II 

116TH CONGRESS 

2D SESSION S. 4984 

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 

DECEMBER 9, 2020 

Ms. WARREN (for herself, Mr. BOOKER, Mr. MARKEY, Mr. VAN HOLLEN, Mr. 

SANDERS, Mr. BLUMENTHAL, Mr. DURBIN, Mr. MERKLEY, Ms. BALDWIN, Ms. KLOBUCHAR, Ms. HIRONO, Mr. WYDEN, Mr. CASEY, Ms. CORTEZ MASTO, and Ms. ROSEN) 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, and similar facilities operating under an 

21 intergovernmental service agreement with any of 

22 such Federal agencies, including intergovernmental 

23 agreements with the United States Marshals Service. 

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

25 means the 2019 novel coronavirus disease caused by 

26 the SARS–CoV–2 virus. 


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

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

3 (A) that is an in vitro diagnostic product 

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

5 Federal Regulations) for the detection of 

6 SARS–CoV–2; 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 in13 tends to request, emergency use authoriza14 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 sec18 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 

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1 tion to review tests intended to diagnose 

2 COVID–19; or 

3 (iv) is another test that the Secretary 

4 determines appropriate in guidance. 

5 (6) COVID–19 EMERGENCY DATA COLLECTION

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

7 collection period’’ means the period beginning on the 

8 date of enactment of this Act and ending on the 

9 date that is 1 year after the date on which the pub10 lic health emergency declaration under section 319 

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

12 with respect to COVID–19, terminates. 

13 (7) FACILITY STAFF.—The term ‘‘facility staff’’ 

14 includes all individuals who work in a detention fa15 cility, including any individual who regularly reports 

16 for work within the detention facility, regardless of 

17 the actual employer of such individual. 

18 (8) ICE DETENTION FACILITY.—The term 

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

20 U.S. Immigration and Customs Enforcement to de21 tain noncitizens, including service processing centers. 

22 (9) ORR CONTRACTED FACILITY OR PRO23 GRAM.—The term ‘‘ORR contracted facility or pro24 gram’’ means any facility or program in which unac25 companied noncitizen children are in the care and 


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1 custody of the Department of Health and Human 

2 Services. 

3 (10) PUBLIC HEALTH EMERGENCY.—The term 

4 ‘‘public health emergency’’ means— 

5 (A) a national emergency involving Federal 

6 primary responsibility determined to exist by 

7 the President under section 501(b) of the Rob8 ert T. Stafford Disaster Relief and Emergency 

9 Assistance Act (42 U.S.C. 5191(b)) with re10 spect to a communicable disease; 

11 (B) a national emergency declared by the 

12 President under sections 201 and 301 of the 

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

14 1631) with respect to a communicable disease; 

15 (C) a national public health emergency de16 clared by the Secretary of Health and Human 

17 Services under section 319 of the Public Health 

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

19 (D) a global pandemic declared by the 

20 World Health Organization. 

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

22 (a) FEDERAL DETENTION FACILITIES.—The Direc23 tor of U.S. Immigration and Customs Enforcement, the 

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

25 Director of the Office of Refugee Resettlement, and any 


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

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

3 collection period— 

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

5 the applicable agency containing the information de6 scribed in section 5 with respect to staff working at 

7 ICE detention facilities, CBP detention facilities, or 

8 ORR contracted facilities or programs, respectively, 

9 and noncitizens detained at such facilities or served 

10 by such programs; 

11 (2) archive, on a weekly basis, the data de12 scribed in paragraph (1) so that it remains publicly 

13 accessible and in a machine readable format; and 

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

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

16 CDC Director publishes the guidance required under 

17 section 4(a) or 45 days after the date of the enact18 ment of this Act, submit weekly reports to the CDC 

19 Director containing the information described in sec20 tion 5. 

21 (b) CONTRACT DETENTION FACILITIES.— 

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

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

24 which the CDC Director publishes the guidance re25 quired under section 4(a) or 45 days after the date 


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1 of the enactment of this Act, the head of each con2 tract detention facility shall— 

