II 

117TH CONGRESS 

1ST SESSION S. 681 

To report data on COVID–19 immigration detention facilities and local correctional facilities that contract with U.S. Immigration and Customs 

Enforcement, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 10, 2021 

Ms. WARREN (for herself, Mr. BOOKER, Mr. MERKLEY, Mr. BLUMENTHAL, 

Mr. MARKEY, Ms. BALDWIN, Mr. WYDEN, Mr. SANDERS, Ms. KLOBUCHAR, Mr. VAN HOLLEN, Ms. CORTEZ MASTO, Mr. PADILLA, Ms. 

ROSEN, Ms. HIRONO, Mr. BROWN, Mrs. FEINSTEIN, and Mr. MENENDEZ) introduced the following bill; which was read twice and referred to 

the Committee on Homeland Security and Governmental Affairs 

A BILL 

To report data on COVID–19 immigration detention facilities 

and local correctional facilities that contract with U.S. 

Immigration and Customs Enforcement, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘COVID–19 in Immi5 gration Detention Data Transparency Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CBP DETENTION FACILITY.—The term 

4 ‘‘CBP detention facility’’ means any facility used by 

5 U.S. Customs and Border Protection to detain non6 citizens. 

7 (2) CDC DIRECTOR.—The term ‘‘CDC Direc8 tor’’ means the Director of the Centers for Disease 

9 Control and Prevention. 

10 (3) CONTRACT DETENTION FACILITY.—The 

11 term ‘‘contract detention facility’’ means any facility 

12 used for the detention of noncitizens that is operated 

13 by a government agency or a private entity that has 

14 contracted with U.S. Immigration and Customs En15 forcement, U.S. Customs and Border Protection, or 

16 the Office of Refugee Resettlement to provide such 

17 detention services, including service processing cen18 ters, juvenile detention facilities, family residential 

19 centers, facilities holding noncitizens awaiting re20 moval, holding facilities, and similar facilities oper21 ating under an intergovernmental service agreement 

22 with any of such Federal agencies, including inter23 governmental agreements with the United States 

24 Marshals Service. 


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1 (4) COVID–19.—The term ‘‘COVID–19’’ 

2 means the 2019 novel coronavirus disease caused by 

3 the SARS–CoV–2 virus. 

4 (5) COVID–19 DIAGNOSTIC TEST.—The term 

5 ‘‘COVID–19 diagnostic test’’ means a test— 

6 (A) that is an in vitro diagnostic product 

7 (as defined in section 809.3 of title 21, Code of 

8 Federal Regulations) for the detection of 

9 SARS–CoV–2; and 

10 (B) the administration of which— 

11 (i) is approved, cleared, or authorized 

12 under section 510(k), 513, 515, or 564 of 

13 the Federal Food, Drug, and Cosmetic Act 

14 (21 U.S.C. 360(k), 360c, 360e, 360bbb–3); 

15 (ii) the developer has requested, or in16 tends to request, emergency use authoriza17 tion under section 564 of the Federal 

18 Food, Drug, and Cosmetic Act (21 U.S.C. 

19 360bbb–3), unless and until the emergency 

20 use authorization request under such sec21 tion 564 has been denied or the developer 

22 of such test does not submit a request 

23 under such section within a reasonable 

24 timeframe; 


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1 (iii) is developed in and authorized by 

2 a State that has notified the Secretary of 

3 Health and Human Services of its inten4 tion to review tests intended to diagnose 

5 COVID–19; or 

6 (iv) is another test that the Secretary 

7 determines appropriate in guidance. 

8 (6) COVID–19 EMERGENCY DATA COLLECTION

9 PERIOD.—The term ‘‘COVID–19 emergency data 

10 collection period’’ means the period beginning on the 

11 date of enactment of this Act and ending on the 

12 date that is 1 year after the date on which the pub13 lic health emergency declaration under section 319 

14 of the Public Health Service Act (42 U.S.C. 247d), 

15 with respect to COVID–19, terminates. 

