COVID–19 in Corrections Data Transparency Act

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- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘COVID–19 in Correc- 4 tions Data Transparency Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 VerDate Sep 11 2014 04:03 Sep 01, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7983.IH H7983 SSpencer on DSK126QN23PROD with BILLS 2 •HR 7983 IH (1) COVID–19.—The term ‘‘COVID–19’’ 1 means Coronavirus Disease 2019. 2 (2) COVID–19 DIAGNOSTIC TEST.—The term 3 ‘‘COVID–19 diagnostic test’’ means a test— 4 (A) that is an in vitro diagnostic product 5 (as defined in section 809.3 of title 21, Code of 6 Federal Regulations, or any successor thereto) 7 for the detection of SARS–CoV–2 or the diag- 8 nosis of the virus that causes COVID–19; and 9 (B) the administration of which— 10 (i) is approved, cleared, or authorized 11 under section 510(k), 513, 515, or 564 of 12 the Federal Food, Drug, and Cosmetic Act 13 (21 U.S.C. 360(k), 360c, 360e, 360bbb–3); 14 (ii) the developer has requested, or in- 15 tends to request, emergency use authoriza- 16 tion under section 564 of the Federal 17 Food, Drug, and Cosmetic Act (21 U.S.C. 18 360bbb–3), unless and until the emergency 19 use authorization request under such sec- 20 tion 564 has been denied or the developer 21 of such test does not submit a request 22 under such section within a reasonable 23 timeframe; 24 VerDate Sep 11 2014 04:03 Sep 01, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7983.IH H7983 SSpencer on DSK126QN23PROD with BILLS 3 •HR 7983 IH (iii) is developed in and authorized by 1 a State that has notified the Secretary of 2 Health and Human Services of its inten- 3 tion to review tests intended to diagnose 4 COVID–19; or 5 (iv) is another test that the Secretary 6 determines appropriate in guidance. 7 (3) COVID–19 EMERGENCY DATA COLLECTION 8 PERIOD.—The term ‘‘COVID–19 emergency data 9 collection period’’ means the period beginning on the 10 date of enactment of this Act and ending on the 11 date that is 1 year after date on which the public 12 health emergency declaration under section 319 of 13 the Public Health Service Act (42 U.S.C. 247d), 14 with respect to COVID–19, terminates. 15 (4) STATE OR LOCAL CORRECTIONAL FACIL- 16 ITY.—The term ‘‘State or local correctional facil- 17 ity’’— 18 (A) means a correctional facility within the 19 jurisdiction of a State or unit of local govern- 20 ment; and 21 (B) includes— 22 (i) a municipal, regional, or county 23 jail; 24 (ii) a State prison; 25 VerDate Sep 11 2014 04:03 Sep 01, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7983.IH H7983 SSpencer on DSK126QN23PROD with BILLS 4 •HR 7983 IH (iii) a State-run boot camp prison; 1 (iv) a boot camp prison that is con- 2 tracted out by the State; 3 (v) a State or local contract facility; 4 (vi) a juvenile detention facility; 5 (vii) a juvenile secure correctional fa- 6 cility; and 7 (viii) any other local or State correc- 8 tional facility, including any juvenile facil- 9 ity. 10 SEC. 3. BUREAU OF PRISONS AND UNITED STATES MAR- 11 SHALS SERVICE DATA COLLECTION. 12 (a) BUREAU OF PRISONS.—The Director of the Bu- 13 reau of Prisons shall— 14 (1) on a daily basis during the COVID–19 15 emergency data collection period, make available to 16 the public on the website of the Bureau of Prisons 17 a report on the information described in section 6, 18 with respect to incarcerated persons and staff; and 19 (2) not later than 14 days after the date on 20 which the Director of the Centers for Disease Con- 21 trol and Prevention publishes the guidance required 22 under section 5(a), but in no case later than 45 days 23 after the date of enactment of this Act, and not less 24 frequently than once every 7 days thereafter until 25 VerDate Sep 11 2014 04:03 Sep 01, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7983.IH H7983 SSpencer on DSK126QN23PROD with BILLS 5 •HR 7983 IH the date on which the COVID–19 emergency data 1 collection period ends, submit to Director of the 2 Centers for Disease Control and Prevention every 7 3 days, a report on the information described in sec- 4 tion 6, with respect to incarcerated persons and 5 staff. 6 (b) UNITED STATES MARSHALS SERVICE.