3 (A) submit weekly reports to the Federal 

4 agency with which the facility is under contract 

5 and the public health authority of the State in 

6 which the facility is located containing the data 

7 described in section 5 with respect to staff 

8 working at such facility and noncitizens de9 tained at such facility; 

10 (B) post weekly updates containing the 

11 data described in subparagraph (A) on the pub12 lic website of the facility, if the facility has a 

13 public website, in a machine readable format, 

14 and archive prior updates so that they remain 

15 publicly accessible; and 

16 (C) submit weekly reports containing the 

17 data referred to in subparagraph (A) to— 

18 (i) the Immigration Detention Om19 budsman designated pursuant to section 

20 405 of the Homeland Security Act of 2002 

21 (6 U.S.C. 205); and 

22 (ii) the Office for Civil Rights and 

23 Civil Liberties of the Department of 

24 Homeland Security. 


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1 (2) SUBMISSION OF INFORMATION TO THE

2 CDC.—Not later than 24 hours after a Federal agen3 cy receives the data described in paragraph (1), the 

4 head of such agency shall— 

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

6 and 

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

8 the agency, which shall be archived weekly and 

9 shall remain publically accessible in a machine 

10 readable format. 

11 (c) USE OF EXISTING APPROPRIATIONS.— 

12 (1) DEPARTMENT OF HEALTH AND HUMAN

13 SERVICES.—The Department of Health and Human 

14 Services such use amounts otherwise appropriated 

15 for the Office of Refugee Resettlement to carry out 

16 its responsibilities under this section. 

17 (2) U.S. IMMIGRATION AND CUSTOMS ENFORCE18 MENT.—U.S. Immigration and Customs Enforce19 ment shall use amounts otherwise appropriated to 

20 the Custody Operations Account to carry out its re21 sponsibilities under this section. 

22 (3) U.S. CUSTOMS AND BORDER PROTEC23 TION.—U.S. Customs and Border Protection shall 

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1 ment, Construction, and Improvements Account to 

2 carry out its responsibilities under this section. 

3 SEC. 4. CDC REPORTS. 

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

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

6 issue guidance for immigration detention facilities regard7 ing— 

8 (1) the categories of data required to be re9 ported under this Act; and 

10 (2) how the CDC Director will determine 

11 whether a Federal or State agency is in compliance 

12 with the requirements under this Act. 

13 (b) PUBLICATION ON WEBSITE.— 

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

15 data is reported to the Centers for Disease Control 

16 and Prevention pursuant to section 3, the CDC Di17 rector shall make such data available to the public 

18 on the website of the Centers for Disease Control 

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

20 Immigration and Customs Enforcement, U.S. Cus21 toms and Border Protection, and the Office of Ref22 ugee Resettlement. 

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

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


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1 remain publically accessible in a machine readable 

2 format. 

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

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

5 thereafter during the COVID–19 emergency data collec6 tion period, the CDC Director shall submit a report to 

7 Committee on Health, Education, Labor, and Pensions of 

8 the Senate, the Committee on the Judiciary of the Senate, 

9 the Committee on Homeland Security of the House of 

10 Representatives, and the Committee on the Judiciary of 

11 the House of Representatives that— 

12 (1) summarizes the information submitted by 

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

14 Customs and Border Protection, the Office of Ref15 ugee Resettlement, and State public health authori16 ties pursuant to section 3; and 

17 (2) analyzes the trends and patterns of the dis18 ease outbreak and the care provided in immigration 

19 detention facilities and contracted facilities. 

20 SEC. 5. COVID–19 DATA. 

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

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

23 and contract detention facility: 

24 (1) TESTING NUMBERS.—Data related to 

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1 cluding cumulative and new (since the previous 

2 weekly report) counts of— 

3 (A) the number of detained noncitizens 

4 tested for COVID–19, including the dates on 

5 which such tests were administered, disaggre6 gated by— 

7 (i) first-time COVID–19 diagnostic 

8 tests and retests; and 

9 (ii) symptomatic and asymptomatic; 

10 (B) the number of detained noncitizens 

11 who have requested COVID–19 testing, includ12 ing the number of such requests that were de13 nied and the reasons for such denials; 

14 (C) the number of facility staff tested for 

15 COVID–19, disaggregated by first-time 

16 COVID–19 diagnostic tests and retests; and 

17 (D) the COVID–19 diagnostic test devel18 oper and test name for each COVID–19 diag19 nostic test conducted. 