16 (7) COVID–19 RISK FACTORS.—The term 

17 ‘‘COVID–19 risk factors’’ includes advanced age, 

18 underlying conditions, and other factors identified by 

19 the Centers for Disease Control and Prevention. 

20 (8) FACILITY STAFF.—The term ‘‘facility staff’’ 

21 includes all individuals who work in a detention fa22 cility, including any individual who regularly reports 

23 for work within the detention facility, regardless of 

24 the actual employer of such individual. 


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1 (9) ICE DETENTION FACILITY.—The term 

2 ‘‘ICE detention facility’’ means any facility used by 

3 U.S. Immigration and Customs Enforcement to de4 tain or process noncitizens, including service proc5 essing centers and hold rooms. 

6 (10) ORR CONTRACTED FACILITY OR PRO7 GRAM.—The term ‘‘ORR contracted facility or pro8 gram’’ means any facility or program in which unac9 companied noncitizen children are in the care and 

10 custody of the Department of Health and Human 

11 Services. 

12 (11) PUBLIC HEALTH EMERGENCY.—The term 

13 ‘‘public health emergency’’ means— 

14 (A) a national emergency involving Federal 

15 primary responsibility determined to exist by 

16 the President under section 501(b) of the Rob17 ert T. Stafford Disaster Relief and Emergency 

18 Assistance Act (42 U.S.C. 5191(b)) with re19 spect to a communicable disease; 

20 (B) a national emergency declared by the 

21 President under sections 201 and 301 of the 

22 National Emergencies Act (50 U.S.C. 1621 and 

23 1631) with respect to a communicable disease; 

24 (C) a national public health emergency de25 clared by the Secretary of Health and Human 


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1 Services under section 319 of the Public Health 

2 Service Act (42 U.S.C. 247d); or 

3 (D) a global pandemic declared by the 

4 World Health Organization. 

5 SEC. 3. COVID–19 DATA COLLECTION REQUIREMENTS. 

6 (a) FEDERAL DETENTION FACILITIES.—The Direc7 tor of U.S. Immigration and Customs Enforcement, the 

8 Commissioner of U.S. Customs and Border Protection, the 

9 Director of the Office of Refugee Resettlement, and any 

10 senior official acting in, or performing the duties of, any 

11 such position shall, during the COVID–19 emergency data 

12 collection period— 

13 (1) post daily updates on the public website of 

14 the applicable agency containing the information de15 scribed in section 5 with respect to staff working at 

16 ICE detention facilities, CBP detention facilities, or 

17 ORR contracted facilities or programs, respectively, 

18 and noncitizens detained at such facilities or served 

19 by such programs; 

20 (2) archive, on a weekly basis, the data de21 scribed in paragraph (1) so that it remains publicly 

22 accessible and in a machine readable format; and 

23 (3) beginning not later than the earlier of the 

24 date that is 14 days after the date on which the 

25 CDC Director publishes the guidance required under 


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1 section 4(a) or 45 days after the date of the enact2 ment of this Act, submit weekly reports to the CDC 

3 Director containing the information described in sec4 tion 5. 

5 (b) CONTRACT DETENTION FACILITIES.— 

6 (1) IN GENERAL.—Beginning not later than the 

7 earlier of the date that is 14 days after the date on 

8 which the CDC Director publishes the guidance re9 quired under section 4(a) or 45 days after the date 

10 of the enactment of this Act, the head of each con11 tract detention facility shall— 

12 (A) submit weekly reports to the Federal 

13 agency with which the facility is under contract 

14 and the public health authority of the State in 

15 which the facility is located containing the data 

16 described in section 5 with respect to staff 

17 working at such facility and noncitizens de18 tained at such facility; 

19 (B) post weekly updates containing the 

20 data described in subparagraph (A) on the pub21 lic website of the facility, if the facility has a 

