,i  #aafth ,,congress  #b;d ,session    
,h4 ,r4 #hiac  ,,in ,,the ,,house ,,of  
,,representatives  ,december #i1        
#bjbj,mr4 ,castro of ,texas 7for        
himself1 ,mr4 ,raskin1 ,mr4 ,vargas1    
,ms4 ,garcia of ,texas1 ,mr4 ,vela1 ,mr4
 ,mc,govern1 ,mrs4 ,watson ,coleman1 and
 ,mr4 ,green of ,texas7 introduced the  
following bill2 which was referred to   
the ,committee on the ,judiciary1 and in
 addition to the ,committees on         
,homeland ,security1 and ,ways and      
,means1 for a period to be subsequently 
determined by the ,speaker1 in each case
 for consideration of such provisions as
 fall within the jurisdiction of the    
committee concerned  ,a ,,bill  ,to     
report data on ,,covid-#ai immigration  
detention facilities and local          
correctional facilities that contract   
with ,u4,s4 ,immigration and ,customs   
,enforcement1 and for other purposes4   
#a4 ,short title ,this ,act may be cited
 as the ,,covid-#ai in ,immigration     
,detention ,data ,transparency ,act4    

#b4 ,definitions ,in this ,act3 7#a7    
,,cbp detention facility ,the term ,,cbp
 detention facility means any facility  
used by ,u4,s4 ,customs and ,border     
,protection to detain noncitizens4  7#b7
 ,,cdc director ,the term ,,cdc         
,director means the ,director of the    
,centers for ,disease ,control and      
,prevention4  7#c7 ,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 
,u4,s4 ,immigration and ,customs        
,enforcement1 ,u4,s4 ,customs and       
,border ,protection1 or the ,office of  
,refugee ,resettlement to provide such  
detention services1 including service   
processing centers1 juvenile detention  
facilities1 family residential centers1 
facilities holding noncitizens awaiting 
removal1 and similar facilities         
operating under an intergovernmental    
service agreement with any of such      

,federal agencies1 including            
intergovernmental agreements with the   
,united ,states ,marshals ,service4     
7#d7 ,,covid-#ai ,the term ,,covid-#ai  
means the #bjai novel coronavirus       
disease caused by the ,,sars-,co,v-#b   
virus4  7#e7 ,,covid-#ai diagnostic test
 ,the term ,,covid-#ai diagnostic test  
means a test-- 7,a7 that is an in vitro 
diagnostic product 7as defined in       
section #hji4c of title #ba1 ,code of   
,federal ,regulations7 for the detection
 of ,,sars-,co,v-#b2 and  7,b7 the      
administration of which-- 7i7 is        
approved1 cleared1 or authorized under  
section #eaj7k71 #eac1 #eae1 or #efd of 
the ,federal ,food1 ,drug1 and ,cosmetic
 ,act 7#ba ,u4,s4,c4 #cfj7k71 #cfj;c1   
#cfj;e1 #cfj;bbb-#c72  7ii7 the         
developer has requested1 or intends to  
request1 emergency use authorization    
under section #efd of the ,federal      
,food1 ,drug1 and ,cosmetic ,act 7#ba   
,u4,s4,c4 #cfj;bbb-#c71 unless and until
 the emergency use authorization request

 under such section #efd has been denied
 or the developer of such test does not 
submit a request under such section     
within a reasonable timeframe2  7iii7 is
 developed in and authorized by a ,state
 that has notified the ,secretary of    
,health and ,human ,services of its     
intention to review tests intended to   
diagnose ,,covid-#ai2 or  7iv7 is       
another test that the ,secretary        
determines appropriate in guidance4     
7#f7 ,,covid-#ai emergency data         
collection period ,the term ,,covid-#ai 
emergency data collection period means  
the period beginning on the date of     
enactment of this ,act and ending on the
 date that is #a year after the date on 
which the public health emergency       
declaration under section #cai of the   
,public ,health ,service ,act 7#db      
,u4,s4,c4 #bdg;d71 with respect to      
,,covid-#ai1 terminates4  7#g7 ,facility
 staff ,the term facility staff includes
 all individuals who work in a detention
 facility1 including any individual who 