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

21 19 diagnostic testing outcomes, including cumulative 

22 and new (since the previous weekly report) counts 

23 of— 


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1 (A) the number of confirmed active cases 

2 of COVID–19 among detained noncitizens, 

3 disaggregated by— 

4 (i) first-time COVID–19 diagnostic 

5 tests and retests; and 

6 (ii) the COVID–19 diagnostic test de7 veloper and test name for each COVID–19 

8 diagnostic test used to confirm each active 

9 case; 

10 (B) the number of confirmed negative 

11 cases of COVID–19 among detained nonciti12 zens, disaggregated— 

13 (i) by first-time COVID–19 diagnostic 

14 tests and retests; and 

15 (ii) the COVID–19 diagnostic test de16 veloper and test name for each COVID–19 

17 diagnostic test used to confirm each nega18 tive case; 

19 (C) the number of confirmed active cases 

20 of COVID–19 among detention facility staff, 

21 disaggregated by— 

22 (i) first-time COVID–19 diagnostic 

23 tests and retests; and 

24 (ii) the COVID–19 diagnostic test de25 veloper and test name for each COVID–19 


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1 diagnostic test used to confirm each active 

2 case; 

3 (D) the number of confirmed negative 

4 cases of COVID–19 among detention facility 

5 staff, disaggregated by— 

6 (i) first-time COVID–19 diagnostic 

7 tests and retests; and 

8 (ii) the COVID–19 diagnostic test de9 veloper and test name for each COVID–19 

10 diagnostic test used to confirm each nega11 tive case; 

12 (E) the number of COVID–19 diagnostic 

13 tests pending results, disaggregated by detained 

14 noncitizens and detention facility staff; 

15 (F) the average time between testing a de16 tained person for COVID–19 and receiving the 

17 results of the COVID–19 diagnostic test; and 

18 (G) the average time between testing a de19 tention facility employee for COVID–19 and re20 ceiving the results of the COVID–19 diagnostic 

21 test. 

22 (3) CASE OUTCOMES.—COVID–19 case out23 comes, including cumulative and new (since the pre24 vious report) counts of— 


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1 (A) the number of detained noncitizens 

2 hospitalized for a case of COVID–19, including 

3 the locations of the hospitals at which the non4 citizens are receiving treatment; 

5 (B) the number of detained noncitizens 

6 who have recovered from COVID–19; 

7 (C) the number of detained noncitizens 

8 currently in quarantine and the number of de9 tained noncitizens in medical isolation for infec10 tion with or exposure to COVID–19; 

11 (D) the number of detained noncitizens 

12 who have completed quarantine and the number 

13 of detained noncitizens who have been released 

14 from medical isolation; 

15 (E) the number of detained noncitizens 

16 identified as having one or more COVID–19 

17 risk factors; 

18 (F) the number of noncitizens who have 

19 been released from detention because of one or 

20 more COVID–19 risk factors, disaggregated by 

21 their applicable risk factor; 

22 (G) the number of detained noncitizens 

23 with active COVID–19 cases in the previous 

24 weekly report who are not included in the 

25 present report, disaggregated by the specific 


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1 reason for such exclusion, including release, 

2 negative COVID–19 test, transfer, and absence 

3 of COVID–19 symptoms; 

4 (H) the number of detained noncitizens 

5 who have died from COVID–19; 

6 (I) the number of detained noncitizens who 

7 died after testing positive for COVID–19, but 

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

9 (J) the number of detention facility staff 

10 hospitalized for a case of COVID–19; 

11 (K) the number of detention facility staff 

12 who have recovered from COVID–19; and 

13 (L) the number of detention facility staff 

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

15 (4) GENERAL MEDICAL ATTENTION.—The num16 ber of detained noncitizens who have requested gen17 eral medical attention, including the number of such 

18 requests that were denied and the reasons for such 

19 denials. 

