Federal Correctional Facilities COVID–19 Response Act
Bill: S.328 | Sponsor: Sen. Warren, Elizabeth (D-MA)
Policy area: Crime and Law Enforcement

Summary:
Federal Correctional Facilities COVID-19 Response Act
This bill establishes requirements to prevent and limit the spread of COVID-19 in federal correctional facilities (e.g., prisons).
Among the requirements, correctional facilities must do the following:
Finally, the bill requires the Bureau of Prisons, in consultation with the CDC, to update its guidelines on managing COVID-19 in correctional facilities.

To establish procedures related to the coronavirus disease 2019 (COVID-
                    19) in correctional facilities.

    Be it enacted by the Senate and House of Representatives 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 ``correctional 
        facility'' includes--
                    (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 contracted by 
                Federal entities, including the Bureau of Prisons, to 
                house Federal incarcerated persons.
            (2) Correctional facility employee.--The term 
        ``correctional facility employee'' means any individual 
        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 detention facility 
                contracted by a Federal entity to house Federal 
                incarcerated persons; and
                    (C) an employee of a private company contracted to 
                provide goods and services at a correctional 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) for the 
                detection of SARS-CoV-2 or the diagnosis 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 
                        intends to request, emergency use authorization 
                        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 section 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 intention to review 
                        tests intended to diagnose COVID-19; or
                            (iv) is another test that the Secretary 
                        determines appropriate in guidance.
            (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 individual who meets the 
        definition of ``incarcerated person'' under this section who--
                    (A) is 50 years old or older;
                    (B) has chronic kidney disease;
                    (C) has chronic obstructive pulmonary disease;
                    (D) is immunocompromised;
                    (E) has obesity;
                    (F) has a heart condition, such as coronary 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;
                    (L) has hypertension or high blood pressure;
                    (M) has a neurological condition such as dementia 
                or Parkinson's Disease;
                    (N) has liver disease;
                    (O) is pregnant;
                    (P) has pulmonary fibrosis;
                    (Q) has thalassemia;
                    (R) is a smoker;
                    (S) has a disability; or
                    (T) meets any other characteristic identified by 
                the Centers for Disease Control and Prevention as 
                putting individuals at increased risk of developing 
                sever illness from COVID-19.
            (6) Incarcerated person.--The term ``incarcerated person'' 
        means an individual involuntarily confined or detained in a 
        correctional facility.
            (7) Signs and symptoms of covid-19.--The term ``signs and 
        symptoms of COVID-19'' means fever or chills, cough, shortness 
        of breath or difficulty breathing, fatigue, muscle or body 
        aches, headache, new loss of taste or smell, sore throat, 
        congestion or runny nose, nausea or vomiting, diarrhea, and any 
        other medical condition or reaction identified by the Centers 
        for Disease Control and Prevention as being a physical reaction 
        to the contraction of the severe acute respiratory syndrome 
        coronavirus 2 (SARS-CoV-2).

SEC. 3. MANDATED COVID-19 TESTING AND VACCINATION AT CORRECTIONAL 
              FACILITIES.

