I 
117TH CONGRESS 
1ST SESSION H. R. 1681 
To report data on COVID–19 immigration detention facilities and local cor-
rectional facilities that contract with U.S. Immigration and Customs 
Enforcement, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 9, 2021 
Mr. CASTRO of Texas (for himself, Mr. VARGAS, Ms. GARCIA of Texas, Ms. 
LEE of California, Mrs. TORRES of California, and Mr. GARCI´A of Illi-
nois) introduced the following bill; which was referred to the Committee 
on the Judiciary, and in addition to the Committees on Homeland Secu-
rity, and Ways and Means, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘COVID–19 in Immi-
gration Detention Data Transparency Act’’. 
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SEC. 2. DEFINITIONS. 
In this Act: 
(1) CBP DETENTION
FACILITY.—The term 
‘‘CBP detention facility’’ means any facility used by 
U.S. Customs and Border Protection to detain non-
citizens. 
(2) CDC DIRECTOR.—The term ‘‘CDC Direc-
tor’’ means the Director of the Centers for Disease 
Control and Prevention. 
(3) CONTRACT
DETENTION
FACILITY.—The 
term ‘‘contract detention facility’’ means any facility 
used for the detention of noncitizens that is operated 
by a government agency or a private entity that has 
contracted with U.S. Immigration and Customs En-
forcement, U.S. Customs and Border Protection, or 
the Office of Refugee Resettlement to provide such 
detention services, including service processing cen-
ters, juvenile detention facilities, family residential 
centers, facilities holding noncitizens awaiting re-
moval, holding facilities, and similar facilities oper-
ating under an intergovernmental service agreement 
with any of such Federal agencies, including inter-
governmental agreements with the United States 
Marshals Service. 
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(iii) is developed in and authorized by 
a State that has notified the Secretary of 
Health and Human Services of its inten-
tion to review tests intended to diagnose 
COVID–19; or 
(iv) is another test that the Secretary 
determines appropriate in guidance. 
(6) COVID–19 EMERGENCY DATA COLLECTION 
PERIOD.—The term ‘‘COVID–19 emergency data 
collection period’’ means the period beginning on the 
date of enactment of this Act and ending on the 
date that is 1 year after the date on which the pub-
lic health emergency declaration under section 319 
of the Public Health Service Act (42 U.S.C. 247d), 
with respect to COVID–19, terminates. 
(7) COVID–19 
RISK
FACTORS.—The term 
‘‘COVID–19 risk factors’’ includes advanced age, 
underlying conditions, and other factors identified by 
the Centers for Disease Control and Prevention. 
(8) FACILITY STAFF.—The term ‘‘facility staff’’ 
includes all individuals who work in a detention fa-
cility, including any individual who regularly reports 
for work within the detention facility, regardless of 
the actual employer of such individual. 
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(9) ICE 
DETENTION
FACILITY.—The term 
‘‘ICE detention facility’’ means any facility used by 
U.S. Immigration and Customs Enforcement to de-
tain or process noncitizens, including service proc-
essing centers and hold rooms. 
(10) ORR CONTRACTED
FACILITY
OR
PRO-
GRAM.—The term ‘‘ORR contracted facility or pro-
gram’’ means any facility or program in which unac-
companied noncitizen children are in the care and 
custody of the Department of Health and Human 
Services. 
(11) PUBLIC HEALTH EMERGENCY.—The term 
‘‘public health emergency’’ means— 
(A) a national emergency involving Federal 
primary responsibility determined to exist by 
the President under section 501(b) of the Rob-
ert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5191(b)) with re-
spect to a communicable disease; 
(B) a national emergency declared by the 
President under sections 201 and 301 of the 
National Emergencies Act (50 U.S.C. 1621 and 
1631) with respect to a communicable disease; 
(C) a national public health emergency de-
clared by the Secretary of Health and Human 
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Services under section 319 of the Public Health 
Service Act (42 U.S.C. 247d); or 
(D) a global pandemic declared by the 
World Health Organization. 