regularly reports for work within the   
detention facility1 regardless of the   
actual employer of such individual4     
7#h7 ,,ice detention facility ,the term 
,,ice detention facility means any      
facility used by ,u4,s4 ,immigration and
 ,customs ,enforcement to detain        
noncitizens1 including service          
processing centers4  7#i7 ,,orr         
contracted facility or program ,the term
 ,,orr contracted facility or program   
means any facility or program in which  
unaccompanied noncitizen children are in
 the care and custody of the ,department
 of ,health and ,human ,services4  7#aj7
 ,public health emergency ,the term     
public health emergency means-- 7,a7 a  
national emergency involving ,federal   
primary responsibility determined to    
exist by the ,president under section   
#eja7;b7 of the ,robert ,t4 ,stafford   
,disaster ,relief and ,emergency        
,assistance ,act 7#db ,u4,s4,c4         
#eaia7;b77 with respect to a            
communicable disease2  7,b7 a national  

emergency declared by the ,president    
under sections #bja and #cja of the     
,national ,emergencies ,act 7#ej        
,u4,s4,c4 #afba and #afca7 with respect 
to a communicable disease2  7,c7 a      
national public health emergency        
declared by the ,secretary of ,health   
and ,human ,services under section #cai 
of the ,public ,health ,service ,act    
7#db ,u4,s4,c4 #bdg;d72 or  7,d7 a      
global pandemic declared by the ,world  
,health ,organization4  #c4 ,,covid-#ai 
data collection requirements  7a7       
,federal detention facilities ,the      
,director of ,u4,s4 ,immigration and    
,customs ,enforcement1 the ,commissioner
 of ,u4,s4 ,customs and ,border         
,protection1 the ,director of the       
,office of ,refugee ,resettlement1 and  
any senior official acting in1 or       
performing the duties of1 any such      
position shall1 during the ,,covid-#ai  
emergency data collection period-- 7#a7 
post daily updates on the public website
 of the applicable agency containing the

 information described in section #e    
with respect to staff working at ,,ice  
detention facilities1 ,,cbp detention   
facilities1 or ,,orr contracted         
facilities or programs1 respectively1   
and noncitizens detained at such        
facilities or served by such programs2  
7#b7 archive1 on a weekly basis1 the    
data described in paragraph 7#a7 so that
 it remains publicly accessible and in a
 machine readable format2 and  7#c7     
beginning not later than the earlier of 
the date that is #ad days after the date
 on which the ,,cdc ,director publishes 
the guidance required under section     
#d7;a7 or #de days after the date of the
 enactment of this ,act1 submit weekly  
reports to the ,,cdc ,director          
containing the information described in 
section #e4  7b7 ,contract detention    
facilities  7#a7 ,in general ,beginning 
not later than the earlier of the date  
that is #ad days after the date on which
 the ,,cdc ,director publishes the      
guidance required under section #d7;a7  

or #de days after the date of the       
enactment of this ,act1 the head of each
 contract detention facility shall--    
7,a7 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 #e with respect to 
staff working at such facility and      
noncitizens detained at such facility2  
7,b7 post weekly updates containing the 
data described in subparagraph 7,a7 on  
the public website of the facility1 if  
the facility has a public website1 in a 
machine readable format1 and archive    
prior updates so that they remain       
publicly accessible2 and  7,c7 submit   
weekly reports containing the data      
referred to in subparagraph 7,a7 to--   
7i7 the ,immigration ,detention         
,ombudsman designated pursuant to       
section #dje of the ,homeland ,security 
,act of #bjjb 7#f ,u4,s4,c4 #bje72 and  
7ii7 the ,office for ,civil ,rights and 

,civil ,liberties of the ,department of 
,homeland ,security4  7#b7 ,submission  
of information to the ,,cdc ,not later  
than #bd hours after a ,federal agency  
receives the data described in paragraph
 7#a71 the head of such agency shall--  
7,a7 submit such data to the ,,cdc      
,director2 and  7,b7 post such data to  
the public website of the agency1 which 
shall be archived weekly and shall      
remain publically accessible in a       
machine readable format4  7c7 ,use of   
existing appropriations  7#a7           
,department of health and human services
 ,the ,department of ,health and ,human 
,services such use amounts otherwise    
appropriated for the ,office of ,refugee
 ,resettlement to carry out its         
responsibilities under this section4    
7#b7 ,u4,s4 immigration and customs     
enforcement ,u4,s4 ,immigration and     
,customs ,enforcement shall use amounts 
otherwise appropriated to the ,custody  
,operations ,account to carry out its   
responsibilities under this section4    

