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- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘COVID–19 in Immi- 4 gration Detention Data Transparency Act’’. 5 VerDate Sep 11 2014 20:13 May 06, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1681.IH H1681 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1681 IH SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) CBP DETENTION FACILITY.—The term 3 ‘‘CBP detention facility’’ means any facility used by 4 U.S. Customs and Border Protection to detain non- 5 citizens. 6 (2) CDC DIRECTOR.—The term ‘‘CDC Direc- 7 tor’’ means the Director of the Centers for Disease 8 Control and Prevention. 9 (3) CONTRACT DETENTION FACILITY.—The 10 term ‘‘contract detention facility’’ means any facility 11 used for the detention of noncitizens that is operated 12 by a government agency or a private entity that has 13 contracted with U.S. Immigration and Customs En- 14 forcement, U.S. Customs and Border Protection, or 15 the Office of Refugee Resettlement to provide such 16 detention services, including service processing cen- 17 ters, juvenile detention facilities, family residential 18 centers, facilities holding noncitizens awaiting re- 19 moval, holding facilities, and similar facilities oper- 20 ating under an intergovernmental service agreement 21 with any of such Federal agencies, including inter- 22 governmental agreements with the United States 23 Marshals Service. 24 VerDate Sep 11 2014 20:13 May 06, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1681.IH H1681 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1681 IH (4) COVID–19.—The term ‘‘COVID–19’’ 1 means the 2019 novel coronavirus disease caused by 2 the SARS–CoV–2 virus. 3 (5) COVID–19 DIAGNOSTIC TEST.—The term 4 ‘‘COVID–19 diagnostic test’’ means a test— 5 (A) that is an in vitro diagnostic product 6 (as defined in section 809.3 of title 21, Code of 7 Federal Regulations) for the detection of 8 SARS–CoV–2; and 9 (B) the administration of which— 10 (i) is approved, cleared, or authorized 11 under section 510(k), 513, 515, or 564 of 12 the Federal Food, Drug, and Cosmetic Act 13 (21 U.S.C. 360(k), 360c, 360e, 360bbb–3); 14 (ii) the developer has requested, or in- 15 tends to request, emergency use authoriza- 16 tion under section 564 of the Federal 17 Food, Drug, and Cosmetic Act (21 U.S.C. 18 360bbb–3), unless and until the emergency 19 use authorization request under such sec- 20 tion 564 has been denied or the developer 21 of such test does not submit a request 22 under such section within a reasonable 23 timeframe; 24 VerDate Sep 11 2014 20:13 May 06, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1681.IH H1681 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1681 IH (iii) is developed in and authorized by 1 a State that has notified the Secretary of 2 Health and Human Services of its inten- 3 tion to review tests intended to diagnose 4 COVID–19; or 5 (iv) is another test that the Secretary 6 determines appropriate in guidance. 7 (6) COVID–19 EMERGENCY DATA COLLECTION 8 PERIOD.—The term ‘‘COVID–19 emergency data 9 collection period’’ means the period beginning on the 10 date of enactment of this Act and ending on the 11 date that is 1 year after the date on which the pub- 12 lic health emergency declaration under section 319 13 of the Public Health Service Act (42 U.S.C. 247d), 14 with respect to COVID–19, terminates. 15 (7) COVID–19 RISK FACTORS.—The term 16 ‘‘COVID–19 risk factors’’ includes advanced age, 17 underlying conditions, and other factors identified by 18 the Centers for Disease Control and Prevention. 19 (8) FACILITY STAFF.—The term ‘‘facility staff’’ 20 includes all individuals who work in a detention fa- 21 cility, including any individual who regularly reports 22 for work within the detention facility, regardless of 23 the actual employer of such individual. 24 VerDate Sep 11 2014 20:13 May 06, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1681.IH H1681 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 1681 IH (9) ICE DETENTION FACILITY.—The term 1 ‘‘ICE detention facility’’ means any facility used by 2 U.S. Immigration and Customs Enforcement to de- 3 tain or process noncitizens, including service proc- 4 essing centers and hold rooms. 5 (10) ORR CONTRACTED FACILITY OR PRO- 6 GRAM.—The term ‘‘ORR contracted facility or pro- 7 gram’’ means any facility or program in which unac- 8 companied noncitizen children are in the care and 9 custody of the Department of Health and Human 10 Services. 11 (11) PUBLIC HEALTH EMERGENCY.