20 (5) DAILY POPULATION.—Average daily popu21 lation of detained noncitizens for the week preceding 

22 the COVID–19 emergency data collection period and 

23 for all weeks during such period. 

24 (6) TRANSFERRED NONCITIZENS.—Data re25 lated to the COVID–19 testing, results, and case 


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

2 were transferred between detention facilities during 

3 the reporting period, including— 

4 (A) the number of all individuals who were 

5 transferred, including— 

6 (i) the dates on which such transfers 

7 occurred; 

8 (ii) the number of such noncitizens 

9 who were tested and received a result be10 fore their transfer; and 

11 (iii) the number of such noncitizens 

12 who were not tested or did not receive a 

13 result before their transfer; 

14 (B) the purposes of such transfers; 

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

16 occurred during the transfer process; 

17 (D) the number of transferees who tested 

18 positive at any point during the transfer proc19 ess; and 

20 (E) the number of positive COVID–19 

21 cases in the transferring facility and in the ar22 riving facility at the time of each such transfer. 

23 (7) RELEASED NONCITIZENS.—Data related to 

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

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1 leased from detention, and juvenile noncitizens who 

2 were released from the custody of the Department of 

3 Health and Human Services, during the reporting 

4 period, disaggregated by the type of release, and in5 cluding— 

6 (A) individuals released to alternatives to 

7 detention programs as a result of the COVID– 

8 19 public health emergency; and 

9 (B) any recent positive COVID–19 tests 

10 and referrals to external medical care. 

11 (8) REMOVED NONCITIZENS.—Data related to 

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

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

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

15 contract detention facility during the reporting pe16 riod, including— 

17 (A) any recent positive COVID–19 tests 

18 and referrals to external medical care; 

19 (B) the number of noncitizens removed or 

20 expelled from the United States; 

21 (C) the number of such noncitizens who 

22 were tested and received a result before their 

23 removal or expulsion; and 


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1 (D) the number of such noncitizens who 

2 were not tested or did not receive a result be3 fore their removal or expulsion. 

4 (b) DISAGGREGATION OF DATA.— 

5 (1) IN GENERAL.—The data described in sub6 section (a) shall be disaggregated by sex, sexual ori7 entation, gender identity, age, race, ethnicity, dis8 ability, last known place of residence, location at 

9 which the individual is being detained, nationality, 

10 and statutory authority for detention. 

11 (2) EXCLUSION OF INDIVIDUALS INCARCER12 ATED FOR NONIMMIGRATION REASONS AT CONTRACT

13 DETENTION FACILITIES.—Data regarding individ14 uals incarcerated at contract detention facilities for 

15 nonimmigration reasons shall be excluded from the 

16 data described in subsection (a). 

17 (c) DETENTION PERIOD.—The data described in sub18 section (a) with respect to detained noncitizens who are 

19 infected with COVID–19 shall include, to the extent prac20 ticable, the period of their detention. 

21 SEC. 6. PRIVACY PROTECTIONS. 

22 (a) IN GENERAL.—Any data collected, stored, re23 ceived, or published under this Act— 


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1 (1) shall be collected, stored, received, or pub2 lished in a manner that protects the privacy of indi3 viduals whose information is included in such data; 

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

5 manner that protects the identity of all individuals 

6 whose information is included in such data; 

7 (3) shall comply with privacy protections pro8 vided under the regulations promulgated under sec9 tion 264(c) of the Health Insurance Portability and 

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

11 note); and 

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

13 public health and be protected from all other inter14 nal use by any entity that collects, stores, or receives 

15 the data, including use of such data in determina16 tions of eligibility (or continued eligibility) in health 

17 plans, and from any other inappropriate uses. 