7#c7 ,u4,s4 customs and border          
protection ,u4,s4 ,customs and ,border  
,protection shall use amounts otherwise 
appropriated to the ,procurement1       
,construction1 and ,improvements        
,account to carry out its               
responsibilities under this section4    
#d4 ,,cdc ,reports  7a7 ,guidance ,not  
later than #cj days after the date of   
enactment of this ,act1 the ,,cdc       
,director shall issue guidance for      
immigration detention facilities        
regarding-- 7#a7 the categories of data 
required to be reported under this ,act2
 and  7#b7 how the ,,cdc ,director will 
determine whether a ,federal or ,state  
agency is in compliance with the        
requirements under this ,act4  7b7      
,publication on website  7#a7 ,in       
general ,not later than #g days after   
data is reported to the ,centers for    
,disease ,control and ,prevention       
pursuant to section #c1 the ,,cdc       
,director shall make such data available
 to the public on the website of the    

,centers for ,disease ,control and      
,prevention1 including all data reported
 by ,u4,s4 ,immigration and ,customs    
,enforcement1 ,u4,s4 ,customs and       
,border ,protection1 and the ,office of 
,refugee ,resettlement4  7#b7 ,weekly   
archival ,the data referred to in       
paragraph 7#a7 shall be archived weekly 
and shall remain publically accessible  
in a machine readable format4  7c7      
,reports to ,congress ,not later than   
#fj days after the date of the enactment
 of this ,act1 and monthly thereafter   
during the ,,covid-#ai emergency data   
collection period1 the ,,cdc ,director  
shall submit a report to ,committee on  
,health1 ,education1 ,labor1 and        
,pensions of the ,senate1 the ,committee
 on the ,judiciary of the ,senate1 the  
,committee on ,homeland ,security of the
 ,house of ,representatives1 and the    
,committee on the ,judiciary of the     
,house of ,representatives that-- 7#a7  
summarizes the information submitted by 
,u4,s4 ,immigration and ,customs        

,enforcement1 ,u4,s4 ,customs and       
,border ,protection1 the ,office of     
,refugee ,resettlement1 and ,state      
public health authorities pursuant to   
section #c2 and  7#b7 analyzes the      
trends and patterns of the disease      
outbreak and the care provided in       
immigration detention facilities and    
contracted facilities4  #e4 ,,covid-#ai 
data  7a7 ,in general ,the data         
described in this section is the        
following data with respect to each     
,,ice1 ,,cbp1 ,,orr1 and contract       
detention facility3 7#a7 ,testing       
numbers ,data related to ,,covid-#ai    
diagnostic testing by such facilities1  
including cumulative and new 7since the 
previous weekly report7 counts of-- 7,a7
 the number of detained noncitizens     
tested for ,,covid-#ai1 including the   
dates on which such tests were          
administered1 disaggregated by-- 7i7    
first-time ,,covid-#ai diagnostic tests 
and retests2 and  7ii7 symptomatic and  
asymptomatic2  7,b7 the number of       

detained noncitizens who have requested 
,,covid-#ai testing1 including the      
number of such requests that were denied
 and the reasons for such denials2  7,c7
 the number of facility staff tested for
 ,,covid-#ai1 disaggregated by          
first-time ,,covid-#ai diagnostic tests 
and retests2 and  7,d7 the ,,covid-#ai  
diagnostic test developer and test name 
for each ,,covid-#ai diagnostic test    
conducted4  7#b7 ,test results ,data    
related to ,,covid-#ai diagnostic       
testing outcomes1 including cumulative  
and new 7since the previous weekly      
report7 counts of-- 7,a7 the number of  
confirmed active cases of ,,covid-#ai   
among detained noncitizens1             
disaggregated by-- 7i7 first-time       
,,covid-#ai diagnostic tests and        
retests2 and  7ii7 the ,,covid-#ai      
diagnostic test developer and test name 
for each ,,covid-#ai diagnostic test    
used to confirm each active case2  7,b7 
the number of confirmed negative cases  
of ,,covid-#ai among detained           

