,,ii  #aafth ,,congress  #b;d ,session  
,s4 #decf  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,september #h1 
#bjbj,ms4 ,warren 7for herself1 ,mrs4   
,murray1 ,mr4 ,booker1 ,mr4 ,blumenthal1
 ,mr4 ,markey1 ,mr4 ,sanders1 ,mr4      
,durbin1 ,ms4 ,baldwin1 ,mr4 ,casey1    
,mr4 ,wyden1 ,mr4 ,van ,hollen1 and ,mr4
 ,merkley7 introduced the following     
bill2 which was read twice and referred 
to the ,committee on the ,judiciary  ,a 
,,bill  ,to report data on ,,covid-#ai  
in ,federal1 ,state1 and local          
correctional facilities1 and for other  
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,,covid-#ai in      
,corrections ,data ,transparency ,act4  
#b4 ,definitions ,in this ,act3 7#a7    
,,covid-#ai ,the term ,,covid-#ai means 
,coronavirus ,disease #bjai4  7#b7      
,,covid-#ai diagnostic test ,the term   
,,covid-#ai diagnostic test means a     
test-- 7,a7 that is an in vitro         
diagnostic product 7as defined in       
section #hji4c of title #ba1 ,code of   

,federal ,regulations1 or any successor 
thereto7 for the detection of           
,,sars-,co,v-#b or the diagnosis of the 
virus that causes ,,covid-#ai2 and  7,b7
 the administration of which-- 7i7 is   
approved1 cleared1 or authorized under  
section #eaj7k71 #eac1 #eae1 or #efd of 
the ,federal ,food1 ,drug1 and ,cosmetic
 ,act 7#ba ,u4,s4,c4 #cfj7k71 #cfj;c1   
#cfj;e1 #cfj;bbb-#c72  7ii7 the         
developer has requested1 or intends to  
request1 emergency use authorization    
under section #efd of the ,federal      
,food1 ,drug1 and ,cosmetic ,act 7#ba   
,u4,s4,c4 #cfj;bbb-#c71 unless and until
 the emergency use authorization request
 under such section #efd has been denied
 or the developer of such test does not 
submit a request under such section     
within a reasonable timeframe2  7iii7 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-#ai2 or  7iv7 is       

another test that the ,secretary        
determines appropriate in guidance4     
7#c7 ,,covid-#ai emergency data         
collection period ,the term ,,covid-#ai 
emergency data collection period means  
the period beginning on the date of     
enactment of this ,act and ending on the
 date that is #a year after the date on 
which the public health emergency       
declaration under section #cai of the   
,public ,health ,service ,act 7#db      
,u4,s4,c4 #bdg;d71 with respect to      
,,covid-#ai1 terminates4  7#d7 ,state or
 local correctional facility ,the term  
,state or local correctional facility-- 
7,a7 means a correctional facility      
within the jurisdiction of a ,state or  
unit of local government2 and  7,b7     
includes-- 7i7 a municipal1 regional1 or
 county jail2  7ii7 a ,state prison2    
7iii7 a ,state-run boot camp prison2    
7iv7 a boot camp prison that is         
contracted out by the ,state2  7v7 a    
,state or local contract facility2  7vi7
 a juvenile detention facility2  7vii7 a

 juvenile secure correctional facility2 
and  7viii7 any other local or ,state   
correctional facility1 including any    
juvenile facility4  #c4 ,bureau of      
prisons and ,united ,states ,marshals   
,service data collection  7a7 ,bureau of
 ,prisons ,the ,director of the ,bureau 
of ,prisons shall-- 7#a7 on a daily     
basis during the ,,covid-#ai emergency  
data collection period1 make available  
to the public on the website of the     
,bureau of ,prisons a report on the     
information described in section #f1    
with respect to incarcerated persons and
 staff2 and  7#b7 not later than #ad    
days after the date on which the        
,director of the ,centers for ,disease  
,control and ,prevention publishes the  
guidance required under section #e7;a71 
but in no case later than #de days after
 the date of enactment of this ,act1 and
 not less frequently than once every #g 
days thereafter until the date on which 
the ,,covid-#ai emergency data          
collection period ends1 submit to the   