22 public website, in a machine readable format, 

23 and archive prior updates so that they remain 

24 publicly accessible; and 


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1 (C) submit weekly reports containing the 

2 data referred to in subparagraph (A) to— 

3 (i) the Immigration Detention Om4 budsman designated pursuant to section 

5 405 of the Homeland Security Act of 2002 

6 (6 U.S.C. 205); and 

7 (ii) the Office for Civil Rights and 

8 Civil Liberties of the Department of 

9 Homeland Security. 

10 (2) SUBMISSION OF INFORMATION TO THE

11 CDC.—Not later than 24 hours after a Federal agen12 cy receives the data described in paragraph (1), the 

13 head of such agency shall— 

14 (A) submit such data to the CDC Director; 

15 and 

16 (B) post such data to the public website of 

17 the agency, disaggregated by individual contract 

18 detention facility, which shall be archived week19 ly and shall remain publicly accessible in a ma20 chine readable format. 

21 (c) USE OF EXISTING APPROPRIATIONS.— 

22 (1) DEPARTMENT OF HEALTH AND HUMAN

23 SERVICES.—The Department of Health and Human 

24 Services shall use amounts otherwise appropriated 


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1 for the Office of Refugee Resettlement to carry out 

2 its responsibilities under this section. 

3 (2) U.S. IMMIGRATION AND CUSTOMS ENFORCE4 MENT.—U.S. Immigration and Customs Enforce5 ment shall use amounts otherwise appropriated to 

6 the Custody Operations Account to carry out its re7 sponsibilities under this section. 

8 (3) U.S. CUSTOMS AND BORDER PROTEC9 TION.—U.S. Customs and Border Protection shall 

10 use amounts otherwise appropriated to the Procure11 ment, Construction, and Improvements Account to 

12 carry out its responsibilities under this section. 

13 SEC. 4. CDC REPORTS. 

14 (a) GUIDANCE.—Not later than 30 days after the 

15 date of enactment of this Act, the CDC Director shall 

16 issue guidance for immigration detention facilities regard17 ing— 

18 (1) the categories of data required to be re19 ported under this Act; and 

20 (2) how the CDC Director will determine 

21 whether a Federal or State agency is in compliance 

22 with the requirements under this Act. 

23 (b) PUBLICATION ON WEBSITE.— 

24 (1) IN GENERAL.—Not later than 7 days after 

25 data is reported to the Centers for Disease Control 


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1 and Prevention pursuant to section 3, the CDC Di2 rector shall make such data available to the public 

3 on the website of the Centers for Disease Control 

4 and Prevention, including all data reported by U.S. 

5 Immigration and Customs Enforcement, U.S. Cus6 toms and Border Protection, and the Office of Ref7 ugee Resettlement. 

8 (2) WEEKLY ARCHIVAL.—The data referred to 

9 in paragraph (1) shall be archived weekly and shall 

10 remain publicly accessible in a machine readable for11 mat. 

12 (c) REPORTS TO CONGRESS.—Not later than 60 days 

13 after the date of the enactment of this Act, and monthly 

14 thereafter during the COVID–19 emergency data collec15 tion period, the CDC Director shall submit a report to 

16 the Committee on Homeland Security and Governmental 

17 Affairs of the Senate, the Committee on Health, Edu18 cation, Labor, and Pensions of the Senate, the Committee 

19 on the Judiciary of the Senate, the Committee on Home20 land Security of the House of Representatives, the Com21 mittee on Energy and Commerce of the House of Rep22 resentatives, and the Committee on the Judiciary of the 

23 House of Representatives that— 

24 (1) summarizes the information submitted by 

25 U.S. Immigration and Customs Enforcement, U.S. 


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1 Customs and Border Protection, the Office of Ref2 ugee Resettlement, and State public health authori3 ties pursuant to section 3; and 

4 (2) analyzes the trends and patterns of the dis5 ease outbreak and the care provided in immigration 

6 detention facilities and contracted facilities. 