    (a) Testing of Incarcerated Persons.--
            (1) In general.--Each correctional facility shall--
                    (A) not later than 15 days after the date of 
                enactment of this Act--
                            (i) provide each incarcerated person in the 
                        facility with the option to take a COVID-19 
                        diagnostic test, regardless of whether the 
                        incarcerated person exhibits symptoms of COVID-
                        19, at no cost to the incarcerated person;
                            (ii) provide each incarcerated person with 
                        the results of the diagnostic test, regardless 
                        of the results, including an interpretation of 
                        what the test results mean in the incarcerated 
                        person's preferred language;
                            (iii) provide each incarcerated person who 
                        tests positive for COVID-19 with necessary 
                        medical care (as outlined in the National 
                        Institutes of Health COVID-19 Treatment 
                        Guidelines), including COVID-19 tests to 
                        monitor recovery if indicated by the Centers 
                        for Disease Control and Prevention, and housing 
                        in a medical isolation unit under the care of 
                        medical professionals, at no cost to the 
                        incarcerated person;
                            (iv) place each asymptomatic incarcerated 
                        person who is exposed to a positive case in 
                        quarantine until testing is completed 
                        consistent with Centers for Disease Control and 
                        Prevention guidance; and
                            (v) place each symptomatic incarcerated 
                        person into medical isolation while awaiting 
                        test results; and
                    (B) 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--
                            (i) conduct weekly COVID-19 diagnostic 
                        testing of incarcerated persons in the facility 
                        in accordance with the guidelines developed 
                        under section 6, regardless of whether such 
                        incarcerated persons exhibit symptoms of COVID-
                        19, at no cost to incarcerated persons;
                            (ii) conduct COVID-19 diagnostic testing 
                        for any incarcerated person with COVID-19 
                        symptoms, or for any incarcerated person who is 
                        a close contact of a known COVID-19 case, in 
                        accordance with the guidelines developed under 
                        section 6;
                            (iii) provide each incarcerated person with 
                        the results of the diagnostic tests, regardless 
                        of the results, including an interpretation of 
                        what the test results mean in the incarcerated 
                        person's preferred language;
                            (iv) provide each incarcerated person who 
                        tests positive for COVID-19 with necessary 
                        medical care (as outlined in the National 
                        Institutes of Health COVID-19 Treatment 
                        Guidelines), including COVID-19 tests to 
                        monitor recovery if indicated by the Centers 
                        for Disease Control and Prevention, and housing 
                        in a medical isolation unit under the care of 
                        medical professionals, at no cost to the 
                        incarcerated person, in accordance with the 
                        guidelines developed under section 6;
                            (v) quarantine each incarcerated person 
                        exposed to a positive COVID-19 case in 
                        accordance with the guidelines developed under 
                        section 6; and
                            (vi) establish a procedure through which 
                        incarcerated people can opt out of COVID-19 
                        testing, in accordance with the guidelines 
                        developed under section 6.
            (2) New entrants.--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--
                    (A) provide each incarcerated person newly admitted 
                or transferred to the facility with an optional COVID-
                19 diagnostic test within 24 hours of entering the 
                facility, regardless of whether the incarcerated person 
                exhibits symptoms of COVID-19, at no cost to the 
                incarcerated person; and
                    (B) immediately quarantine each incarcerated person 
                newly admitted or transferred to the facility within 24 
                hours of entering the facility, consistent with Centers 
                for Disease Control and Prevention guidance, until the 
                incarcerated person has been confirmed to be negative 
                for COVID-19, in accordance with the guidelines 
                developed under section 6.
    (b) Testing of Correctional Facility Employees.--
            (1) In general.--Each correctional facility shall--
                    (A) not later than 15 days after the date of 
                enactment of this Act--
                            (i) provide each correctional facility 
                        employee with a required COVID-19 diagnostic 
                        test, regardless of the whether the employee 
                        exhibits symptoms of COVID-19, at no cost to 
                        the employee; and
                            (ii) provide each correctional facility 
                        employee who tests positive for COVID-19 with 
                        unlimited paid administrative leave for the 
                        purpose of recovering from COVID-19, and no 
                        cost COVID-19 diagnostic testing for the 
                        purpose of monitoring recovery if indicated by 
                        the Centers for Disease Control and Prevention, 
                        until the employee tests negative for COVID-19; 
                        and
                    (B) 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--
                            (i) conduct required weekly COVID-19 
                        diagnostic testing of each correctional 
                        facility employee in the facility, in 
                        accordance with the guidelines developed under 
                        section 6, regardless of whether the employee 
                        exhibits symptoms of COVID-19, at no cost to 
                        the employee;
                            (ii) provide each correctional facility 
                        employee who tests positive for COVID-19 with 
                        unlimited paid leave for the purpose of 
                        recovering from COVID-19, and no cost COVID-19 
                        diagnostic testing for the purpose of 
                        monitoring recovery if indicated by the Centers 
                        for Disease Control and Prevention, until the 
                        employee tests negative for COVID-19; and
                            (iii) provide each correctional facility 
                        employee who is exposed to a positive COVID-19 
                        case with guaranteed paid leave to quarantine, 
                        consistent with Centers for Disease Control and 
                        Prevention guidance, or until the employee has 
                        been confirmed to be negative for COVID-19.
