COVID–19 in Corrections Data Transparency Act

II 116TH CONGRESS 2D SESSION S. 4536 To report data on COVID–19 in Federal, State, and local correctional facilities, and for other purposes. IN THE SENATE OF THE UNITED STATES SEPTEMBER 8, 2020 Ms. WARREN (for herself, Mrs. MURRAY, Mr. BOOKER, Mr. BLUMENTHAL, Mr. MARKEY, Mr. SANDERS, Mr. DURBIN, Ms. BALDWIN, Mr. CASEY, Mr. WYDEN, Mr. VAN HOLLEN, and Mr. MERKLEY) introduced the fol- lowing bill; which was read twice and referred to the Committee on the Judiciary 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 (1) COVID–19.—The term ‘‘COVID–19’’ 8 means Coronavirus Disease 2019. 9 VerDate Sep 11 2014 23:03 Sep 11, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4536.IS S4536 2 •S 4536 IS (2) COVID–19 DIAGNOSTIC TEST.—The term 1 ‘‘COVID–19 diagnostic test’’ means a test— 2 (A) that is an in vitro diagnostic product 3 (as defined in section 809.3 of title 21, Code of 4 Federal Regulations, or any successor thereto) 5 for the detection of SARS–CoV–2 or the diag- 6 nosis of the virus that causes COVID–19; and 7 (B) the administration of which— 8 (i) is approved, cleared, or authorized 9 under section 510(k), 513, 515, or 564 of 10 the Federal Food, Drug, and Cosmetic Act 11 (21 U.S.C. 360(k), 360c, 360e, 360bbb–3); 12 (ii) the developer has requested, or in- 13 tends to request, emergency use authoriza- 14 tion under section 564 of the Federal 15 Food, Drug, and Cosmetic Act (21 U.S.C. 16 360bbb–3), unless and until the emergency 17 use authorization request under such sec- 18 tion 564 has been denied or the developer 19 of such test does not submit a request 20 under such section within a reasonable 21 timeframe; 22 (iii) is developed in and authorized by 23 a State that has notified the Secretary of 24 Health and Human Services of its inten- 25 VerDate Sep 11 2014 23:03 Sep 11, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4536.IS S4536 3 •S 4536 IS tion to review tests intended to diagnose 1 COVID–19; or 2 (iv) is another test that the Secretary 3 determines appropriate in guidance. 4 (3) COVID–19 EMERGENCY DATA COLLECTION 5 PERIOD.—The term ‘‘COVID–19 emergency data 6 collection period’’ means the period beginning on the 7 date of enactment of this Act and ending on the 8 date that is 1 year after the date on which the pub- 9 lic health emergency declaration under section 319 10 of the Public Health Service Act (42 U.S.C. 247d), 11 with respect to COVID–19, terminates. 12 (4) STATE OR LOCAL CORRECTIONAL FACIL- 13 ITY.—The term ‘‘State or local correctional facil- 14 ity’’— 15 (A) means a correctional facility within the 16 jurisdiction of a State or unit of local govern- 17 ment; and 18 (B) includes— 19 (i) a municipal, regional, or county 20 jail; 21 (ii) a State prison; 22 (iii) a State-run boot camp prison; 23 (iv) a boot camp prison that is con- 24 tracted out by the State; 25 VerDate Sep 11 2014 23:03 Sep 11, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4536.IS S4536 4 •S 4536 IS (v) a State or local contract facility; 1 (vi) a juvenile detention facility; 2 (vii) a juvenile secure correctional fa- 3 cility; and 4 (viii) any other local or State correc- 5 tional facility, including any juvenile facil- 6 ity. 7 SEC. 3. BUREAU OF PRISONS AND UNITED STATES MAR- 8 SHALS SERVICE DATA COLLECTION. 9 (a) BUREAU OF PRISONS.—The Director of the Bu- 10 reau of Prisons shall— 11 (1) on a daily basis during the COVID–19 12 emergency data collection period, make available to 13 the public on the website of the Bureau of Prisons 14 a report on the information described in section 6, 15 with respect to incarcerated persons and staff; and 16 (2) not later than 14 days after the date on 17 which the Director of the Centers for Disease Con- 18 trol and Prevention publishes the guidance required 19 under section 5(a), but in no case later than 45 days 20 after the date of enactment of this Act, and not less 21 frequently than once every 7 days thereafter until 22 the date on which the COVID–19 emergency data 23 collection period ends, submit to the Director of the 24 Centers for Disease Control and Prevention every 7 25 VerDate Sep 11 2014 23:03 Sep 11, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4536.IS S4536 5 •S 4536 IS days, a report on the information described in sec- 1 tion 6, with respect to incarcerated persons and 2 staff. 3 (b) UNITED STATES MARSHALS SERVICE.—The Di- 4 rector of the United States Marshals Service shall— 5 (1) on a daily basis during the COVID–19 6 emergency data collection period, make available to 7 the public on the website of the United States Mar- 8 shals Service a report on the information described 9 in section 6, with respect to incarcerated persons in 10 the custody of the United States Marshals Service, 11 including individuals held at or employed by a State 12 or local correctional facility contracted by Federal 13 entities; and 14 (2) not later than 14 days after the date on 15 which the Director of the Centers for Disease Con- 16 trol and Prevention publishes the guidance required 17 under section 5(a), but in no case later than 45 days 18 after the date of enactment of this Act, and not less 19 frequently than once every 7 days thereafter until 20 the date on which the COVID–19 emergency data 21 collection period ends, submit to the Director of the 22 Centers for Disease Control and Prevention every 7 23 days, a report on the information described in sec- 24 VerDate Sep 11 2014 23:03 Sep 11, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4536.IS S4536 6 •S 4536 IS tion 6, with respect to incarcerated persons and 1 staff. 