7 SEC. 5. COVID–19 DATA. 

8 (a) IN GENERAL.—The data described in this section 

9 is the following data with respect to each ICE, CBP, ORR, 

10 and contract detention facility: 

11 (1) TESTING NUMBERS.—Data related to 

12 COVID–19 diagnostic testing by such facilities, in13 cluding cumulative and new (since the previous 

14 weekly report) counts of— 

15 (A) the number of detained noncitizens 

16 tested for COVID–19, including the dates on 

17 which such tests were administered, 

18 disaggregated by— 

19 (i) first-time COVID–19 diagnostic 

20 tests and retests; and 

21 (ii) symptomatic and asymptomatic; 

22 (B) the number of detained noncitizens 

23 who have requested COVID–19 testing, includ24 ing the number of such requests that were de25 nied and the reasons for such denials; 


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1 (C) the number of facility staff tested for 

2 COVID–19, disaggregated by first-time 

3 COVID–19 diagnostic tests and retests; and 

4 (D) the COVID–19 diagnostic test devel5 oper and test name for each COVID–19 diag6 nostic test conducted. 

7 (2) TEST RESULTS.—Data related to COVID– 

8 19 diagnostic testing outcomes, including cumulative 

9 and new (since the previous weekly report) counts 

10 of— 

11 (A) the number of confirmed active cases 

12 of COVID–19 among detained noncitizens, 

13 disaggregated by— 

14 (i) first-time COVID–19 diagnostic 

15 tests and retests; and 

16 (ii) the COVID–19 diagnostic test de17 veloper and test name for each COVID–19 

18 diagnostic test used to confirm each active 

19 case; 

20 (B) the number of confirmed negative 

21 cases of COVID–19 among detained nonciti22 zens, disaggregated by— 

23 (i) first-time COVID–19 diagnostic 

24 tests and retests; and 


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1 (ii) the COVID–19 diagnostic test de2 veloper and test name for each COVID–19 

3 diagnostic test used to confirm each nega4 tive case; 

5 (C) the number of confirmed active cases 

6 of COVID–19 among detention facility staff, 

7 disaggregated by— 

8 (i) first-time COVID–19 diagnostic 

9 tests and retests; and 

10 (ii) the COVID–19 diagnostic test de11 veloper and test name for each COVID–19 

12 diagnostic test used to confirm each active 

13 case; 

14 (D) the number of confirmed negative 

15 cases of COVID–19 among detention facility 

16 staff, disaggregated by— 

17 (i) first-time COVID–19 diagnostic 

18 tests and retests; and 

19 (ii) the COVID–19 diagnostic test de20 veloper and test name for each COVID–19 

21 diagnostic test used to confirm each nega22 tive case; 

23 (E) the number of COVID–19 diagnostic 

24 tests pending results, disaggregated by detained 

25 noncitizens and detention facility staff; 


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1 (F) the average time between testing a de2 tained person for COVID–19 and receiving the 

3 results of the COVID–19 diagnostic test; and 

4 (G) the average time between testing a de5 tention facility employee for COVID–19 and re6 ceiving the results of the COVID–19 diagnostic 

7 test. 

8 (3) CASE OUTCOMES.—COVID–19 case out9 comes, including cumulative and new (since the pre10 vious report) counts of— 

11 (A) the number of detained noncitizens 

12 hospitalized for a case of COVID–19, including 

13 the locations of the hospitals at which the non14 citizens are receiving treatment; 

15 (B) the number of detained noncitizens 

16 who have recovered from COVID–19; 

17 (C) the number of detained noncitizens 

18 currently in quarantine and the number of de19 tained noncitizens in medical isolation for infec20 tion with or exposure to COVID–19; 

21 (D) the number of detained noncitizens 

22 who have completed quarantine and the number 

23 of detained noncitizens who have been released 

24 from medical isolation; 


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1 (E) the number of detained noncitizens 

