-
comes, including cumulative and new (since the pre-
vious report) counts of— 
(A) the number of incarcerated persons 
hospitalized for a case of COVID–19; 
(B) the number of incarcerated persons 
who have recovered from COVID–19; 
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(C) the number of incarcerated persons 
currently in quarantine or medical isolation for 
COVID–19, respectively; 
(D) the number of incarcerated persons 
who have completed quarantine or been released 
from medical isolation, respectively; 
(E) the number of incarcerated persons 
who have died from a confirmed or suspected 
case of COVID–19; 
(F) the number of correctional facility em-
ployees hospitalized for a case of COVID–19; 
(G) the number of correctional facility em-
ployees who have recovered from COVID–19; 
and 
(H) the number of correctional facility em-
ployees who have died from a case of COVID– 
19. 
(4) RELEASE
OF
INCARCERATED
PERSONS.— 
Data related to the release of incarcerated persons, 
including individuals 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, disaggregated by incarcerated persons and 
correctional facility employees. 
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(6) VACCINATIONS.—Data related to distribu-
tion of the COVID–19 vaccine, including— 
(A) the policies of the facility relating to 
the distribution of the COVID–19 vaccination 
to incarcerated persons and correctional facility 
staff, including how the facility is prioritizing 
distribution, both among correctional facility 
staff and incarcerated persons, and any changes 
or updates made to the policies; 
(B) the total number of COVID–19 vac-
cine doses that the facility has received up to 
the date of the report; 
(C) the total number and percentage of in-
carcerated persons who— 
(i) have been offered a COVID–19 
vaccine; 
(ii) have received a first dose of the 
COVID–19 vaccine up to the date of the 
report; 
(iii) are fully vaccinated, either be-
cause the person received a second dose of 
the COVID–19 vaccine or because the 
COVID–19 vaccine the person received re-
quired only 1 dose; 
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(iv) declined the COVID–19 vaccine; 
and 
(v) are housed in a skilled nursing 
level housing unit or hospice and have— 
(I) not received the COVID–19 
vaccine; 
(II) accepted the COVID–19 vac-
cine; and 
(III) declined the COVID–19 
vaccine; 
(D) the total number and percentage of 
correctional facility staff who— 
(i) have been offered a COVID–19 
vaccine; 
(ii) have received a first dose of the 
COVID–19 vaccine in up to the date of the 
report; 
(iii) are fully vaccinated, either be-
cause the person received a second dose of 
the COVID–19 vaccine or because the 
COVID–19 vaccine the person received re-
quired only 1 dose; and 
(iv) declined the COVID–19 vaccine; 
and 
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(E) in the case of incarcerated persons and 
correctional facility staff described in subpara-
graph (C)(iv) or (D)(iv), respectively, the 3 
most common reasons given for declining the 
COVID–19 vaccine. 
(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) PUBLIC REPORTING.—The Secretary of Health 
and Human Services, acting through the Director of the 
Centers for Disease Control and Prevention, shall make 
publicly available on the internet the most recent and his-
toric information reported weekly under subsection (a) in 
a machine-readable format. 
(d) COVID–19 SYMPTOM TRACKING AND MEDICAL 
RECORD RETENTION.—During the period beginning not 
later than 45 days after the date of enactment of this Act 
and ending on the last day of the COVID–19 pandemic, 
each correctional facility shall systemically track and 
record the signs and symptoms of COVID–19 among in-
carcerated persons and correctional center employees. As 
part of the tracking system, correctional facilities shall— 
(1) document and retain a record of each re-
quest from incarcerated persons for medical care, in-
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cluding medical care for the signs and symptoms of 
COVID–19; 
(2) conduct weekly screenings, in conjunction 
with the testing requirements described in section 3, 
of incarcerated persons for signs and symptoms of 
COVID–19 and maintain records of the results of 
such screenings for each incarcerated person; and 
(3) present for review, as requested at any time 
by the Secretary of Health and Human Services or 
the Attorney General, records collected under para-
graphs (1) and (2). 
(e) 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-
fected with COVID–19 shall include, to the extent prac-
ticable, the term of imprisonment imposed on the incarcer-
ated persons, the time served, and the release date. 
(f) PRIVACY.—Any data collected, stored, received, or 
published under this section 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 the data; 
(2) be de-identified or anonymized in a manner 
that protects the identity of all individuals whose in-
formation is included in the data; 
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(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. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Centers for Disease 
Control and Prevention such sums as are necessary to 
publicize the data as described in this section. 
SEC. 5. CENTERS FOR DISEASE CONTROL AND INVESTIGA-
TION DEPLOYMENT. 
(a) IN GENERAL.—Correctional facilities shall report 
to the Centers for Disease Control and Prevention in-
stances when 3 or more incarcerated persons or correc-
tional facility employees present new COVID–19 cases 
within 72 hours of each other, within 24 hours of identi-
fying the third case. 