,director of the ,centers for ,disease  
,control and ,prevention every #g days1 
a report on the information described in
 section #f1 with respect to            
incarcerated persons and staff4  7b7    
,united ,states ,marshals ,service ,the 
,director of the ,united ,states        
,marshals ,service shall-- 7#a7 on a    
daily basis during the ,,covid-#ai      
emergency data collection period1 make  
available to the public on the website  
of the ,united ,states ,marshals        
,service a report on the information    
described in section #f1 with respect to
 incarcerated persons in the custody of 
the ,united ,states ,marshals ,service1 
including individuals held at or        
employed by a ,state or local           
correctional facility contracted by     
,federal entities2 and  7#b7 not later  
than #ad days after the date on which   
the ,director of the ,centers for       
,disease ,control and ,prevention       
publishes the guidance required under   
section #e7;a71 but in no case later    

than #de days after the date of         
enactment of this ,act1 and not less    
frequently than once every #g days      
thereafter until the date on which the  
,,covid-#ai emergency data collection   
period ends1 submit to the ,director of 
the ,centers for ,disease ,control and  
,prevention every #g days1 a report on  
the information described in section #f1
 with respect to incarcerated persons   
and staff4  #d4 ,state and local        
correctional facility data collection   
7a7 ,state and local reports  7#a7 ,in  
general ,not later than #ad days after  
the date on which the ,director of the  
,centers for ,disease ,control and      
,prevention publishes the guidance      
required under section #e7;a71 but in no
 case later than #de days after the date
 of enactment of this ,act1 and not less
 frequently than once every #g days     
thereafter until the date on which the  
,,covid-#ai emergency data collection   
period ends-- 7,a7 the head of each     
,state department of corrections and the

 head of each ,state juvenile justice   
agency shall make available to the      
public on the website of the department1
 and submit to the public health        
authority of the ,state1 the data       
described in section #f1 with respect to
 incarcerated persons and staff2 and    
7,b7 the head of each ,state or local   
correctional facility shall submit to   
the public health authority of the      
,state or unit of local government1 as  
the case may be1 the data described in  
section #f1 with respect to incarcerated
 persons and staff4  7#b7 ,submission of
 information to the ,,cdc ,not later    
than #bd hours after a ,state or local  
public health authority receives data   
under paragraph 7#a71 the head of the   
public health authority shall submit the
 data to the ,director of the ,centers  
for ,disease ,control and ,prevention4  
7#c7 ,byrne grant amounts  7,a7 ,in     
general ,if a ,state or jurisdiction    
within a ,state fails to comply with the
 requirements under paragraphs 7#a7 and 

7#b7 in a fiscal year1 the amount the   
,state would otherwise be awarded in the
 following fiscal year under subpart #a 
of part ,e of title ,i of the ,omnibus  
,crime ,control and ,safe ,streets ,act 
of #aifh 7#cd ,u4,s4,c4 #ajaea et seq47 
shall be reduced by #aj percent4  7,b7  
,report on compliance to ,,doj ,for     
purposes of carrying out this paragraph1
 the ,director of the ,centers for      
,disease ,control and ,prevention shall1
 not later than #cj days after the date 
on which the ,director first receives   
data from a ,state or local public      
health authority and once every #cj days
 thereafter1 submit to the ,attorney    
,general a report detailing which       
,states1 if any1 are not in compliance  
with this ,act4  7b7 ,authorization of  
appropriations ,there is authorized to  
be appropriated to the ,director of the 
,centers for ,disease ,control and      
,prevention such sums as are necessary  
to carry out this section4  #e4 ,,cdc   
,reports  7a7 ,guidance ,not later than 

#cj days after the date of enactment of 
this ,act1 the ,director of the ,centers
 for ,disease ,control and ,prevention  
shall issue guidance for ,federal1      
,state1 and local correctional          
facilities on-- 7#a7 the categories of  
data required to be reported under this 
,act2 and  7#b7 how the ,director will  
determine whether a ,state is in        
compliance with this ,act4  7b7         
,publication on website ,not later than 
#g days after data is reported to the   
,centers for ,disease ,control and      
,prevention under section #c or #d1 the 
,director of the ,centers for ,disease  
,control and ,prevention shall make the 
data available to the public on the     
website of the ,centers for ,disease    
,control and ,prevention1 including all 
data reported by the ,bureau of         
,prisons1 the ,united ,states ,marshals 
,service1 and ,state and local          
correctional facilities4  7c7 ,reports  
to ,congress ,not later than #fj days   
after the date of enactment of this     