2 identified as having 1 or more COVID–19 risk 

3 factors; 

4 (F) the number of noncitizens who have 

5 been released from detention because of 1 or 

6 more COVID–19 risk factors, disaggregated by 

7 their applicable risk factor; 

8 (G) the number of detained noncitizens 

9 with active COVID–19 cases in the previous 

10 weekly report who are not included in the 

11 present report, disaggregated by the specific 

12 reason for such exclusion, including release, 

13 negative COVID–19 test, transfer, removal 

14 from the United States, and absence of 

15 COVID–19 symptoms; 

16 (H) the number of detained noncitizens 

17 who have died from COVID–19; 

18 (I) the number of detained noncitizens who 

19 died after testing positive for COVID–19, but 

20 the official cause of death was not COVID–19; 

21 (J) the number of detention facility staff 

22 hospitalized for a case of COVID–19; 

23 (K) the number of detention facility staff 

24 who have recovered from COVID–19; and 


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1 (L) the number of detention facility staff 

2 who have died from a case of COVID–19. 

3 (4) GENERAL MEDICAL ATTENTION.—The num4 ber of detained noncitizens who have requested gen5 eral medical attention, including the number of such 

6 requests that were denied and the reasons for such 

7 denials. 

8 (5) DAILY POPULATION.—Average daily popu9 lation of detained noncitizens for the week preceding 

10 the COVID–19 emergency data collection period and 

11 for all weeks during such period. 

12 (6) VACCINATIONS.—Data related to distribu13 tion of the COVID–19 vaccine, including— 

14 (A) the policies of the facility relating to 

15 the distribution of the COVID–19 vaccination 

16 to detained noncitizen persons and detention fa17 cility staff, including— 

18 (i) how the facility is prioritizing dis19 tribution among detention facility staff and 

20 detained noncitizens; and 

21 (ii) any changes or updates made to 

22 the policies; 

23 (B) the total number of COVID–19 vac24 cine doses that the facility has received up to 

25 the date of the report, disaggregated by the 


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1 types of COVID–19 vaccine the facility has re2 ceived; 

3 (C) the number of COVID–19 vaccine 

4 doses that the facility has in inventory as of the 

5 date of the report, disaggregated by the types 

6 of COVID–19 vaccine the facility has in inven7 tory; 

8 (D) the total number and percentage of de9 tained noncitizens— 

10 (i) who have been offered a COVID– 

11 19 vaccine, disaggregated by the types of 

12 COVID–19 vaccine offered at each facility; 

13 (ii) who received a first dose of the 

14 COVID–19 vaccine during the week imme15 diately preceding the date of the report, 

16 disaggregated by the types of COVID–19 

17 vaccine administered at each facility; 

18 (iii) who received a first dose of the 

19 COVID–19 vaccine before the date of the 

20 report, disaggregated by the type of 

21 COVID–19 vaccine administered at each 

22 facility; 

23 (iv) who are fully vaccinated, either 

24 because the person received a second dose 

25 of the COVID–19 vaccine or because the 


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1 COVID–19 vaccine the person received re2 quired only 1 dose, disaggregated by the 

3 type of COVID–19 vaccine administered at 

4 each facility; and 

5 (v) who refused the COVID–19 vac6 cine; 

7 (E) the total number and percentage of de8 tention facility staff— 

9 (i) who have been offered a COVID– 

10 19 vaccine, disaggregated by the type of 

11 COVID–19 vaccine offered at each facility; 

12 (ii) who received a first dose of the 

13 COVID–19 vaccine during the week imme14 diately preceding the date of the report, 

15 disaggregated by the type of COVID–19 

16 vaccine administered at each facility; 

17 (iii) who received a first dose of the 

18 COVID–19 vaccine before the date of the 

19 report, disaggregated by the types of 

20 COVID–19 vaccine administered at each 

21 facility; 

22 (iv) who are fully vaccinated, either 

23 because the person received a second dose 

24 of the COVID–19 vaccine or because the 

25 COVID–19 vaccine the person received reVerDate Sep 11 2014 18:47 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S681.IS S681

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1 quired only 1 dose, disaggregated by the 

2 type of COVID–19 vaccine administered at 

3 each facility; or 

4 (v) who refused the COVID–19 vac5 cine; and 

6 (F) in the case of detained noncitizens and 

7 detention facility staff described in subpara8 graph (D)(v) or (E)(v), respectively, the 3 most 

9 common reasons given for refusing the COVID– 

10 19 vaccine. 