SEC. 3. COVID–19 DATA COLLECTION REQUIREMENTS. 
(a) FEDERAL DETENTION FACILITIES.—The Direc-
tor of U.S. Immigration and Customs Enforcement, the 
Commissioner of U.S. Customs and Border Protection, the 
Director of the Office of Refugee Resettlement, and any 
senior official acting in, or performing the duties of, any 
such position shall, during the COVID–19 emergency data 
collection period— 
(1) post daily updates on the public website of 
the applicable agency containing the information de-
scribed in section 5 with respect to staff working at 
ICE detention facilities, CBP detention facilities, or 
ORR contracted facilities or programs, respectively, 
and noncitizens detained at such facilities or served 
by such programs; 
(2) archive, on a weekly basis, the data de-
scribed in paragraph (1) so that it remains publicly 
accessible and in a machine readable format; and 
(3) beginning not later than the earlier of the 
date that is 14 days after the date on which the 
CDC Director publishes the guidance required under 
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section 4(a) or 45 days after the date of the enact-
ment of this Act, submit weekly reports to the CDC 
Director containing the information described in sec-
tion 5. 
(b) CONTRACT DETENTION FACILITIES.— 
(1) IN GENERAL.—Beginning not later than the 
earlier of the date that is 14 days after the date on 
which the CDC Director publishes the guidance re-
quired under section 4(a) or 45 days after the date 
of the enactment of this Act, the head of each con-
tract detention facility shall— 
(A) submit weekly reports to the Federal 
agency with which the facility is under contract 
and the public health authority of the State in 
which the facility is located containing the data 
described in section 5 with respect to staff 
working at such facility and noncitizens de-
tained at such facility; 
(B) post weekly updates containing the 
data described in subparagraph (A) on the pub-
lic website of the facility, if the facility has a 
public website, in a machine readable format, 
and archive prior updates so that they remain 
publicly accessible; and 
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(C) submit weekly reports containing the 
data referred to in subparagraph (A) to— 
(i) the Immigration Detention Om-
budsman designated pursuant to section 
405 of the Homeland Security Act of 2002 
(6 U.S.C. 205); and 
(ii) the Office for Civil Rights and 
Civil Liberties of the Department of 
Homeland Security. 
(2) SUBMISSION
OF
INFORMATION
TO
THE 
CDC.—Not later than 24 hours after a Federal agen-
cy receives the data described in paragraph (1), the 
head of such agency shall— 
(A) submit such data to the CDC Director; 
and 
(B) post such data to the public website of 
the agency, disaggregated by individual contract 
detention facility, which shall be archived week-
ly and shall remain publicly accessible in a ma-
chine readable format. 
(c) USE OF EXISTING APPROPRIATIONS.— 
(1) DEPARTMENT
OF
HEALTH
AND
HUMAN 
SERVICES.—The Department of Health and Human 
Services shall use amounts otherwise appropriated 
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for the Office of Refugee Resettlement to carry out 
its responsibilities under this section. 
(2) U.S. IMMIGRATION AND CUSTOMS ENFORCE-
MENT.—U.S. Immigration and Customs Enforce-
ment shall use amounts otherwise appropriated to 
the Custody Operations Account to carry out its re-
sponsibilities under this section. 
(3) U.S. 
CUSTOMS
AND
BORDER
PROTEC-
TION.—U.S. Customs and Border Protection shall 
use amounts otherwise appropriated to the Procure-
ment, Construction, and Improvements Account to 
carry out its responsibilities under this section. 
SEC. 4. CDC REPORTS. 
(a) GUIDANCE.—Not later than 30 days after the 
date of enactment of this Act, the CDC Director shall 
issue guidance for immigration detention facilities regard-
ing— 
(1) the categories of data required to be re-
ported under this Act; and 
(2) how the CDC Director will determine 
whether a Federal or State agency is in compliance 
with the requirements under this Act. 