—The term 12 ‘‘public health emergency’’ means— 13 (A) a national emergency involving Federal 14 primary responsibility determined to exist by 15 the President under section 501(b) of the Rob- 16 ert T. Stafford Disaster Relief and Emergency 17 Assistance Act (42 U.S.C. 5191(b)) with re- 18 spect to a communicable disease; 19 (B) a national emergency declared by the 20 President under sections 201 and 301 of the 21 National Emergencies Act (50 U.S.C. 1621 and 22 1631) with respect to a communicable disease; 23 (C) a national public health emergency de- 24 clared by the Secretary of Health and Human 25 VerDate Sep 11 2014 20:13 May 06, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1681.IH H1681 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 1681 IH Services under section 319 of the Public Health 1 Service Act (42 U.S.C. 247d); or 2 (D) a global pandemic declared by the 3 World Health Organization. 4 SEC. 3. COVID–19 DATA COLLECTION REQUIREMENTS. 5 (a) FEDERAL DETENTION FACILITIES.—The Direc- 6 tor of U.S. Immigration and Customs Enforcement, the 7 Commissioner of U.S. Customs and Border Protection, the 8 Director of the Office of Refugee Resettlement, and any 9 senior official acting in, or performing the duties of, any 10 such position shall, during the COVID–19 emergency data 11 collection period— 12 (1) post daily updates on the public website of 13 the applicable agency containing the information de- 14 scribed in section 5 with respect to staff working at 15 ICE detention facilities, CBP detention facilities, or 16 ORR contracted facilities or programs, respectively, 17 and noncitizens detained at such facilities or served 18 by such programs; 19 (2) archive, on a weekly basis, the data de- 20 scribed in paragraph (1) so that it remains publicly 21 accessible and in a machine readable format; and 22 (3) beginning not later than the earlier of the 23 date that is 14 days after the date on which the 24 CDC Director publishes the guidance required under 25 VerDate Sep 11 2014 20:13 May 06, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1681.IH H1681 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 1681 IH section 4(a) or 45 days after the date of the enact- 1 ment of this Act, submit weekly reports to the CDC 2 Director containing the information described in sec- 3 tion 5. 4 (b) CONTRACT DETENTION FACILITIES.— 5 (1) IN GENERAL.—Beginning not later than the 6 earlier of the date that is 14 days after the date on 7 which the CDC Director publishes the guidance re- 8 quired under section 4(a) or 45 days after the date 9 of the enactment of this Act, the head of each con- 10 tract detention facility shall— 11 (A) submit weekly reports to the Federal 12 agency with which the facility is under contract 13 and the public health authority of the State in 14 which the facility is located containing the data 15 described in section 5 with respect to staff 16 working at such facility and noncitizens de- 17 tained at such facility; 18 (B) post weekly updates containing the 19 data described in subparagraph (A) on the pub- 20 lic website of the facility, if the facility has a 21 public website, in a machine readable format, 22 and archive prior updates so that they remain 23 publicly accessible; and 24 VerDate Sep 11 2014 20:13 May 06, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1681.IH H1681 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 1681 IH (C) submit weekly reports containing the 1 data referred to in subparagraph (A) to— 2 (i) the Immigration Detention Om- 3 budsman designated pursuant to section 4 405 of the Homeland Security Act of 2002 5 (6 U.S.C. 205); and 6 (ii) the Office for Civil Rights and 7 Civil Liberties of the Department of 8 Homeland Security. 9 (2) SUBMISSION OF INFORMATION TO THE 10 CDC.—Not later than 24 hours after a Federal agen- 11 cy receives the data described in paragraph (1), the 12 head of such agency shall— 13 (A) submit such data to the CDC Director; 14 and 15 (B) post such data to the public website of 16 the agency, disaggregated by individual contract 17 detention facility, which shall be archived week- 18 ly and shall remain publicly accessible in a ma- 19 chine readable format. 20 (c) USE OF EXISTING APPROPRIATIONS.— 21 (1) DEPARTMENT OF HEALTH AND HUMAN 22 SERVICES.—The Department of Health and Human 23 Services shall use amounts otherwise appropriated 24 VerDate Sep 11 2014 20:13 May 06, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1681.IH H1681 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 1681 IH for the Office of Refugee Resettlement to carry out 1 its responsibilities under this section. 