11 (7) TRANSFERRED NONCITIZENS.—Data re12 lated to the COVID–19 testing, results, and case 

13 outcomes (at the time of release) of noncitizens who 

14 were transferred between detention facilities during 

15 the reporting period, including— 

16 (A) the number of all individuals who were 

17 transferred, including— 

18 (i) the dates on which such transfers 

19 occurred; 

20 (ii) the number of such noncitizens 

21 who were tested and received a result be22 fore their transfer; and 

23 (iii) the number of such noncitizens 

24 who were not tested or did not receive a 

25 result before their transfer; 


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1 (B) the purposes of such transfers; 

2 (C) the dates on which COVID–19 testing 

3 occurred during the transfer process; 

4 (D) the number of transferees who tested 

5 positive at any point during the transfer proc6 ess; 

7 (E) the number of positive COVID–19 

8 cases in the transferring facility and in the ar9 riving facility at the time of each such transfer; 

10 (F) the number of transferees who received 

11 a first dose of the COVID–19 vaccine before 

12 being transferred, disaggregated by the type of 

13 COVID–19 vaccine administered; and 

14 (G) the number of transferees who were 

15 fully vaccinated before being transferred, either 

16 because the person received a second dose of 

17 the COVID–19 vaccine or because the COVID– 

18 19 vaccine the person received required only 1 

19 dose, disaggregated by the type of COVID–19 

20 vaccine administered. 

21 (8) RELEASED NONCITIZENS.—Data related to 

22 the COVID–19 testing, results, and case outcomes 

23 (at the time of release) of noncitizens who were re24 leased from detention, and juvenile noncitizens who 

25 were released from the custody of the Department of 


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1 Health and Human Services, during the reporting 

2 period, disaggregated by the type of release, and in3 cluding— 

4 (A) individuals released to alternatives to 

5 detention programs as a result of the COVID– 

6 19 public health emergency; 

7 (B) any recent positive COVID–19 tests 

8 and referrals to external medical care; 

9 (C) the number of noncitizens released who 

10 received a first dose of the COVID–19 vaccine 

11 before being released, disaggregated by the type 

12 of COVID–19 vaccine administered; and 

13 (D) the number of noncitizens who were 

14 fully vaccinated before being released, either be15 cause the person received a second dose of the 

16 COVID–19 vaccine or because the COVID–19 

17 vaccine the person received required only 1 

18 dose, disaggregated by the type of COVID–19 

19 vaccine administered. 

20 (9) REMOVED NONCITIZENS.—Data related to 

21 the COVID–19 testing, results, and case outcomes 

22 (at the time of removal or expulsion) of noncitizens 

23 who were deported from an ICE, CBP, ORR, or 

24 contract detention facility during the reporting pe25 riod, including— 


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1 (A) any recent positive COVID–19 tests 

2 and referrals to external medical care; 

3 (B) the number of noncitizens removed or 

4 expelled from the United States; 

5 (C) the number of such noncitizens who 

6 were tested and received a result before their 

7 removal or expulsion; 

8 (D) the number of such noncitizens who 

9 were not tested or did not receive a result be10 fore their removal or expulsion; 

11 (E) the number of such noncitizens who 

12 received a first dose of the COVID–19 vaccine 

13 before their removal, disaggregated by the type 

14 of COVID–19 vaccine administered; 

15 (F) the number of such noncitizens who 

16 were fully vaccinated before their removal, ei17 ther because the person received a second dose 

18 of the COVID–19 vaccine or because the 

19 COVID–19 vaccine the person received required 

20 only 1 dose, disaggregated by the type of 

21 COVID–19 vaccine administered; and 

22 (G) the countries to which noncitizens are 

23 removed or expelled from the United States. 