noncitizens1 disaggregated-- 7i7 by     
first-time ,,covid-#ai diagnostic tests 
and retests2 and  7ii7 the ,,covid-#ai  
diagnostic test developer and test name 
for each ,,covid-#ai diagnostic test    
used to confirm each negative case2     
7,c7 the number of confirmed active     
cases of ,,covid-#ai among detention    
facility staff1 disaggregated by-- 7i7  
first-time ,,covid-#ai diagnostic tests 
and retests2 and  7ii7 the ,,covid-#ai  
diagnostic test developer and test name 
for each ,,covid-#ai diagnostic test    
used to confirm each active case2  7,d7 
the number of confirmed negative cases  
of ,,covid-#ai among detention facility 
staff1 disaggregated by-- 7i7 first-time
 ,,covid-#ai diagnostic tests and       
retests2 and  7ii7 the ,,covid-#ai      
diagnostic test developer and test name 
for each ,,covid-#ai diagnostic test    
used to confirm each negative case2     
7,e7 the number of ,,covid-#ai          
diagnostic tests pending results1       
disaggregated by detained noncitizens   

and detention facility staff2  7,f7 the 
average time between testing a detained 
person for ,,covid-#ai and receiving the
 results of the ,,covid-#ai diagnostic  
test2 and  7,g7 the average time between
 testing a detention facility employee  
for ,,covid-#ai and receiving the       
results of the ,,covid-#ai diagnostic   
test4  7#c7 ,case outcomes ,,covid-#ai  
case outcomes1 including cumulative and 
new 7since the previous report7 counts  
of-- 7,a7 the number of detained        
noncitizens hospitalized for a case of  
,,covid-#ai1 including the locations of 
the hospitals at which the noncitizens  
are receiving treatment2  7,b7 the      
number of detained noncitizens who have 
recovered from ,,covid-#ai2  7,c7 the   
number of detained noncitizens currently
 in quarantine and the number of        
detained noncitizens in medical         
isolation for infection with or exposure
 to ,,covid-#ai2  7,d7 the number of    
detained noncitizens who have completed 
quarantine and the number of detained   

noncitizens who have been released from 
medical isolation2  7,e7 the number of  
detained noncitizens identified as      
having #a or more ,,covid-#ai risk      
factors2  7,f7 the number of noncitizens
 who have been released from detention  
because of #a or more ,,covid-#ai risk  
factors1 disaggregated by their         
applicable risk factor2  7,g7 the number
 of detained noncitizens with active    
,,covid-#ai cases in the previous weekly
 report who are not included in the     
present report1 disaggregated by the    
specific reason for such exclusion1     
including release1 negative ,,covid-#ai 
test1 transfer1 and absence of          
,,covid-#ai symptoms2  7,h7 the number  
of detained noncitizens who have died   
from ,,covid-#ai2  7,i7 the number of   
detained noncitizens who died after     
testing positive for ,,covid-#ai1 but   
the official cause of death was not     
,,covid-#ai2  7,j7 the number of        
detention facility staff hospitalized   
for a case of ,,covid-#ai2  7,k7 the    

number of detention facility staff who  
have recovered from ,,covid-#ai2 and    
7,l7 the number of detention facility   
staff who have died from a case of      
,,covid-#ai4  7#d7 ,general medical     
attention ,the number of detained       
noncitizens who have requested general  
medical attention1 including the number 
of such requests that were denied and   
the reasons for such denials4  7#e7     
,daily population ,average daily        
population of detained noncitizens for  
the week preceding the ,,covid-#ai      
emergency data collection period and for
 all weeks during such period4  7#f7    
,transferred noncitizens ,data related  
to the ,,covid-#ai testing1 results1 and
 case outcomes 7at the time of release7 
of noncitizens who were transferred     
between detention facilities during the 
reporting period1 including-- 7,a7 the  
number of all individuals who were      
transferred1 including-- 7i7 the dates  
on which such transfers occurred2  7ii7 
the number of such noncitizens who were 