(b) PUBLICATION ON WEBSITE.— 
(1) IN GENERAL.—Not later than 7 days after 
data is reported to the Centers for Disease Control 
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and Prevention pursuant to section 3, the CDC Di-
rector shall make such data available to the public 
on the website of the Centers for Disease Control 
and Prevention, including all data reported by U.S. 
Immigration and Customs Enforcement, U.S. Cus-
toms and Border Protection, and the Office of Ref-
ugee Resettlement. 
(2) WEEKLY ARCHIVAL.—The data referred to 
in paragraph (1) shall be archived weekly and shall 
remain publicly accessible in a machine readable for-
mat. 
(c) REPORTS TO CONGRESS.—Not later than 60 days 
after the date of the enactment of this Act, and monthly 
thereafter during the COVID–19 emergency data collec-
tion period, the CDC Director shall submit a report to 
the Committee on Homeland Security and Governmental 
Affairs of the Senate, the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate, the Committee 
on the Judiciary of the Senate, the Committee on Home-
land Security of the House of Representatives, the Com-
mittee on Energy and Commerce of the House of Rep-
resentatives, and the Committee on the Judiciary of the 
House of Representatives that— 
(1) summarizes the information submitted by 
U.S. Immigration and Customs Enforcement, U.S. 
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Customs and Border Protection, the Office of Ref-
ugee Resettlement, and State public health authori-
ties pursuant to section 3; and 
(2) analyzes the trends and patterns of the dis-
ease outbreak and the care provided in immigration 
detention facilities and contracted facilities. 
SEC. 5. COVID–19 DATA. 
(a) IN GENERAL.—The data described in this section 
is the following data with respect to each ICE, CBP, ORR, 
and contract detention facility: 
(1) TESTING
NUMBERS.—Data related to 
COVID–19 diagnostic testing by such facilities, in-
cluding cumulative and new (since the previous 
weekly report) counts of— 
(A) the number of detained noncitizens 
tested for COVID–19, including the dates on 
which 
such 
tests 
were 
administered, 
disaggregated by— 
(i) first-time COVID–19 diagnostic 
tests and retests; and 
(ii) symptomatic and asymptomatic; 
(B) the number of detained noncitizens 
who have requested COVID–19 testing, includ-
ing the number of such requests that were de-
nied and the reasons for such denials; 
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(C) the number of facility staff tested for 
COVID–19, 
disaggregated 
by 
first-time 
COVID–19 diagnostic tests and retests; and 
(D) the COVID–19 diagnostic test devel-
oper and test name for each COVID–19 diag-
nostic test conducted. 
(2) TEST RESULTS.—Data related to COVID– 
19 diagnostic testing outcomes, including cumulative 
and new (since the previous weekly report) counts 
of— 
(A) the number of confirmed active cases 
of COVID–19 among detained noncitizens, 
disaggregated by— 
(i) first-time COVID–19 diagnostic 
tests and retests; and 
(ii) the COVID–19 diagnostic test de-
veloper and test name for each COVID–19 
diagnostic test used to confirm each active 
case; 
(B) the number of confirmed negative 
cases of COVID–19 among detained nonciti-
zens, disaggregated by— 
(i) first-time COVID–19 diagnostic 
tests and retests; and 
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(ii) the COVID–19 diagnostic test de-
veloper and test name for each COVID–19 
diagnostic test used to confirm each nega-
tive case; 
(C) the number of confirmed active cases 
of COVID–19 among detention facility staff, 
disaggregated by— 
(i) first-time COVID–19 diagnostic 
tests and retests; and 
(ii) the COVID–19 diagnostic test de-
veloper and test name for each COVID–19 
diagnostic test used to confirm each active 
case; 
(D) the number of confirmed negative 
cases of COVID–19 among detention facility 
staff, disaggregated by— 
(i) first-time COVID–19 diagnostic 
tests and retests; and 
(ii) the COVID–19 diagnostic test de-
veloper and test name for each COVID–19 
diagnostic test used to confirm each nega-
tive case; 
(E) the number of COVID–19 diagnostic 
tests pending results, disaggregated by detained 
noncitizens and detention facility staff; 
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(F) the average time between testing a de-
tained person for COVID–19 and receiving the 
results of the COVID–19 diagnostic test; and 
(G) the average time between testing a de-
tention facility employee for COVID–19 and re-
ceiving the results of the COVID–19 diagnostic 
test. 