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1 (10) BOOK-INS.—Data related to facility book2 ins, including cumulative and new (since the pre3 vious report) counts of— 

4 (A) the number of noncitizens booked into 

5 each facility, disaggregated by— 

6 (i) initial and total book-ins (including 

7 transfers); 

8 (ii) arresting agency; 

9 (iii) initial book-ins from ORR cus10 tody (if applicable); and 

11 (iv) initial book-ins from other Fed12 eral, State, or local government agencies, 

13 including the United States Marshals Serv14 ice and the Bureau of Prisons. 

15 (11) FACILITY STAFF.—The total number of fa16 cility staff during the current reporting period. 

17 (b) DISAGGREGATION OF DATA.— 

18 (1) IN GENERAL.—The data described in sub19 section (a) shall be disaggregated by sex, sexual ori20 entation, gender identity, age, race, ethnicity, dis21 ability, language spoken, last known place of resi22 dence, location at which the individual is being de23 tained, nationality, and statutory authority for de24 tention. 


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1 (2) EXCLUSION OF INDIVIDUALS INCARCER2 ATED FOR NONIMMIGRATION REASONS AT CONTRACT

3 DETENTION FACILITIES.—Data regarding individ4 uals incarcerated at contract detention facilities for 

5 nonimmigration reasons shall be excluded from the 

6 data described in subsection (a). 

7 (c) DETENTION PERIOD.—The data described in sub8 section (a) with respect to detained noncitizens who are 

9 infected with COVID–19 shall include, to the extent prac10 ticable, the period of their detention. 

11 SEC. 6. PRIVACY PROTECTIONS. 

12 (a) IN GENERAL.—Any data collected, stored, re13 ceived, or published under this Act— 

14 (1) shall be collected, stored, received, or pub15 lished in a manner that protects the privacy of indi16 viduals whose information is included in such data; 

17 (2) shall be de-identified or anonymized in a 

18 manner that protects the identity of all individuals 

19 whose information is included in such data; 

20 (3) shall comply with privacy protections pro21 vided under the regulations promulgated under sec22 tion 264(c) of the Health Insurance Portability and 

23 Accountability Act of 1996 (42 U.S.C. 1320d–2 

24 note); and 


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1 (4) shall be limited in use for the purpose of 

2 public health and be protected from all other inter3 nal use by any entity that collects, stores, or receives 

4 the data, including use of such data in determina5 tions of eligibility (or continued eligibility) in health 

6 plans, and from any other inappropriate uses. 

7 (b) RESTRICTION ON USE OF COVID–19 STATUS IN

8 IMMIGRATION PROCEEDINGS.—The Government may not 

9 use an noncitizen’s positive COVID–19 test, an nonciti10 zen’s treatment for COVID–19 symptoms, or the state of 

11 the COVID–19 pandemic in the noncitizen’s country of 

12 origin as evidence against the noncitizen in any immigra13 tion proceeding, including— 

14 (1) a proceeding to determine if the noncitizen 

15 is a public charge; and 

16 (2) proceedings involving asylum, withholding of 

17 removal, and protection under the Convention 

18 against Torture and Other Cruel, Inhuman or De19 grading Treatment or Punishment, done at New 

20 York December 10, 1984. 

21 SEC. 7. COVID–19 SAFETY PROTOCOLS AND PRACTICES. 

22 (a) IN GENERAL.—Not later than 30 days after the 

23 date of the enactment of this Act, the Director of U.S. 

