I 

116TH CONGRESS 

2D SESSION H. R. 7650 

To require the Director of U.S. Immigration and Customs Enforcement 

to ensure that foreign nationals test negative for SARS–CoV–2 before 

repatriation or removal, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 16, 2020 

Mr. NADLER (for himself, Ms. LOFGREN, Mr. CA ́RDENAS, Mr. CORREA, Ms. 

DEAN, Mrs. DEMINGS, Mr. DEUTCH, Ms. GARCIA of Texas, Mrs. HAYES, 

Ms. JACKSON LEE, Mr. JOHNSON of Georgia, Mr. TED LIEU of California, Ms. NORTON, Mr. PANETTA, Mr. RASKIN, Ms. SCANLON, Mr. 

VARGAS, and Ms. VELA ́ZQUEZ) introduced the following bill; which was 

referred to the Committee on the Judiciary 

A BILL 

To require the Director of U.S. Immigration and Customs 

Enforcement to ensure that foreign nationals test negative for SARS–CoV–2 before repatriation or removal, 

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 ‘‘Coronavirus Contain5 ment Act of 2020’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) U.S. Immigration and Customs Enforce4 ment repatriated or attempted to repatriate dozens 

5 of foreign nationals who tested positive for SARS– 

6 CoV–2 prior to departure from the United States or 

7 upon arrival in their country of destination. 

8 (2) Haiti is one of the most vulnerable nations 

9 in the world to SARS–CoV–2 with only a few dozen 

10 ventilators for 11 million people. Yet, in April 2020, 

11 multiple individuals who were repatriated or other12 wise removed to Haiti on a single flight tested posi13 tive for SARS–CoV–2 upon their arrival. In May, 

14 U.S. Immigration and Customs Enforcement 

15 planned to repatriate more than 100 individuals to 

16 Haiti, including individuals known to have COVID– 

17 19, but abandoned these plans after media scrutiny 

18 and pressure from the Haitian government. 

19 (3) As of mid-May 2020, more than 100 indi20 viduals have tested positive for SARS–CoV–2 upon 

21 arrival in Guatemala, prompting Guatemala to sus22 pend repatriation flights from the United States on 

23 several occasions. 

24 (4) U.S. Immigration and Customs Enforce25 ment’s patchwork approach to the screening and 

26 testing of deportees prior to repatriation has failed, 


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1 leading to the removal of dozens of individuals in2 fected with SARS–CoV–2 to countries with over3 taxed healthcare infrastructures, furthering the glob4 al spread of the disease. 

5 SEC. 3. TESTING BEFORE REPATRIATION OR REMOVAL. 

6 (a) IN GENERAL.—During the period described in 

7 subsection (c), the Director of U.S. Immigration and Cus8 toms Enforcement shall, prior to the repatriation or re9 moval of any individual— 

10 (1) conduct a viral test to determine if such an 

11 individual is infected with SARS–CoV–2; and 

12 (2) engage with the receiving country to ensure, 

13 subject to subsection (b), that such an individual can 

14 be safely removed or otherwise repatriated. 

15 (b) LIMITATION ON REPATRIATION OR REMOVAL.— 

16 In the case that an individual tested under subsection 

17 (a)(1) tests positive for SARS–CoV–2, such individual 

18 may not be removed or otherwise repatriated until such 

19 individual— 

20 (1) exhibits no symptoms of COVID–19 for at 

21 least 10 days; and 

22 (2) is administered 2 additional viral tests more 

23 than 24 hours apart and tests negative for SARS– 

24 CoV–2 each time such a viral test is administered. 


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1 (c) PERIOD DESCRIBED.—The period described in 

2 this section is the period beginning on the date of the en3 actment of this Act and ending 180 days after the date 

4 on which the public health emergency declared by the Sec5 retary of Health and Human Services under section 319 

6 of the Public Health Service Act (42 U.S.C. 247d) with 

7 respect to COVID–19 is terminated. 

8 SEC. 4. REPORTING REQUIREMENTS. 

9 Not later than 60 days after the date of the enact10 ment of this Act, the Director of U.S. Immigration and 

11 Customs Enforcement shall publish on its public website, 

12 and update on a weekly basis, information related to test13 ing of individuals it intends to remove or repatriate. Such 

14 information shall be delineated by facility and shall in15 clude— 

16 (1) the number of removals and repatriations, 

17 delineated by country of origin; 

18 (2) the results of the viral tests administered to 

19 individuals U.S. Immigration and Customs Enforce20 ment intends to remove or repatriate; and 

21 (3) in the case of individuals U.S. Immigration 

22 and Customs Enforcement intends to remove or re23 patriate who test positive for SARS–CoV–2, the av24 erage length of stay in detention for such individ25 uals. 


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1 SEC. 5. DEFINITIONS. 

2 In this Act: 

3 (1) SYMPTOMS OF COVID–19.—The term 

4 ‘‘symptoms of COVID–19’’ includes— 

5 (A) fever or chills; 

6 (B) cough; 

7 (C) shortness of breath or difficulty 

8 breathing; 

9 (D) fatigue; 

10 (E) muscle or body aches; 

11 (F) headaches; 

12 (G) new loss of taste or smell; 

13 (H) sore throat; 

14 (I) congestion or runny nose; 

15 (J) nausea or vomiting; 

16 (K) diarrhea; or 

17 (L) any other symptom that the Director 

18 of the Centers for Disease Control and Preven19 tion determines to be a symptom of COVID–19. 

20 (2) VIRAL TEST.—The term ‘‘viral test’’ means 

21 a diagnostic test with respect to SARS–CoV–2 that 

22 is approved, cleared, or authorized under section 

23 510(k), 513, 515 or 564 of the Federal Food, Drug, 

24 and Cosmetic Act (21 U.S.C. 360(k), 360c, 360e, or 

25 360bbb–3). 

Æ 


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