(b) DEPLOYMENT OF STAFF.—In such instances, the 
Centers for Disease Control and Prevention shall deploy 
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staff with experience in preventing the spread of infectious 
diseases in congregate settings to the facility for the pur-
pose of mitigating and preventing the spread of COVID– 
19 at the facility. 
SEC. 6. UPDATED BUREAU OF PRISONS GUIDELINES ON 
HANDLING COVID–19 IN CORRECTIONAL FA-
CILITIES. 
(a) UPDATED COVID–19 GUIDELINES.—Not later 
than 30 days after the date of enactment of this Act, the 
Department of Justice, acting through the Bureau of Pris-
ons and in consultation with the Centers for Disease Con-
trol and Prevention, shall release updated guidelines on 
the management of COVID–19 in correctional facilities. 
(b) EXPERT CONSULTATION.— 
(1) IN GENERAL.—In developing the guidelines 
described in subsection (a), the Department of Jus-
tice shall consult with no fewer than 10 experts in 
public health and correctional facility management, 
which shall include— 
(A) academics with medical and public 
health expertise; 
(B) advocates for imprisoned populations; 
(C) public health officials; 
(D) tribal leaders or their representatives; 
and 
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(E) labor representatives of correctional fa-
cility employees. 
(2) PUBLICLY
AVAILABLE.—Recommendations 
from and correspondence with individuals described 
in paragraph (1) shall be made publicly available. 
(c) CONTENTS.—The guidelines described in sub-
section (a) shall, at a minimum, include— 
(1) requirements that correctional facilities con-
duct voluntary COVID–19 diagnostic tests on, and 
quarantine consistent with Centers for Disease Con-
trol and Prevention guidance all new incarcerated 
persons who enter the facility during the COVID–19 
pandemic, including incarcerated persons being held 
at the facility while in transit between other facili-
ties; 
(2) guidance on how facilities should conduct 
weekly testing of incarcerated persons and correc-
tional facility employees, including guidance on how 
to conduct pooled sample testing in lieu of individual 
testing, if appropriate, and guidance on how to iden-
tify the appropriate type of diagnostic test to use, 
consistent with the most up-to-date public health in-
formation and guidance on preventing the spread of 
COVID–19; 
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(3) guidance on how correctional facilities 
should handle incarcerated persons who refuse to re-
ceive COVID–19 tests, such as through imple-
menting time-based or symptom-based isolation and 
quarantine strategies; 
(4) requirements that correctional facilities, 
once a single case of COVID–19 is detected within 
the facility, screen every incarcerated person and 
correctional facility employee for signs and symp-
toms of COVID–19 within 24 hours; 
(5) guidance for correctional facilities on max-
imum occupational capacity, social distancing best 
practices, and how to reduce the incarcerated person 
population within the facility, including updated 
guidance on the proactive release of incarcerated 
persons, with special consideration given to high-risk 
incarcerated persons; 
(6) guidance for correctional facilities on how to 
establish and implement cohorting strategies to min-
imize the spread of COVID–19 in facilities, with 
special consideration given to the cohorting of high- 
risk incarcerated persons; 
(7) guidance for correctional facilities on how to 
establish and implement contact tracing efforts to 
identify, track, and prevent the spread of COVID– 
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19 among the contacts of incarcerated persons and 
correctional facility employees who test positive for 
COVID–19; 
(8) guidance for correctional facilities on how 
to— 
(A) humanely and effectively quarantine 
incarcerated persons exposed to COVID–19 and 
humanely and effectively medically isolate and 
provide medical care to incarcerated persons 
who contract COVID–19, including a prohibi-
tion on the use of punitive solitary confinement 
and other punitive measures as a means of 
treating and medically isolating incarcerated 
persons, with special consideration given to the 
quarantining and medical isolation and treat-
ment of high-risk incarcerated persons; 
(B) authorize the provision of materials, 
such as books, television shows, magazines, and 
movies to, increase recreation hours for, and ex-
pand programming and phone and email com-
munication privileges for incarcerated persons 
in medical isolation to minimize the similarity 
of punitive solitary confinement and other puni-
tive measures with medical quarantine; and 
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(C) confirm that incarcerated persons and 
correctional facility employees who have con-
tracted COVID–19 have recovered for the pur-
pose of releasing them from medical isolation; 
(9) guidance for correctional facilities on the 
proper cleaning and disinfecting of the facility to 
prevent the spread of COVID–19; 
(10) guidance for correctional facilities on prop-
er ventilation and air filtration strategies to prevent 
the spread of COVID–19; 
(11) guidance on the proper daily, weekly, and 
monthly allowance for incarcerated persons of per-
sonal protective equipment and face coverings, hand 
sanitizer, soap, cleaning items, and other materials 
that could reduce the spread of COVID–19 in facili-
ties, which shall be provided to incarcerated persons 
