(A) any recent positive COVID–19 tests 
and referrals to external medical care; 
(B) the number of noncitizens removed or 
expelled from the United States; 
(C) the number of such noncitizens who 
were tested and received a result before their 
removal or expulsion; 
(D) the number of such noncitizens who 
were not tested or did not receive a result be-
fore their removal or expulsion; 
(E) the number of such noncitizens who 
received a first dose of the COVID–19 vaccine 
before their removal, disaggregated by the type 
of COVID–19 vaccine administered; 
(F) the number of such noncitizens who 
were fully vaccinated before their removal, ei-
ther 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; and 
(G) the countries to which noncitizens are 
removed or expelled from the United States. 
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(10) BOOK-INS.—Data related to facility book- 
ins, including cumulative and new (since the pre-
vious report) counts of— 
(A) the number of noncitizens booked into 
each facility, disaggregated by— 
(i) initial and total book-ins (including 
transfers); 
(ii) arresting agency; 
(iii) initial book-ins from ORR cus-
tody (if applicable); and 
(iv) initial book-ins from other Fed-
eral, State, or local government agencies, 
including the United States Marshals Serv-
ice and the Bureau of Prisons. 
(11) FACILITY STAFF.—The total number of fa-
cility staff during the current reporting period. 
(b) DISAGGREGATION OF DATA.— 
(1) IN GENERAL.—The data described in sub-
section (a) shall be disaggregated by sex, sexual ori-
entation, gender identity, age, race, ethnicity, dis-
ability, language spoken, last known place of resi-
dence, location at which the individual is being de-
tained, nationality, and statutory authority for de-
tention. 
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(2) EXCLUSION
OF
INDIVIDUALS
INCARCER-
ATED FOR NONIMMIGRATION REASONS AT CONTRACT 
DETENTION
FACILITIES.—Data regarding individ-
uals incarcerated at contract detention facilities for 
nonimmigration reasons shall be excluded from the 
data described in subsection (a). 
(c) DETENTION PERIOD.—The data described in sub-
section (a) with respect to detained noncitizens who are 
infected with COVID–19 shall include, to the extent prac-
ticable, the period of their detention. 
SEC. 6. PRIVACY PROTECTIONS. 
(a) IN GENERAL.—Any data collected, stored, re-
ceived, or published under this Act— 
(1) shall be collected, stored, received, or pub-
lished in a manner that protects the privacy of indi-
viduals whose information is included in such data; 
(2) shall be de-identified or anonymized in a 
manner that protects the identity of all individuals 
whose information is included in such data; 
(3) shall comply with privacy protections pro-
vided under the regulations promulgated under sec-
tion 264(c) of the Health Insurance Portability and 
Accountability Act of 1996 (42 U.S.C. 1320d–2 
note); and 
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(4) shall be limited in use for the purpose of 
public health and be protected from all other inter-
nal use by any entity that collects, stores, or receives 
the data, including use of such data in determina-
tions of eligibility (or continued eligibility) in health 
plans, and from any other inappropriate uses. 
(b) RESTRICTION ON USE OF COVID–19 STATUS IN 
IMMIGRATION PROCEEDINGS.—The Government may not 
use an noncitizen’s positive COVID–19 test, an nonciti-
zen’s treatment for COVID–19 symptoms, or the state of 
the COVID–19 pandemic in the noncitizen’s country of 
origin as evidence against the noncitizen in any immigra-
tion proceeding, including— 
(1) a proceeding to determine if the noncitizen 
is a public charge; and 
(2) proceedings involving asylum, withholding of 
removal, and protection under the Convention 
against Torture and Other Cruel, Inhuman or De-
grading Treatment or Punishment, done at New 
York December 10, 1984. 
SEC. 7. COVID–19 SAFETY PROTOCOLS AND PRACTICES. 
(a) IN GENERAL.—Not later than 30 days after the 
date of the enactment of this Act, the Director of U.S. 
Immigration and Customs Enforcement, the Commis-
sioner of U.S. Customs and Border Protection, the Direc-
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tor of the Office of Refugee Resettlement, and any senior 
official acting in, or performing the duties of, any such 
position shall submit a report to the congressional commit-
tees referred to in section 4(c) that identifies, for each 
detention facility under the jurisdiction of the applicable 
agency head, including contract detention facilities, the 
protocols and practices for protecting detained noncitizens 
from exposure to the novel coronavirus (SARS–CoV–2), 
including— 
(1) the health standards at the facility, includ-
ing— 
(A) the standards for transfer to hospital 
or other specialized care; 
(B) the procedure for the detained person 
to request and obtain a COVID–19 test and as-
sociated results; and 
(C) detained noncitizens access to informa-
tion about the facility’s COVID–19 plans and 
protocols; 
(2) the medical care provided to detained non-
citizens, including— 
(A) the specific efforts to cohort smaller 
groups of detained people; 
(B) the specific efforts to provide humane 
medical isolation to symptomatic people, and 
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separately, people who have tested positive for 
COVID–19; and 
(C) the standards for clinical monitoring of 
symptomatic and COVID–19 positive detained 
persons; and 
(3) the sanitation practices at the facility, in-
cluding the frequency and amount of detained non-
citizens’ access to soap and masks. 
(b) NOTIFICATION OF OUTBREAK OR EXPOSURE.— 
Each detention facility shall create, share, and enforce a 
process for notifying anyone who has recently entered or 
visited such facility of any COVID–19 outbreak or expo-
sure at such facility. 
SEC. 8. ACCESS TO LEGAL COUNSEL. 
Not later than 30 days after the date of the enact-
ment of this Act, and monthly thereafter, the Director of 
U.S. Immigration and Customs Enforcement, the Com-
missioner of U.S. Customs and Border Protection, the Di-
rector of the Office of Refugee Resettlement, the head of 
each contract detention facility, and any senior official act-
ing in, or performing the duties of, any such position shall 
submit a report to the congressional committees referred 
to in section 4(c) that identifies, for each detention facility 
for which he or she is responsible— 
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(1) the efforts made to ensure that each noncit-
izen detained in such facility has access to legal 
counsel; 
(2) if any detained noncitizen does not have ac-
cess to legal counsel, the changes being made to en-
sure universal access to legal counsel; 
(3) the number of telephones available to de-
tained noncitizens; 
(4) the number of detained noncitizens who 
have used the free telephone call minutes available 
to them; 
(5) the number of detained noncitizens who 
have access to video conference technology with their 
legal counsel and the number of detained noncitizens 
who have used video conference technology to com-
municate with their legal counsel; 
(6) the number of computers or internet-en-
abled portable electronic devices available to de-
tained noncitizens; and 
(7) the process for notifying the public when 
the facility is locked down because of an outbreak, 
including the accommodations made during such 
lockdowns to provide detained noncitizens with in-
creased access to telephones or videoconferencing. 
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SEC. 9. RIGHT OF DETAINED NONCITIZENS TO ACCESS 
TEST RESULTS. 
The Director of U.S. Immigration and Customs En-
forcement, the Commissioner of U.S. Customs and Border 
Protection, the Director of the Office of Refugee Resettle-
ment, the head of each contract detention facility, and any 
senior official acting in, or performing the duties of, any 
such position shall ensure that each detained noncitizen 
receives the results of, and any medical records related 
to, any COVID–19 diagnostic test administered to the 
noncitizen, in the noncitizen’s preferred language, and in 
a private and confidential manner, not later than 24 hours 
after such results become available. 
Æ 
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