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

19 IMMIGRATION PROCEEDINGS.—The Government may not 

20 use a noncitizen’s positive COVID–19 test, a noncitizen’s 

21 treatment for COVID–19 symptoms, or the state of the 

22 COVID–19 pandemic in the noncitizen’s country of origin 

23 as evidence against the noncitizen in any immigration pro24 ceeding, including— 


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1 (1) a proceeding to determine if the noncitizen 

2 is a public charge; and 

3 (2) proceedings involving asylum, withholding of 

4 removal, and protection under the Convention 

5 against Torture and Other Cruel, Inhuman or De6 grading Treatment or Punishment, done at New 

7 York December 10, 1984. 

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

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

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

11 Immigration and Customs Enforcement, the Commis12 sioner of U.S. Customs and Border Protection, the Direc13 tor of the Office of Refugee Resettlement, and any senior 

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

15 position shall submit a report to the congressional commit16 tees referred to in section 4(c) that identifies, for each 

17 detention facility under the jurisdiction of the applicable 

18 agency head, including contract detention facilities, the 

19 protocols and practices for protecting detainees from expo20 sure to the novel coronavirus (SARS–CoV–2), including— 

21 (1) the health standards at the facility, includ22 ing— 

23 (A) the standards for transfer to hospital 

24 or other specialized care; 


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1 (B) the procedure for the detained person 

2 to request and obtain a COVID–19 test and as3 sociated results; and 

4 (C) detainee access to information about 

5 the facility’s COVID–19 plans and protocols; 

6 (2) the medical care provided to detainees, in7 cluding— 

8 (A) the specific efforts to cohort smaller 

9 groups of detained people; 

10 (B) the specific efforts to provide humane 

11 medical isolation to symptomatic people, and 

12 separately, people who have tested positive for 

13 COVID–19; and 

14 (C) the standards for clinical monitoring of 

15 symptomatic and COVID–19 positive detained 

16 persons; and 

17 (3) the sanitation practices at the facility, in18 cluding the frequency and amount of detainees’ ac19 cess to soap and masks. 

20 (b) NOTIFICATION OF OUTBREAK OR EXPOSURE.— 

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

22 process for notifying anyone who has recently entered or 

23 visited such facility of any COVID–19 outbreak or expo24 sure at such facility. 


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1 SEC. 8. ACCESS TO LEGAL COUNSEL. 

2 Not later than 30 days after the date of the enact3 ment of this Act, and monthly thereafter, the Director of 

4 U.S. Immigration and Customs Enforcement, the Com5 missioner of U.S. Customs and Border Protection, the Di6 rector of the Office of Refugee Resettlement, the head of 

7 each contract detention facility, and any senior official act8 ing in, or performing the duties of, any such position shall 

9 submit a report to the congressional committees referred 

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

11 for which he or she is responsible— 

12 (1) the efforts made to ensure that each noncit13 izen detained in such facility has access to legal 

14 counsel; 

15 (2) if any detained noncitizen does not have ac16 cess to legal counsel, the changes being made to en17 sure universal access to legal counsel; 

18 (3) the number of telephones are available to 

19 detainees; 

20 (4) the number of detainees who have used the 

21 free telephone call minutes available to them; 

22 (5) the number of detainees who have access to 

23 video conference technology with their lawyers and 

24 the number of detainees have used video conference 

25 technology to communicate with their lawyers; 


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1 (6) the number of computers or internet-en2 abled portable electronic devices available to detain3 ees; and 

4 (7) the process for notifying the public when 

5 the facility is locked down because of an outbreak, 

6 including the accommodations made during such 

7 lockdowns to provide detainees with increased access 

8 to telephones or videoconferencing. 

9 SEC. 9. RIGHT OF DETAINED NONCITIZENS TO ACCESS 

10 TEST RESULTS. 

11 The Director of U.S. Immigration and Customs En12 forcement, the Commissioner of U.S. Customs and Border 

13 Protection, the Director of the Office of Refugee Resettle14 ment, the head of each contract detention facility, and any 

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

16 such position shall ensure that each detained noncitizen 

17 receives the results of, and any medical records related 

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

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

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

21 after such results become available. 

Æ 


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