    (c) Vaccination of Incarcerated Persons.--Each correctional 
facility shall--
            (1) not later than 45 days after the date of enactment of 
        this Act--
                    (A) begin providing each incarcerated person in the 
                facility with the option to take a COVID-19 vaccine; 
                and
                    (B) begin providing each incarcerated person in the 
                facility with information, offered in the incarcerated 
                persons' preferred language, on the type of COVID-19 
                vaccine offered, possible side effects of the COVID-19 
                vaccine, and educational materials on the benefits of 
                COVID-19 and other vaccinations.
    (d) Vaccination of Correctional Facility Employees.--Each 
correctional facility shall--
            (1) not later than 45 days after the date of enactment of 
        this Act--
                    (A) begin providing each correctional facility 
                employee with the option to take a COVID-19 vaccine; 
                and
                    (B) begin providing each correctional facility 
                employee with information on the type of COVID-19 
                vaccine offered, possible side effects of the COVID-19 
                vaccine, and educational materials 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 published in a 
        manner that protects the privacy of individuals whose 
        information is included in the data;
            (2) be deidentified or anonymized in a manner that protects 
        the identity of all individuals whose information 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 Accountability 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.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to relevant medical and public officials such sums as are 
necessary to procure and administer 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 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 submit 
weekly reports to the Department of Justice, the Centers for Disease 
Control and Prevention, and the public health authority of the State in 
which the facility is located on the following:
            (1) Testing numbers.--COVID-19 diagnostic testing, 
        including cumulative and new (since the previous report) counts 
        of--
                    (A) the number of incarcerated persons tested for 
                COVID-19, disaggregated by routine weekly testing, 
                symptomatic testing, close contact testing, recovery 
                monitoring testing, and new entrant testing;
                    (B) the number of correctional facility employees 
                tested for COVID-19, disaggregated by routine weekly 
                testing, symptomatic testing, close contact testing, 
                and recovery monitoring testing; and
                    (C) the COVID-19 diagnostic test developer, test 
                name, and type of test (molecular, antigen, or other) 
                for each COVID-19 diagnostic 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, symptomatic testing, close contact 
                testing, recovery monitoring testing, and new entrant 
                testing;
                    (B) the number of confirmed negative cases of 
                COVID-19 among incarcerated persons, disaggregated by 
                routine weekly testing, symptomatic testing, close 
                contact testing, recovery monitoring testing, and new 
                entrant testing;
                    (C) the number of confirmed active cases of COVID-
                19 among correctional facility employees, disaggregated 
                by routine weekly testing, 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 testing, and recovery monitoring 
                testing;
                    (E) the number of tests pending results, 
                disaggregated by incarcerated persons and correctional 
                facility employees;
                    (F) the average time between testing an 
                incarcerated person for COVID-19 and receiving 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 outcomes, including 
        cumulative and new (since the previous 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;
                    (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 employees 
                hospitalized for a case of COVID-19;
                    (G) the number of correctional facility employees 
                who have recovered from COVID-19; and
                    (H) the number of correctional facility employees 
                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 population, 
        disaggregated by incarcerated persons and correctional facility 
        employees.
            (6) Vaccinations.--Data related to distribution 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 vaccine doses that 
                the facility has received up to the date of the report;
                    (C) the total number and percentage of incarcerated 
                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 because 
                        the person received a second dose of the COVID-
                        19 vaccine or because the COVID-19 vaccine the 
                        person received required only 1 dose;
                            (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 vaccine; 
                                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 because 
                        the person received a second dose of the COVID-
                        19 vaccine or because the COVID-19 vaccine the 
                        person received required only 1 dose; and
                            (iv) declined the COVID-19 vaccine; and
                    (E) in the case of incarcerated persons and 
                correctional facility staff described in subparagraph 
                (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 orientation, 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 historic 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 of the signs 
and symptoms of COVID-19 among incarcerated persons and correctional 
center employees. As part of the tracking system, correctional 
facilities shall--
            (1) document and retain a record of each request from 
        incarcerated persons for medical care, including 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 paragraphs (1) and (2).