2 (2) U.S. IMMIGRATION AND CUSTOMS ENFORCE- 3 MENT.—U.S. Immigration and Customs Enforce- 4 ment shall use amounts otherwise appropriated to 5 the Custody Operations Account to carry out its re- 6 sponsibilities under this section. 7 (3) U.S. CUSTOMS AND BORDER PROTEC- 8 TION.—U.S. Customs and Border Protection shall 9 use amounts otherwise appropriated to the Procure- 10 ment, Construction, and Improvements Account to 11 carry out its responsibilities under this section. 12 SEC. 4. CDC REPORTS. 13 (a) GUIDANCE.—Not later than 30 days after the 14 date of enactment of this Act, the CDC Director shall 15 issue guidance for immigration detention facilities regard- 16 ing— 17 (1) the categories of data required to be re- 18 ported under this Act; and 19 (2) how the CDC Director will determine 20 whether a Federal or State agency is in compliance 21 with the requirements under this Act. 22 (b) PUBLICATION ON WEBSITE.— 23 (1) IN GENERAL.—Not later than 7 days after 24 data is reported to the Centers for Disease Control 25 VerDate Sep 11 2014 20:13 May 06, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1681.IH H1681 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 1681 IH and Prevention pursuant to section 3, the CDC Di- 1 rector shall make such data available to the public 2 on the website of the Centers for Disease Control 3 and Prevention, including all data reported by U.S. 4 Immigration and Customs Enforcement, U.S. Cus- 5 toms and Border Protection, and the Office of Ref- 6 ugee Resettlement. 7 (2) WEEKLY ARCHIVAL.—The data referred to 8 in paragraph (1) shall be archived weekly and shall 9 remain publicly accessible in a machine readable for- 10 mat. 11 (c) REPORTS TO CONGRESS.—Not later than 60 days 12 after the date of the enactment of this Act, and monthly 13 thereafter during the COVID–19 emergency data collec- 14 tion period, the CDC Director shall submit a report to 15 the Committee on Homeland Security and Governmental 16 Affairs of the Senate, the Committee on Health, Edu- 17 cation, Labor, and Pensions of the Senate, the Committee 18 on the Judiciary of the Senate, the Committee on Home- 19 land Security of the House of Representatives, the Com- 20 mittee on Energy and Commerce of the House of Rep- 21 resentatives, and the Committee on the Judiciary of the 22 House of Representatives that— 23 (1) summarizes the information submitted by 24 U.S. Immigration and Customs Enforcement, U.S. 25 VerDate Sep 11 2014 20:13 May 06, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1681.IH H1681 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 1681 IH Customs and Border Protection, the Office of Ref- 1 ugee Resettlement, and State public health authori- 2 ties pursuant to section 3; and 3 (2) analyzes the trends and patterns of the dis- 4 ease outbreak and the care provided in immigration 5 detention facilities and contracted facilities. 6 SEC. 5. COVID–19 DATA. 7 (a) IN GENERAL.—The data described in this section 8 is the following data with respect to each ICE, CBP, ORR, 9 and contract detention facility: 10 (1) TESTING NUMBERS.—Data related to 11 COVID–19 diagnostic testing by such facilities, in- 12 cluding cumulative and new (since the previous 13 weekly report) counts of— 14 (A) the number of detained noncitizens 15 tested for COVID–19, including the dates on 16 which such tests were administered, 17 disaggregated by— 18 (i) first-time COVID–19 diagnostic 19 tests and retests; and 20 (ii) symptomatic and asymptomatic; 21 (B) the number of detained noncitizens 22 who have requested COVID–19 testing, includ- 23 ing the number of such requests that were de- 24 nied and the reasons for such denials; 25 VerDate Sep 11 2014 20:13 May 06, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1681.IH H1681 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 1681 IH (C) the number of facility staff tested for 1 COVID–19, disaggregated by first-time 2 COVID–19 diagnostic tests and retests; and 3 (D) the COVID–19 diagnostic test devel- 4 oper and test name for each COVID–19 diag- 5 nostic test conducted. 6 (2) TEST RESULTS.—Data related to COVID– 7 19 diagnostic testing outcomes, including cumulative 8 and new (since the previous weekly report) counts 9 of— 10 (A) the number of confirmed active cases 11 of COVID–19 among detained noncitizens, 12 disaggregated by— 13 (i) first-time COVID–19 diagnostic 14 tests and retests; and 15 (ii) the COVID–19 diagnostic test de- 16 veloper and test name for each COVID–19 1 [Text truncated for display. 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