at no cost, including information on how to update 
existing guidelines within facilities on the limitation 
of incarcerated persons’ access to such materials; 
(12) guidance for correctional facilities on how 
to educate incarcerated persons, and the medical fa-
cilities treating those incarcerated persons for 
COVID–19, on the healthcare rights of the incarcer-
ated persons under Federal and State law and the 
minimum ethical standards of care, including the 
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use of medical isolation that does not include soli-
tary confinement; 
(13) recommendations for correctional facilities 
on how to increase communication between incarcer-
ated persons and friends and family outside of the 
facility during the COVID–19 pandemic, including 
guidance on how to suspend fees for phone calls and 
electronic communications and expand visitation (in-
cluding virtual visitation) options; 
(14) requirements that correctional facilities 
communicate, not less frequently than biweekly, and 
in such a manner that permits for feedback from in-
carcerated persons, to incarcerated persons the steps 
being taken to address the COVID–19 pandemic in 
the facility; 
(15) guidance for correctional facilities on how 
to connect incarcerated persons released from con-
finement as a result of the COVID–19 pandemic 
with post-release resources, such as health insur-
ance, primary care providers, other health profes-
sionals, and quarantine facilities, with sensitivity to 
the immigration status of incarcerated persons; and 
(16) guidance for correctional facilities on how 
to equitably distribute COVID–19 vaccinations to in-
carcerated persons and correctional facility staff, 
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with the goal of maximizing COVID–19 safety with-
in correctional facilities and reducing health dispari-
ties among correctional facility populations. 
SEC. 7. REPORT TO CONGRESS. 
Not later than 60 days after the date of enactment 
of this Act, the Attorney General shall submit to Congress 
a report on prevention, mitigation, and control activities 
relating to the spread of COVID–19 in prisons conducted 
by the Department of Justice and the Bureau of Prisons, 
disaggregated by facility when applicable, that includes in-
formation on— 
(1) efforts of correctional facilities to comply 
with the Interim Guidance on Management of 
Coronavirus Disease 2019 (COVID–19) in Correc-
tional and Detention Facilities issued by the Centers 
for Disease Control and Prevention (referred to in 
this section as the ‘‘Interim Guidelines’’), includ-
ing— 
(A) information on steps that have been 
and continue to be taken with respect to oper-
ational preparedness, including— 
(i) with respect to communication and 
coordination— 
(I) developing information shar-
ing systems with partners; 
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(II) reviewing and revising for 
COVID–19 existing influenza, all-haz-
ards, and disaster plans; 
(III) coordinating with local law 
enforcement and court officials as 
necessary; and 
(IV) encouraging all persons in 
the facility, including through posting 
signs, to take action to protect them-
selves from COVID–19; 
(ii) with respect to personnel prac-
tices— 
(I) reviewing sick leave policies of 
each employer that operates within 
the facility; 
(II) identifying duties that can be 
performed remotely; 
(III) planning for staff absences; 
(IV) offering revised duties to 
staff at increased risk for severe ill-
ness from COVID–19; 
(V) making plans to change staff 
duty assignments to prevent unneces-
sary movement between housing units 
during a COVID–19 outbreak; 
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(VI) offering the seasonal influ-
enza vaccines to all incarcerated per-
sons and correctional facility staff; 
and 
(VII) offering and administering 
COVID–19 vaccines to all incarcer-
ated persons and correctional facility 
staff; and 
(iii) with respect to operations, sup-
plies, and personal protective equipment 
(referred to in this clause as ‘‘PPE’’) prep-
arations— 
(I) ensuring that sufficient stocks 
of hygiene supplies, cleaning supplies, 
PPE, and medical supplies (consistent 
with the healthcare capabilities of the 
facility) are on hand and available, 
and having a plan in place to restock 
as needed; 
(II) making contingency plans for 
possible PPE shortages during the 
COVID–19 pandemic; 
(III) relaxing restrictions on al-
lowing alcohol-based hand sanitizer; 
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(IV) providing a no-cost supply 
of soap to incarcerated persons suffi-
cient to allow frequent hand washing; 
(V) establishing a respiratory 
protection program, if not already in 
place; 
(VI) ensuring that correctional 
facility staff and incarcerated persons 
are trained to correctly don, doff, and 
dispose of PPE that they will need to 
use within the scope of their respon-
sibilities; and 
(VII) setting up designated PPE 
donning and doffing areas outside all 
spaces where PPE will be used; 
(B) information on steps that have been 
and continue to be taken with respect to pre-
vention, including— 
(i) to prevent COVID–19 cases among 
incarcerated persons— 
(I) implementing social distanc-
ing strategies to increase the physical 
space between incarcerated persons, 
which, to the extent practicable, shall 
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be 6 feet between all individuals, re-
gardless of symptoms; 