tested and received a result before     
their transfer2 and  7iii7 the number of
 such noncitizens who were not tested or
 did not receive a result before their  
transfer2  7,b7 the purposes of such    
transfers2  7,c7 the dates on which     
,,covid-#ai testing occurred during the 
transfer process2  7,d7 the number of   
transferees who tested positive at any  
point during the transfer process2 and  
7,e7 the number of positive ,,covid-#ai 
cases in the transferring facility and  
in the arriving facility at the time of 
each such transfer4  7#g7 ,released     
noncitizens ,data related to the        
,,covid-#ai testing1 results1 and case  
outcomes 7at the time of release7 of    
noncitizens who were released from      
detention1 and juvenile noncitizens who 
were released from the custody of the   
,department of ,health and ,human       
,services1 during the reporting period1 
disaggregated by the type of release1   
and including-- 7,a7 individuals        
released to alternatives to detention   

programs as a result of the ,,covid-#ai 
public health emergency2 and  7,b7 any  
recent positive ,,covid-#ai tests and   
referrals to external medical care4     
7#h7 ,removed noncitizens ,data related 
to the ,,covid-#ai testing1 results1 and
 case outcomes 7at the time of removal  
or expulsion7 of noncitizens who were   
deported from an ,,ice1 ,,cbp1 ,,orr1 or
 contract detention facility during the 
reporting period1 including-- 7,a7 any  
recent positive ,,covid-#ai tests and   
referrals to external medical care2     
7,b7 the number of noncitizens removed  
or expelled from the ,united ,states2   
7,c7 the number of such noncitizens who 
were tested and received a result before
 their removal or expulsion2 and  7,d7  
the number of such noncitizens who were 
not tested or did not receive a result  
before their removal or expulsion4  7b7 
,disaggregation of data  7#a7 ,in       
general ,the data described in          
subsection 7a7 shall be disaggregated by
 sex1 sexual orientation1 gender        

identity1 age1 race1 ethnicity1         
disability1 last known place of         
residence1 location at which the        
individual is being detained1           
nationality1 and statutory authority for
 detention4  7#b7 ,exclusion of         
individuals incarcerated for            
nonimmigration reasons at contract      
detention facilities ,data regarding    
individuals incarcerated at contract    
detention facilities for nonimmigration 
reasons shall be excluded from the data 
described in subsection 7a74  7c7       
,detention period ,the data described in
 subsection 7a7 with respect to detained
 noncitizens who are infected with      
,,covid-#ai shall include1 to the extent
 practicable1 the period of their       
detention4  #f4 ,privacy protections    
7a7 ,in general ,any data collected1    
stored1 received1 or published under    
this ,act-- 7#a7 shall be collected1    
stored1 received1 or published in a     
manner that protects the privacy of     
individuals whose information is        

included in such data2  7#b7 shall be   
de-identified or anonymized in a manner 
that protects the identity of all       
individuals whose information is        
included in such data2  7#c7 shall      
comply with privacy protections provided
 under the regulations promulgated under
 section #bfd7;c7 of the ,health        
,insurance ,portability and             
,accountability ,act of #aiif 7#db      
,u4,s4,c4 #acbj;d-#b note72 and  7#d7   
shall be limited in use for the purpose 
of public health and be protected from  
all other internal use by any entity    
that collects1 stores1 or receives the  
data1 including use of such data in     
determinations of eligibility 7or       
continued eligibility7 in health plans1 
and from any other inappropriate uses4  
7b7 ,restriction on use of ,,covid-#ai  
status in immigration proceedings ,the  
,government may not use an noncitizen's 
positive ,,covid-#ai test1 an           
noncitizen's treatment for ,,covid-#ai  
symptoms1 or the state of the           