(3) CASE
OUTCOMES.—COVID–19 case out-
comes, including cumulative and new (since the pre-
vious report) counts of— 
(A) the number of detained noncitizens 
hospitalized for a case of COVID–19, including 
the locations of the hospitals at which the non-
citizens are receiving treatment; 
(B) the number of detained noncitizens 
who have recovered from COVID–19; 
(C) the number of detained noncitizens 
currently in quarantine and the number of de-
tained noncitizens in medical isolation for infec-
tion with or exposure to COVID–19; 
(D) the number of detained noncitizens 
who have completed quarantine and the number 
of detained noncitizens who have been released 
from medical isolation; 
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(E) the number of detained noncitizens 
identified as having 1 or more COVID–19 risk 
factors; 
(F) the number of noncitizens who have 
been released from detention because of 1 or 
more COVID–19 risk factors, disaggregated by 
their applicable risk factor; 
(G) the number of detained noncitizens 
with active COVID–19 cases in the previous 
weekly report who are not included in the 
present report, disaggregated by the specific 
reason for such exclusion, including release, 
negative COVID–19 test, transfer, removal 
from the United States, and absence of 
COVID–19 symptoms; 
(H) the number of detained noncitizens 
who have died from COVID–19; 
(I) the number of detained noncitizens who 
died after testing positive for COVID–19, but 
the official cause of death was not COVID–19; 
(J) the number of detention facility staff 
hospitalized for a case of COVID–19; 
(K) the number of detention facility staff 
who have recovered from COVID–19; and 
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(L) the number of detention facility staff 
who have died from a case of COVID–19. 
(4) GENERAL MEDICAL ATTENTION.—The num-
ber of detained noncitizens who have requested gen-
eral medical attention, including the number of such 
requests that were denied and the reasons for such 
denials. 
(5) DAILY POPULATION.—Average daily popu-
lation of detained noncitizens for the week preceding 
the COVID–19 emergency data collection period and 
for all weeks during such period. 
(6) VACCINATIONS.—Data related to distribu-
tion of the COVID–19 vaccine, including— 
(A) the policies of the facility relating to 
the distribution of the COVID–19 vaccination 
to detained noncitizen persons and detention fa-
cility staff, including— 
(i) how the facility is prioritizing dis-
tribution among detention facility staff and 
detained noncitizens; and 
(ii) any changes or updates made to 
the policies; 
(B) the total number of COVID–19 vac-
cine doses that the facility has received up to 
the date of the report, disaggregated by the 
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types of COVID–19 vaccine the facility has re-
ceived; 
(C) the number of COVID–19 vaccine 
doses that the facility has in inventory as of the 
date of the report, disaggregated by the types 
of COVID–19 vaccine the facility has in inven-
tory; 
(D) the total number and percentage of de-
tained noncitizens— 
(i) who have been offered a COVID– 
19 vaccine, disaggregated by the types of 
COVID–19 vaccine offered at each facility; 
(ii) who received a first dose of the 
COVID–19 vaccine during the week imme-
diately preceding the date of the report, 
disaggregated by the types of COVID–19 
vaccine administered at each facility; 
(iii) who received a first dose of the 
COVID–19 vaccine before the date of the 
report, disaggregated by the type of 
COVID–19 vaccine administered at each 
facility; 
(iv) who are fully vaccinated, either 
because the person received a second dose 
of the COVID–19 vaccine or because the 
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COVID–19 vaccine the person received re-
quired only 1 dose, disaggregated by the 
type of COVID–19 vaccine administered at 
each facility; and 
(v) who refused the COVID–19 vac-