    (e) Incarcerated Persons Data.--The data described in this section 
with respect to incarcerated persons who are serving a term of 
imprisonment and who are infected with COVID-19 shall include, to the 
extent practicable, the term of imprisonment imposed on the 
incarcerated 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 published in a 
        manner that protects the privacy of individuals whose 
        information is included in the data;
            (2) be de-identified or anonymized in a manner that 
        protects the identity of all individuals whose information 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 Accountability 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 INVESTIGATION DEPLOYMENT.

    (a) In General.--Correctional facilities shall report to the 
Centers for Disease Control and Prevention instances when 3 or more 
incarcerated persons or correctional facility employees present new 
COVID-19 cases within 72 hours of each other, within 24 hours of 
identifying the third case.
    (b) Deployment of Staff.--In such instances, the Centers for 
Disease Control and Prevention shall deploy staff with experience in 
preventing the spread of infectious diseases in congregate settings to 
the facility for the purpose 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 FACILITIES.

    (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 Prisons and in consultation with the Centers for 
Disease Control 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 Justice 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
                    (E) labor representatives of correctional facility 
                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 subsection (a) shall, at 
a minimum, include--
            (1) requirements that correctional facilities conduct 
        voluntary COVID-19 diagnostic tests on, and quarantine 
        consistent with Centers for Disease Control 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 
        facilities;
            (2) guidance on how facilities should conduct weekly 
        testing of incarcerated persons and correctional facility 
        employees, including guidance on how to conduct pooled sample 
        testing in lieu of individual testing, if appropriate, and 
        guidance on how to identify the appropriate type of diagnostic 
        test to use, consistent with the most up-to-date public health 
        information and guidance on preventing the spread of COVID-19;
            (3) guidance on how correctional facilities should handle 
        incarcerated persons who refuse to receive COVID-19 tests, such 
        as through implementing 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 symptoms of COVID-19 within 24 hours;
            (5) guidance for correctional facilities on maximum 
        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 minimize 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-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 prohibition 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 treatment 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 expand programming 
                and phone and email communication privileges for 
                incarcerated persons in medical isolation to minimize 
                the similarity of punitive solitary confinement and 
                other punitive measures with medical quarantine; and
                    (C) confirm that incarcerated persons and 
                correctional facility employees who have contracted 
                COVID-19 have recovered for the purpose 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 proper 
        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 personal protective 
        equipment and face coverings, hand sanitizer, soap, cleaning 
        items, and other materials that could reduce the spread of 
        COVID-19 in facilities, 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 facilities treating those 
        incarcerated persons for COVID-19, on the healthcare rights of 
        the incarcerated persons under Federal and State law and the 
        minimum ethical standards of care, including the use of medical 
        isolation that does not include solitary confinement;
            (13) recommendations for correctional facilities on how to 
        increase communication between incarcerated 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 
        (including virtual visitation) options;
            (14) requirements that correctional facilities communicate, 
        not less frequently than biweekly, and in such a manner that 
        permits for feedback from incarcerated 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 confinement as a result of 
        the COVID-19 pandemic with post-release resources, such as 
        health insurance, primary care providers, other health 
        professionals, 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 incarcerated 
        persons and correctional facility staff, with the goal of 
        maximizing COVID-19 safety within correctional facilities and 
        reducing health disparities 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 
information on--
            (1) efforts of correctional facilities to comply with the 
        Interim Guidance on Management of Coronavirus Disease 2019 
        (COVID-19) in Correctional and Detention Facilities issued by 
        the Centers for Disease Control and Prevention (referred to in 
        this section as the ``Interim Guidelines''), including--
                    (A) information on steps that have been and 
                continue to be taken with respect to operational 
                preparedness, including--
                            (i) with respect to communication and 
                        coordination--
                                    (I) developing information sharing 
                                systems with partners;
                                    (II) reviewing and revising for 
                                COVID-19 existing influenza, all-
                                hazards, 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 
                                themselves from COVID-19;
                            (ii) with respect to personnel practices--
                                    (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 
                                illness from COVID-19;
                                    (V) making plans to change staff 
                                duty assignments to prevent unnecessary 
                                movement between housing units during a 