2 SEC. 4. STATE AND LOCAL CORRECTIONAL FACILITY DATA 3 COLLECTION. 4 (a) STATE AND LOCAL REPORTS.— 5 (1) IN GENERAL.—Not later than 14 days after 6 the date on which the Director of the Centers for 7 Disease Control and Prevention publishes the guid- 8 ance required under section 5(a), but in no case 9 later than 45 days after the date of enactment of 10 this Act, and not less frequently than once every 7 11 days thereafter until the date on which the COVID– 12 19 emergency data collection period ends— 13 (A) the head of each State department of 14 corrections and the head of each State juvenile 15 justice agency shall make available to the public 16 on the website of the department, and submit 17 to the public health authority of the State, the 18 data described in section 6, with respect to in- 19 carcerated persons and staff; and 20 (B) the head of each State or local correc- 21 tional facility shall submit to the public health 22 authority of the State or unit of local govern- 23 ment, as the case may be, the data described in 24 VerDate Sep 11 2014 23:03 Sep 11, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4536.IS S4536 7 •S 4536 IS section 6, with respect to incarcerated persons 1 and staff. 2 (2) SUBMISSION OF INFORMATION TO THE 3 CDC.—Not later than 24 hours after a State or local 4 public health authority receives data under para- 5 graph (1), the head of the public health authority 6 shall submit the data to the Director of the Centers 7 for Disease Control and Prevention. 8 (3) BYRNE GRANT AMOUNTS.— 9 (A) IN GENERAL.—If a State or jurisdic- 10 tion within a State fails to comply with the re- 11 quirements under paragraphs (1) and (2) in a 12 fiscal year, the amount the State would other- 13 wise be awarded in the following fiscal year 14 under subpart 1 of part E of title I of the Om- 15 nibus Crime Control and Safe Streets Act of 16 1968 (34 U.S.C. 10151 et seq.) shall be re- 17 duced by 10 percent. 18 (B) REPORT ON COMPLIANCE TO DOJ.— 19 For purposes of carrying out this paragraph, 20 the Director of the Centers for Disease Control 21 and Prevention shall, not later than 30 days 22 after the date on which the Director first re- 23 ceives data from a State or local public health 24 authority and once every 30 days thereafter, 25 VerDate Sep 11 2014 23:03 Sep 11, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4536.IS S4536 8 •S 4536 IS submit to the Attorney General a report detail- 1 ing which States, if any, are not in compliance 2 with this Act. 3 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 4 authorized to be appropriated to the Director of the Cen- 5 ters for Disease Control and Prevention such sums as are 6 necessary to carry out this section. 7 SEC. 5. CDC REPORTS. 8 (a) GUIDANCE.—Not later than 30 days after the 9 date of enactment of this Act, the Director of the Centers 10 for Disease Control and Prevention shall issue guidance 11 for Federal, State, and local correctional facilities on— 12 (1) the categories of data required to be re- 13 ported under this Act; and 14 (2) how the Director will determine whether a 15 State is in compliance with this Act. 16 (b) PUBLICATION ON WEBSITE.—Not later than 7 17 days after data is reported to the Centers for Disease Con- 18 trol and Prevention under section 3 or 4, the Director of 19 the Centers for Disease Control and Prevention shall make 20 the data available to the public on the website of the Cen- 21 ters for Disease Control and Prevention, including all data 22 reported by the Bureau of Prisons, the United States Mar- 23 shals Service, and State and local correctional facilities. 24 VerDate Sep 11 2014 23:03 Sep 11, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4536.IS S4536 9 •S 4536 IS (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 23:03 Sep 11, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4536.IS S4536 10 •S 4536 IS 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 23:03 Sep 11, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4536.IS S4536 11 •S 4536 IS (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 23:03 Sep 11, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4536.IS S4536 12 •S 4536 IS (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 described 19 in this section shall be disaggregated by sex, sexual ori- 20 entation, gender identity, age, race, ethnicity, disability, 21 and geography (including county and State). 22 (c) INCARCERATED PERSONS DATA.—The data de- 23 scribed in this section with respect to incarcerated persons 24 who are serving a term of imprisonment and who are in- 25 VerDate Sep 11 2014 23:03 Sep 11, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S4536.IS S4536 13 •S 4536 IS fected with COVID–19 shall include, to the extent prac- 1 ticable, the term of impri [Text truncated for display. 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