,act1 and every #cj days thereafter     
until the date on which the ,,covid-#ai 
emergency data collection period ends1  
the ,director of the ,centers for       
,disease ,control and ,prevention shall 
compile and submit to ,congress1        
including the ,committees on the        
,judiciary and ,health1 ,education1     
,labor1 and ,pensions of the ,senate and
 the ,committees on the ,judiciary and  
,energy and ,commerce of the ,house of  
,representatives1 a report on the       
information submitted by the ,bureau of 
,prisons1 the ,united ,states ,marshals 
,service1 and the head of each ,state   
department of corrections under sections
 #c and #d1 respectively4  #f4          
,,covid-#ai data  7a7 ,in general ,the  
data described in this section is the   
following data for each ,federal1       
,state1 or local correctional facility  
within a ,state3 7#a7 ,testing numbers  
,,covid-#ai diagnostic testing1         
including cumulative and new 7since the 
previous report7 counts of-- 7,a7 the   

number of incarcerated persons tested   
for ,,covid-#ai1 disaggregated by       
first-time ,,covid-#ai diagnostic tests 
and retests2  7,b7 the number of        
correctional facility staff tested for  
,,covid-#ai1 disaggregated by first-time
 ,,covid-#ai diagnostic tests and       
retests2 and  7,c7 the ,,covid-#ai      
diagnostic test developer and test name 
for each ,,covid-#ai diagnostic test    
conducted4  7#b7 ,test results          
,,covid-#ai diagnostic testing outcomes1
 including cumulative and new 7since the
 previous report7 counts of-- 7,a7 the  
number of confirmed active cases of     
,,covid-#ai among incarcerated persons1 
disaggregated by first-time ,,covid-#ai 
diagnostic tests and retests2  7,b7 the 
number of confirmed negative cases of   
,,covid-#ai among incarcerated persons1 
disaggregated by first-time ,,covid-#ai 
diagnostic tests and retests2  7,c7 the 
number of confirmed active cases of     
,,covid-#ai among correctional facility 
staff1 disaggregated by first-time      

,,covid-#ai diagnostic tests and        
retests2  7,d7 the number of confirmed  
negative cases of ,,covid-#ai among     
correctional facility staff1            
disaggregated by first-time ,,covid-#ai 
diagnostic tests and retests2  7,e7 the 
number of ,,covid-#ai diagnostic tests  
pending results1 disaggregated by       
incarcerated persons and correctional   
facility staff2  7,f7 the average time  
between testing an incarcerated person  
for ,,covid-#ai and receiving the       
results of the ,,covid-#ai diagnostic   
test2 and  7,g7 the average time between
 testing a correctional facility        
employee for ,,covid-#ai and receiving  
the results of the ,,covid-#ai          
diagnostic test4  7#c7 ,case outcomes   
,,covid-#ai case outcomes1 including    
cumulative and new 7since the previous  
report7 counts of-- 7,a7 the number of  
incarcerated persons hospitalized for a 
case of ,,covid-#ai2  7,b7 the number of
 incarcerated persons who have recovered
 from ,,covid-#ai2  7,c7 the number of  

incarcerated persons currently in       
quarantine or medical isolation for     
infection with or exposure to           
,,covid-#ai2  7,d7 the number of        
incarcerated persons who have completed 
quarantine or been released from medical
 isolation2  7,e7 the number of         
incarcerated persons who have died from 
a case of ,,covid-#ai2  7,f7 the number 
of correctional facility staff          
hospitalized for a case of ,,covid-#ai2 
7,g7 the number of correctional facility
 staff who have recovered from          
,,covid-#ai2 and  7,h7 the number of    
correctional facility staff who have    
died from a case of ,,covid-#ai4  7#d7  
,release of incarcerated persons ,in the
 case of incarcerated persons1 data     
related to the release of such          
incarcerated persons1 including         
individuals released to home confinement
 and pursuant to compassionate release1 
as a result of the ,,covid-#ai public   
health emergency4  7#e7 ,daily          
population ,average daily population for

 the week preceding the ,,covid-#ai     
emergency data collection period and for
 all weeks during this period4  7b7     
,disaggregation of data ,the data       
described in this section shall be      
disaggregated by sex1 sexual            
orientation1 gender identity1 age1 race1
 ethnicity1 disability1 and geography   
7including county and ,state74  7c7     
,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-#ai shall include1
 to the extent practicable1 the term of 
imprisonment imposed on such            
incarcerated persons and the time served
 on such term of imprisonment4  #g4     
,privacy protections ,any data          
collected1 stored1 received1 or         
published under this ,act shall-- 7#a7  
be so collected1 stored1 received1 or   
published in a manner that protects the 
privacy of individuals whose information
 is included in such data2  7#b7 be     

de-identified or anonymized in a manner 
that protects the identity of all       
individuals whose information is        
included in such data2  7#c7 comply with
 privacy protections provided under the 
regulations promulgated under section   
#bfd7;c7 of the ,health ,insurance      
,portability and ,accountability ,act of
 #aiif 7#db ,u4,s4,c4 #acbj;d-#b note72 
and  7#d7 be limited in use for the     
purpose of public health and be         
protected from all other internal use by
 any entity that collects1 stores1 or   
receives the data1 including use of such
 data in determinations of eligibility  
7or continued eligibility7 in health    
plans1 and from any other inappropriate 
uses4