                                COVID-19 outbreak;
                                    (VI) offering the seasonal 
                                influenza vaccines to all incarcerated 
                                persons and correctional facility 
                                staff; and
                                    (VII) offering and administering 
                                COVID-19 vaccines to all incarcerated 
                                persons and correctional facility 
                                staff; and
                            (iii) with respect to operations, supplies, 
                        and personal protective equipment (referred to 
                        in this clause as ``PPE'') preparations--
                                    (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 
                                allowing alcohol-based hand sanitizer;
                                    (IV) providing a no-cost supply of 
                                soap to incarcerated persons sufficient 
                                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 
                                responsibilities; 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 prevention, 
                including--
                            (i) to prevent COVID-19 cases among 
                        incarcerated persons--
                                    (I) implementing social distancing 
                                strategies to increase the physical 
                                space between incarcerated persons, 
                                which, to the extent practicable, shall 
                                be 6 feet between all individuals, 
                                regardless of symptoms;
                                    (II) minimizing the mixing of 
                                individuals from different housing 
                                units; and
                                    (III) providing up-to-date 
                                information about COVID-19 to 
                                incarcerated 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 
                                information about COVID-19 to staff, 
                                including information about sick leave 
                                policies; and
                            (iii) to prevent COVID-19 cases among 
                        visitors--
                                    (I) communicating with potential 
                                visitors to discourage contact visits;
                                    (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 
                                individuals with confirmed or suspected 
                                cases of COVID-19 in medical isolation;
                                    (II) ensuring that medical 
                                isolation for COVID-19 is distinct from 
                                punitive solitary confinement;
                                    (III) keeping to an absolute 
                                minimum the movement outside the 
                                medical isolation space of incarcerated 
                                individuals with confirmed or suspected 
                                cases of COVID-19; and
                                    (IV) safely cohorting, if 
                                necessary, COVID-19-infected 
                                incarcerated 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 
                                individuals with onsite healthcare; and
                                    (III) providing incarcerated 
                                individuals with healthcare services in 
                                the community, as necessary; and
                    (D) all other aspects of the Interim Guidance;
            (2) the process for determining which incarcerated persons 
        qualify for home confinement, including listing every factor 
        that is taken into consideration, and how the factors are 
        weighed to determine qualification, including--
                    (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 between review, approval, and 
                transfer;
                    (C) how the prior convictions of an incarcerated 
                person are used to determine who qualifies for home 
                confinement, including whether certain convictions are 
                weighed more heavily than others, and whether a prior 
                conviction regardless of severity automatically bars an 
                incarcerated person from qualifying for home 
                confinement; and
                    (D) demographic data of the incarcerated persons 
                who are considered for home confinement 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 incarcerated persons 
        qualify for compassionate release, including listing every 
        factor that is taken into consideration, and how the factors 
        are weighed to determine 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 approved by the Bureau of 
                Prisons and compassionate releases granted by courts, 
                and the average length of time between review, 
                approval, and release;
                    (C) how the prior convictions of an incarcerated 
                person are used to determine who qualifies for 
                compassionate release, including whether certain 
                convictions are weighed more heavily than others, and 
                whether a prior conviction regardless of severity 
                automatically bars an incarcerated person from 
                qualifying for compassionate 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, level of offense, and how much time 
                remains on their sentence;
            (4) the process of providing information to families and 
        emergency contacts of incarcerated persons who have tested 
        positive for COVID-19, including how long it takes on average 
        for families and emergency 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 inhibited the 
        ability of the Department of Justice and Bureau of Prisons to 
        fully implement the Centers for Disease Control and 
        Prevention's Interim Guidelines; and
            (6) what actions are being taken to modernize the 
        electronic health records systems of the Bureau of Prisons.
                                 <all>