—The Di- 7 rector of the United States Marshals Service shall— 8 (1) on a daily basis during the COVID–19 9 emergency data collection period, make available to 10 the public on the website of the United States Mar- 11 shals Service a report on the information described 12 in section 6, with respect to incarcerated persons in 13 the custody of the United States Marshals Service, 14 including individuals held at or employed by a State 15 or local correctional facility contracted by Federal 16 entities; and 17 (2) not later than 14 days after the date on 18 which the Director of the Centers for Disease Con- 19 trol and Prevention publishes the guidance required 20 under section 5(a), but in no case later than 45 days 21 after the date of enactment of this Act, and not less 22 frequently than once every 7 days thereafter until 23 the date on which the COVID–19 emergency data 24 collection period ends, submit to Director of the 25 VerDate Sep 11 2014 04:03 Sep 01, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7983.IH H7983 SSpencer on DSK126QN23PROD with BILLS 6 •HR 7983 IH Centers for Disease Control and Prevention every 7 1 days, a report on the information described in sec- 2 tion 6, with respect to incarcerated persons and 3 staff. 4 SEC. 4. STATE AND LOCAL CORRECTIONAL FACILITY DATA 5 COLLECTION. 6 (a) STATE AND LOCAL REPORTS.— 7 (1) IN GENERAL.—Not later than 14 days after 8 the date on which the Director of the Centers for 9 Disease Control and Prevention publishes the guid- 10 ance required under section 5(a), but in no case 11 later than 45 days after the date of enactment of 12 this Act, and not less frequently than once every 7 13 days thereafter until the date on which the COVID– 14 19 emergency data collection period ends— 15 (A) the head of each State department of 16 corrections and the head of each State juvenile 17 justice agency shall make available to the public 18 on the website of the department, and submit 19 to the public health authority of the State, the 20 data described in section 6, with respect to in- 21 carcerated persons and staff; and 22 (B) the head of each State or local correc- 23 tional facility shall submit to the public health 24 authority of the State or unit of local govern- 25 VerDate Sep 11 2014 04:03 Sep 01, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7983.IH H7983 SSpencer on DSK126QN23PROD with BILLS 7 •HR 7983 IH ment, as the case may be, the data described in 1 section 6, with respect to incarcerated persons 2 and staff. 3 (2) SUBMISSION OF INFORMATION TO THE 4 CDC.—Not later than 24 hours after a State or local 5 public health authority receives data under para- 6 graph (1), the head of the public health authority 7 shall submit the data to the Director of the Centers 8 for Disease Control and Prevention. 9 (3) BYRNE GRANT AMOUNTS.— 10 (A) IN GENERAL.—If a State or jurisdic- 11 tion within a State fails to comply with the re- 12 quirements under paragraphs (1) and (2) in a 13 fiscal year, the amount the State would other- 14 wise be awarded in the following fiscal year 15 under subpart 1 of part E of title I of the Om- 16 nibus Crime Control and Safe Streets Act of 17 1968 (34 U.S.C. 10151 et seq.) shall be re- 18 duced by 10 percent. 19 (B) REPORT ON COMPLIANCE TO DOJ.— 20 For purposes of carrying out this paragraph, 21 the Director of the Centers for Disease Control 22 and Prevention shall, not later than 30 days 23 after the date on which the Director first re- 24 ceives data from a State or local public health 25 VerDate Sep 11 2014 04:03 Sep 01, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7983.IH H7983 SSpencer on DSK126QN23PROD with BILLS 8 •HR 7983 IH authority and once every 30 days thereafter, 1 submit to the Attorney General a report detail- 2 ing which States, if any, are not in compliance 3 with this Act. 4 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 5 authorized to be appropriated to the Director of the Cen- 6 ters for Disease Control such sums as are necessary to 7 carry out this section. 8 SEC. 5. CDC REPORTS. 9 (a) GUIDANCE.—Not later than 30 days after the 10 date of enactment of this Act, the Director of the Centers 11 for Disease Control and Prevention shall issue guidance 12 for Federal, State, and local correctional facilities on— 13 (1) the categories of data required to be re- 14 ported under this Act; and 15 (2) how the Director will determine whether a 16 State is in compliance with this Act. 17 (b) PUBLICATION ON WEBSITE.—Not later than 7 18 days after data is reported to Centers for Disease Control 19 and Prevention under section 3 or 4, the Director of the 20 Centers for Disease Control and Prevention shall make the 21 data available to the public on the website of the Centers 22 for Disease Control and Prevention, including all data re- 23 ported by the Bureau of Prisons, the United States Mar- 24 shals Service, and State and local correctional facilities. 25 VerDate Sep 11 2014 04:03 Sep 01, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7983.IH H7983 SSpencer on DSK126QN23PROD with BILLS 9 •HR 7983 IH (c) REPORTS TO CONGRESS.