,,covid-#ai pandemic in the noncitizen's
 country of origin as evidence against  
the noncitizen in any immigration       
proceeding1 including-- 7#a7 a          
proceeding to determine if the          
noncitizen is a public charge2 and  7#b7
 proceedings involving asylum1          
withholding of removal1 and protection  
under the ,convention against ,torture  
and ,other ,cruel1 ,inhuman or          
,degrading ,treatment or ,punishment1   
done at ,new ,york ,december #aj1 #aihd4
  #g4 ,,covid-#ai safety protocols and  
practices  7a7 ,in general ,not later   
than #cj days after the date of the     
enactment of this ,act1 the ,director of
 ,u4,s4 ,immigration and ,customs       
,enforcement1 the ,commissioner of      
,u4,s4 ,customs and ,border ,protection1
 the ,director of the ,office of        
,refugee ,resettlement1 and any senior  
official acting in1 or performing the   
duties of1 any such position shall      
submit a report to the congressional    
committees referred to in section #d7;c7

 that identifies1 for each detention    
facility under the jurisdiction of the  
applicable agency head1 including       
contract detention facilities1 the      
protocols and practices for protecting  
detainees from exposure to the novel    
coronavirus 7,,sars-,co,v-#b71          
including-- 7#a7 the health standards at
 the facility1 including-- 7,a7 the     
standards for transfer to hospital or   
other specialized care2  7,b7 the       
procedure for the detained person to    
request and obtain a ,,covid-#ai test   
and associated results2 and  7,c7       
detainee access to information about the
 facility's ,,covid-#ai plans and       
protocols2  7#b7 the medical care       
provided to detainees1 including-- 7,a7 
the specific efforts to cohort smaller  
groups of detained people2  7,b7 the    
specific efforts to provide humane      
medical isolation to symptomatic people1
 and separately1 people who have tested 
positive for ,,covid-#ai2 and  7,c7 the 
standards for clinical monitoring of    

symptomatic and ,,covid-#ai positive    
detained persons2 and  7#c7 the         
sanitation practices at the facility1   
including the frequency and amount of   
detainees' access to soap and masks4    
7b7 ,notification of outbreak or        
exposure ,each detention facility shall 
create1 share1 and enforce a process for
 notifying anyone who has recently      
entered or visited such facility of any 
,,covid-#ai outbreak or exposure at such
 facility4  #h4 ,access to legal counsel
 ,not later than #cj days after the date
 of the enactment of this ,act1 and     
monthly thereafter1 the ,director of    
,u4,s4 ,immigration and ,customs        
,enforcement1 the ,commissioner of      
,u4,s4 ,customs and ,border ,protection1
 the ,director of the ,office of        
,refugee ,resettlement1 the head of each
 contract detention facility1 and any   
senior official acting in1 or performing
 the duties of1 any such position shall 
submit a report to the congressional    
committees referred to in section #d7;c7

 that identifies1 for each detention    
facility for which he or she is         
responsible-- 7#a7 the efforts made to  
ensure that each noncitizen detained in 
such facility has access to legal       
counsel2  7#b7 if any detained          
noncitizen does not have access to legal
 counsel1 the changes being made to     
ensure universal access to legal        
counsel2  7#c7 the number of telephones 
are available to detainees2  7#d7 the   
number of detainees who have used the   
free telephone call minutes available to
 them2  7#e7 the number of detainees who
 have access to video conference        
technology with their lawyers and the   
number of detainees have used video     
conference technology to communicate    
with their lawyers2  7#f7 the number of 
computers or internet-enabled portable  
electronic devices available to         
detainees2 and  7#g7 the process for    
notifying the public when the facility  
is locked down because of an outbreak1  
including the accommodations made during

 such lockdowns to provide detainees    
with increased access to telephones or  
videoconferencing4  #i4 ,right of       
detained noncitizens to access test     
results ,the ,director of ,u4,s4        
,immigration and ,customs ,enforcement1 
the ,commissioner of ,u4,s4 ,customs and
 ,border ,protection1 the ,director of  
the ,office of ,refugee ,resettlement1  
the head of each contract detention     
facility1 and any senior official acting
 in1 or performing the duties of1 any   
such position shall ensure that each    
detained noncitizen receives the results
 of1 and any medical records related to1
 any ,,covid-#ai diagnostic test        
administered to the noncitizen1 in the  
noncitizen's preferred language1 and in 
a private and confidential manner1 not  
later than #bd hours after such results 
become available4