,,ii  #aagth ,,congress  #ast ,session  
,s4 #cbd  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,february #ab1      
#bjba,ms4 ,warren 7for herself1 ,mrs4   
,murray1 ,mr4 ,booker1 ,mr4 ,markey1    
,mr4 ,blumenthal1 ,ms4 ,baldwin1 ,mr4   
,casey1 ,mr4 ,wyden1 ,mr4 ,van ,hollen1 
,mr4 ,merkley1 ,mr4 ,brown1 ,ms4        
,hirono1 and ,ms4 ,duckworth7 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   
,state or local 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 ,test 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 positive tests of   
,,covid-#ai among incarcerated persons1 
disaggregated by first-time ,,covid-#ai 
diagnostic tests and retests2  7,b7 the 
number of confirmed negative tests of   
,,covid-#ai among incarcerated persons1 
disaggregated by first-time ,,covid-#ai 
diagnostic tests and retests2  7,c7 the 
number of confirmed positive tests of   
,,covid-#ai among correctional facility 

staff1 disaggregated by first-time      
,,covid-#ai diagnostic tests and        
retests2  7,d7 the number of confirmed  
negative tests 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 with  
,,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     
exposure to or infection with           
,,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 with ,,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 

population1 the number of individuals   
who were newly admitted to the facility1
 and the number of individuals who were 
released from the facility for the week 
preceding the ,,covid-#ai emergency data
 collection period and for all weeks    
during this period4  7#f7 ,vaccinations 
,data related to distribution of the    
,,covid-#ai vaccine1 including-- 7,a7   
the policies of the facility relating to
 the distribution of the ,,covid-#ai    
vaccination to incarcerated persons and 
correctional facility staff1 including  
how the facility is prioritizing        
distribution1 both among correctional   
facility staff and incarcerated persons1
 and any changes or updates made to the 
policies2  7,b7 the total number of     
,,covid-#ai vaccine doses that the      
facility has received up to the date of 
the report2  7,c7 the total number and  
percentage of incarcerated persons who--
 7i7 have been offered a ,,covid-#ai    
vaccine2  7ii7 have received a first    
dose of the ,,covid-#ai vaccine up to   

the date of the report2  7iii7 are fully
 vaccinated1 either because the person  
received a second dose of the           
,,covid-#ai vaccine or because the      
,,covid-#ai vaccine the person received 
required only #a dose2  7iv7 declined   
the ,,covid-#ai vaccine2 and  7v7 are   
housed in a skilled nursing level       
housing unit or hospice and have-- 7,i7 
not received the ,,covid-#ai vaccine2   
7,,ii7 accepted the ,,covid-#ai vaccine2
 and  7,,iii7 decline the ,,covid-#ai   
vaccine2  7,d7 the total number and     
percentage of correctional facility     
staff-- 7i7 have been offered a         
,,covid-#ai vaccine2  7ii7 have received
 a first dose of the ,,covid-#ai vaccine
 in up to the date of the report2  7iii7
 are fully vaccinated1 either because   
the person received a second dose of the
 ,,covid-#ai vaccine or because the     
,,covid-#ai vaccine the person received 
required only #a dose2 and  7iv7        
declined the ,,covid-#ai vaccine2 and   
7,e7 in the case of incarcerated persons

 and correctional facility staff        
described in subparagraph 7,c77iv7 or   
7,d77iv71 respectively1 the #c most     
common reasons given for declining the  
,,covid-#ai vaccine4  7b7               
,disaggregation of data ,the data       
described in this section shall be      
disaggregated by sex 7including sexual  
orientation and gender identity71 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