—Not later than 60 days 1 after the date of enactment of this Act, and every 30 days 2 thereafter until the date on which the COVID–19 emer- 3 gency data collection period ends, the Director of the Cen- 4 ters for Disease Control and Prevention shall compile and 5 submit to Congress, including the Committees on the Ju- 6 diciary and Health, Education, Labor, and Pensions of the 7 Senate and the Committees on the Judiciary and Energy 8 and Commerce of the House of Representatives, a report 9 on the information submitted by the Bureau of Prisons, 10 the United States Marshals Service, and the head of each 11 State department of corrections under sections 3 and 4, 12 respectively. 13 SEC. 6. COVID–19 DATA. 14 (a) IN GENERAL.—The data described in this section 15 is the following data for each Federal, State, or local cor- 16 rectional facility within a State: 17 (1) TESTING NUMBERS.—COVID–19 diagnostic 18 testing, including cumulative and new (since the pre- 19 vious report) counts of— 20 (A) the number of incarcerated persons 21 tested for COVID–19, disaggregated by first- 22 time COVID–19 diagnostic tests and retests; 23 (B) the number of correctional facility 24 staff tested for COVID–19, disaggregated by 25 VerDate Sep 11 2014 04:03 Sep 01, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7983.IH H7983 SSpencer on DSK126QN23PROD with BILLS 10 •HR 7983 IH first-time COVID–19 diagnostic tests and 1 retests; and 2 (C) the COVID–19 diagnostic test devel- 3 oper and test name for each COVID–19 diag- 4 nostic test conducted. 5 (2) TEST RESULTS.—COVID–19 diagnostic 6 testing outcomes, including cumulative and new 7 (since the previous report) counts of— 8 (A) the number of confirmed active cases 9 of COVID–19 among incarcerated persons, 10 disaggregated by first-time COVID–19 diag- 11 nostic tests and retests; 12 (B) the number of confirmed negative 13 cases of COVID–19 among incarcerated per- 14 sons, disaggregated by first-time COVID–19 di- 15 agnostic tests and retests; 16 (C) the number of confirmed active cases 17 of COVID–19 among correctional facility staff, 18 disaggregated by first-time COVID–19 diag- 19 nostic tests and retests; 20 (D) the number of confirmed negative 21 cases of COVID–19 among correctional facility 22 staff, disaggregated by first-time COVID–19 di- 23 agnostic tests and retests; 24 VerDate Sep 11 2014 04:03 Sep 01, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7983.IH H7983 SSpencer on DSK126QN23PROD with BILLS 11 •HR 7983 IH (E) the number of COVID–19 diagnostic 1 tests pending results, disaggregated by incarcer- 2 ated persons and correctional facility staff; 3 (F) the average time between testing an 4 incarcerated person for COVID–19 and receiv- 5 ing the results of the COVID–19 diagnostic 6 test; and 7 (G) the average time between testing a 8 correctional facility employee for COVID–19 9 and receiving the results of the COVID–19 di- 10 agnostic test. 11 (3) CASE OUTCOMES.—COVID–19 case out- 12 comes, including cumulative and new (since the pre- 13 vious report) counts of— 14 (A) the number of incarcerated persons 15 hospitalized for a case of COVID–19; 16 (B) the number of incarcerated persons 17 who have recovered from COVID–19; 18 (C) the number of incarcerated persons 19 currently in quarantine or medical isolation for 20 infection with or exposure to COVID–19; 21 (D) the number of incarcerated persons 22 who have completed quarantine or been released 23 from medical isolation; 24 VerDate Sep 11 2014 04:03 Sep 01, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7983.IH H7983 SSpencer on DSK126QN23PROD with BILLS 12 •HR 7983 IH (E) the number of incarcerated persons 1 who have died from a case of COVID–19; 2 (F) the number of correctional facility 3 staff hospitalized for a case of COVID–19; 4 (G) the number of correctional facility 5 staff who have recovered from COVID–19; and 6 (H) the number of correctional facility 7 staff who have died from a case of COVID–19. 8 (4) RELEASE OF INCARCERATED PERSONS.—In 9 the case of incarcerated persons, data related to the 10 release of such incarcerated persons, including indi- 11 viduals released to home confinement and pursuant 12 to compassionate release, as a result of the COVID– 13 19 public health emergency. 14 (5) DAILY POPULATION.—Average daily popu- 15 lation for the week preceding the COVID–19 emer- 16 gency data collection period and for all weeks during 17 this period. 18 (b) DISAGGREGATION OF DATA.—The data [Text truncated for display. 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