cine; 
(E) the total number and percentage of de-
tention facility staff— 
(i) who have been offered a COVID– 
19 vaccine, disaggregated by the type of 
COVID–19 vaccine offered at each facility; 
(ii) who received a first dose of the 
COVID–19 vaccine during the week imme-
diately preceding the date of the report, 
disaggregated by the type of COVID–19 
vaccine administered at each facility; 
(iii) who received a first dose of the 
COVID–19 vaccine before the date of the 
report, disaggregated by the types of 
COVID–19 vaccine administered at each 
facility; 
(iv) who are fully vaccinated, either 
because the person received a second dose 
of the COVID–19 vaccine or because the 
COVID–19 vaccine the person received re-
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quired only 1 dose, disaggregated by the 
type of COVID–19 vaccine administered at 
each facility; or 
(v) who refused the COVID–19 vac-
cine; and 
(F) in the case of detained noncitizens and 
detention facility staff described in subpara-
graph (D)(v) or (E)(v), respectively, the 3 most 
common reasons given for refusing the COVID– 
19 vaccine. 
(7) TRANSFERRED
NONCITIZENS.—Data re-
lated to the COVID–19 testing, results, and case 
outcomes (at the time of release) of noncitizens who 
were transferred between detention facilities during 
the reporting period, including— 
(A) the number of all individuals who were 
transferred, including— 
(i) the dates on which such transfers 
occurred; 
(ii) the number of such noncitizens 
who were tested and received a result be-
fore their transfer; and 
(iii) the number of such noncitizens 
who were not tested or did not receive a 
result before their transfer; 
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(B) the purposes of such transfers; 
(C) the dates on which COVID–19 testing 
occurred during the transfer process; 
(D) the number of transferees who tested 
positive at any point during the transfer proc-
ess; 
(E) the number of positive COVID–19 
cases in the transferring facility and in the ar-
riving facility at the time of each such transfer; 
(F) the number of transferees who received 
a first dose of the COVID–19 vaccine before 
being transferred, disaggregated by the type of 
COVID–19 vaccine administered; and 
(G) the number of transferees who were 
fully vaccinated before being transferred, either 
because the person received a second dose of 
the COVID–19 vaccine or because the COVID– 
19 vaccine the person received required only 1 
dose, disaggregated by the type of COVID–19 
vaccine administered. 
(8) RELEASED NONCITIZENS.—Data related to 
the COVID–19 testing, results, and case outcomes 
(at the time of release) of noncitizens who were re-
leased from detention, and juvenile noncitizens who 
were released from the custody of the Department of 
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Health and Human Services, during the reporting 
period, disaggregated by the type of release, and in-
cluding— 
(A) individuals released to alternatives to 
detention programs as a result of the COVID– 
19 public health emergency; 
(B) any recent positive COVID–19 tests 
and referrals to external medical care; 
(C) the number of noncitizens released who 
received a first dose of the COVID–19 vaccine 
before being released, disaggregated by the type 
of COVID–19 vaccine administered; and 
(D) the number of noncitizens who were 
fully vaccinated before being released, either be-
cause the person received a second dose of the 
COVID–19 vaccine or because the COVID–19 
vaccine the person received required only 1 
dose, disaggregated by the type of COVID–19 
vaccine administered. 
(9) REMOVED NONCITIZENS.—Data related to 
the COVID–19 testing, results, and case outcomes 
(at the time of removal or expulsion) of noncitizens 
who were deported from an ICE, CBP, ORR, or 
contract detention facility during the reporting pe-
riod, including— 
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