(II) minimizing the mixing of in-
dividuals from different housing units; 
and 
(III) providing up-to-date infor-
mation about COVID–19 to incarcer-
ated persons; 
(ii) to prevent COVID–19 cases 
among correctional facility staff— 
(I) reminding staff to stay at 
home if they are sick; 
(II) performing verbal screening 
and temperature checks for all staff 
daily upon entry; and 
(III) providing up-to-date infor-
mation about COVID–19 to staff, in-
cluding information about sick leave 
policies; and 
(iii) to prevent COVID–19 cases 
among visitors— 
(I) communicating with potential 
visitors to discourage contact visits; 
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(II) conducting verbal screenings 
and temperature checks for visitors, 
and requiring face coverings; and 
(III) promoting non-contact visits 
and providing access to free virtual 
visitation options; 
(C) information on steps that have been 
and continue to be taken with respect to 
COVID–19 case management, including— 
(i) with respect to infection control, 
ensuring proper infection control protocols 
are in place; 
(ii) with respect to medical isolation— 
(I) placing incarcerated individ-
uals with confirmed or suspected 
cases of COVID–19 in medical isola-
tion; 
(II) ensuring that medical isola-
tion for COVID–19 is distinct from 
punitive solitary confinement; 
(III) keeping to an absolute min-
imum the movement outside the med-
ical isolation space of incarcerated in-
dividuals with confirmed or suspected 
cases of COVID–19; and 
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(IV) safely cohorting, if nec-
essary, COVID–19-infected incarcer-
ated individuals; and 
(iii) with respect to provision of 
care— 
(I) ensuring that incarcerated 
persons receive medical evaluation and 
treatment at the first signs of 
COVID–19 symptoms, including in 
cases where a facility is not able to 
provide such evaluation and treatment 
onsite; 
(II) providing incarcerated indi-
viduals with onsite healthcare; and 
(III) providing incarcerated indi-
viduals with healthcare services in the 
community, as necessary; and 
(D) all other aspects of the Interim Guid-
ance; 
(2) the process for determining which incarcer-
ated persons qualify for home confinement, including 
listing every factor that is taken into consideration, 
and how the factors are weighed to determine quali-
fication, including— 
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(A) how many incarcerated persons have 
been reviewed for home confinement; 
(B) how many incarcerated persons have 
qualified for and have been moved into home 
confinement, and the average length of time be-
tween review, approval, and transfer; 
(C) how the prior convictions of an incar-
cerated person are used to determine who quali-
fies for home confinement, including whether 
certain convictions are weighed more heavily 
than others, and whether a prior conviction re-
gardless of severity automatically bars an incar-
cerated person from qualifying for home con-
finement; and 
(D) demographic data of the incarcerated 
persons who are considered for home confine-
ment and of the incarcerated persons who are 
ultimately 
chosen 
for 
home 
confinement, 
disaggregated by age, race, gender, ethnicity, 
level of offense, how much time remains on 
their sentence, and whether the individual is 
high risk for COVID–19; 
(3) the process for determining which incarcer-
ated persons qualify for compassionate release, in-
cluding listing every factor that is taken into consid-
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eration, and how the factors are weighed to deter-
mine qualification, including— 
(A) how many incarcerated persons have 
been reviewed for compassionate release; 
(B) how many incarcerated persons have 
qualified 
for 
compassionate 
release, 
disaggregated by compassionate releases ap-
proved by the Bureau of Prisons and compas-
sionate releases granted by courts, and the av-
erage length of time between review, approval, 
and release; 
(C) how the prior convictions of an incar-
cerated person are used to determine who quali-
fies for compassionate release, including wheth-
er certain convictions are weighed more heavily 
than others, and whether a prior conviction re-
gardless of severity automatically bars an incar-
cerated person from qualifying for compas-
sionate release; and 
(D) demographic data of the incarcerated 
persons who are considered for compassionate 
release and of the incarcerated persons who are 
ultimately chosen for compassionate release, 
disaggregated by age, race, gender, ethnicity, 
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level of offense, and how much time remains on 
their sentence; 
(4) the process of providing information to fam-
ilies and emergency contacts of incarcerated persons 
who have tested positive for COVID–19, including 
how long it takes on average for families and emer-
gency contacts to be notified after initial diagnosis, 
and how often facilities follow up with families and 
emergency contacts to update them on the health 
condition of the incarcerated person; 
(5) resource limitations, if any, that have inhib-
ited the ability of the Department of Justice and 
Bureau of Prisons to fully implement the Centers 
for Disease Control and Prevention’s Interim Guide-
lines; and 
(6) what actions are being taken to modernize 
the electronic health records systems of the Bureau 
of Prisons. 
Æ 
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