24 Immigration and Customs Enforcement, the Commis25 sioner of U.S. Customs and Border Protection, the DirecVerDate Sep 11 2014 18:47 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S681.IS S681

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1 tor of the Office of Refugee Resettlement, and any senior 

2 official acting in, or performing the duties of, any such 

3 position shall submit a report to the congressional commit4 tees referred to in section 4(c) that identifies, for each 

5 detention facility under the jurisdiction of the applicable 

6 agency head, including contract detention facilities, the 

7 protocols and practices for protecting detained noncitizens 

8 from exposure to the novel coronavirus (SARS–CoV–2), 

9 including— 

10 (1) the health standards at the facility, includ11 ing— 

12 (A) the standards for transfer to hospital 

13 or other specialized care; 

14 (B) the procedure for the detained person 

15 to request and obtain a COVID–19 test and as16 sociated results; and 

17 (C) detained noncitizens access to informa18 tion about the facility’s COVID–19 plans and 

19 protocols; 

20 (2) the medical care provided to detained non21 citizens, including— 

22 (A) the specific efforts to cohort smaller 

23 groups of detained people; 

24 (B) the specific efforts to provide humane 

25 medical isolation to symptomatic people, and 


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1 separately, people who have tested positive for 

2 COVID–19; and 

3 (C) the standards for clinical monitoring of 

4 symptomatic and COVID–19 positive detained 

5 persons; and 

6 (3) the sanitation practices at the facility, in7 cluding the frequency and amount of detained non8 citizens’ access to soap and masks. 

9 (b) NOTIFICATION OF OUTBREAK OR EXPOSURE.— 

10 Each detention facility shall create, share, and enforce a 

11 process for notifying anyone who has recently entered or 

12 visited such facility of any COVID–19 outbreak or expo13 sure at such facility. 

14 SEC. 8. ACCESS TO LEGAL COUNSEL. 

15 Not later than 30 days after the date of the enact16 ment of this Act, and monthly thereafter, the Director of 

17 U.S. Immigration and Customs Enforcement, the Com18 missioner of U.S. Customs and Border Protection, the Di19 rector of the Office of Refugee Resettlement, the head of 

20 each contract detention facility, and any senior official act21 ing in, or performing the duties of, any such position shall 

22 submit a report to the congressional committees referred 

23 to in section 4(c) that identifies, for each detention facility 

24 for which he or she is responsible— 


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1 (1) the efforts made to ensure that each noncit2 izen detained in such facility has access to legal 

3 counsel; 

4 (2) if any detained noncitizen does not have ac5 cess to legal counsel, the changes being made to en6 sure universal access to legal counsel; 

7 (3) the number of telephones available to de8 tained noncitizens; 

9 (4) the number of detained noncitizens who 

10 have used the free telephone call minutes available 

11 to them; 

12 (5) the number of detained noncitizens who 

13 have access to video conference technology with their 

14 legal counsel and the number of detained noncitizens 

15 who have used video conference technology to com16 municate with their legal counsel; 

17 (6) the number of computers or internet-en18 abled portable electronic devices available to de19 tained noncitizens; and 

20 (7) the process for notifying the public when 

21 the facility is locked down because of an outbreak, 

22 including the accommodations made during such 

23 lockdowns to provide detained noncitizens with in24 creased access to telephones or videoconferencing. 


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1 SEC. 9. RIGHT OF DETAINED NONCITIZENS TO ACCESS 

2 TEST RESULTS. 

3 The Director of U.S. Immigration and Customs En4 forcement, the Commissioner of U.S. Customs and Border 

5 Protection, the Director of the Office of Refugee Resettle6 ment, the head of each contract detention facility, and any 

7 senior official acting in, or performing the duties of, any 

8 such position shall ensure that each detained noncitizen 

9 receives the results of, and any medical records related 

10 to, any COVID–19 diagnostic test administered to the 

11 noncitizen, in the noncitizen’s preferred language, and in 

12 a private and confidential manner, not later than 24 hours 

13 after such results become available. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS