I 116TH CONGRESS 2D SESSION H. R. 8913 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 DECEMBER 9, 2020 Mr. CASTRO of Texas (for himself, Mr. RASKIN, Mr. VARGAS, Ms. GARCIA of Texas, Mr. VELA, Mr. MCGOVERN, Mrs. WATSON COLEMAN, and Mr. GREEN of Texas) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Home- land Security, and Ways and Means, for a period to be subsequently de- termined 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 23:15 Dec 21, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8913.IH H8913 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 8913 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, and similar facilities operating under an 20 intergovernmental service agreement with any of 21 such Federal agencies, including intergovernmental 22 agreements with the United States Marshals Service. 23 (4) COVID–19.—The term ‘‘COVID–19’’ 24 means the 2019 novel coronavirus disease caused by 25 the SARS–CoV–2 virus. 26 VerDate Sep 11 2014 23:15 Dec 21, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8913.IH H8913 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 8913 IH (5) COVID–19 DIAGNOSTIC TEST.—The term 1 ‘‘COVID–19 diagnostic test’’ means a test— 2 (A) that is an in vitro diagnostic product 3 (as defined in section 809.3 of title 21, Code of 4 Federal Regulations) for the detection of 5 SARS–CoV–2; and 6 (B) the administration of which— 7 (i) is approved, cleared, or authorized 8 under section 510(k), 513, 515, or 564 of 9 the Federal Food, Drug, and Cosmetic Act 10 (21 U.S.C. 360(k), 360c, 360e, 360bbb–3); 11 (ii) the developer has requested, or in- 12 tends to request, emergency use authoriza- 13 tion under section 564 of the Federal 14 Food, Drug, and Cosmetic Act (21 U.S.C. 15 360bbb–3), unless and until the emergency 16 use authorization request under such sec- 17 tion 564 has been denied or the developer 18 of such test does not submit a request 19 under such section within a reasonable 20 timeframe; 21 (iii) is developed in and authorized by 22 a State that has notified the Secretary of 23 Health and Human Services of its inten- 24 VerDate Sep 11 2014 23:15 Dec 21, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8913.IH H8913 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 8913 IH tion to review tests intended to diagnose 1 COVID–19; or 2 (iv) is another test that the Secretary 3 determines appropriate in guidance. 4 (6) COVID–19 EMERGENCY DATA COLLECTION 5 PERIOD.—The term ‘‘COVID–19 emergency data 6 collection period’’ means the period beginning on the 7 date of enactment of this Act and ending on the 8 date that is 1 year after the date on which the pub- 9 lic health emergency declaration under section 319 10 of the Public Health Service Act (42 U.S.C. 247d), 11 with respect to COVID–19, terminates. 12 (7) FACILITY STAFF.—The term ‘‘facility staff’’ 13 includes all individuals who work in a detention fa- 14 cility, including any individual who regularly reports 15 for work within the detention facility, regardless of 16 the actual employer of such individual. 17 (8) ICE DETENTION FACILITY.—The term 18 ‘‘ICE detention facility’’ means any facility used by 19 U.S. Immigration and Customs Enforcement to de- 20 tain noncitizens, including service processing centers. 21 (9) ORR CONTRACTED FACILITY OR PRO- 22 GRAM.—The term ‘‘ORR contracted facility or pro- 23 gram’’ means any facility or program in which unac- 24 companied noncitizen children are in the care and 25 VerDate Sep 11 2014 23:15 Dec 21, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8913.IH H8913 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 8913 IH custody of the Department of Health and Human 1 Services. 2 (10) PUBLIC HEALTH EMERGENCY.—The term 3 ‘‘public health emergency’’ means— 4 (A) a national emergency involving Federal 5 primary responsibility determined to exist by 6 the President under section 501(b) of the Rob- 7 ert T. Stafford Disaster Relief and Emergency 8 Assistance Act (42 U.S.C. 5191(b)) with re- 9 spect to a communicable disease; 10 (B) a national emergency declared by the 11 President under sections 201 and 301 of the 12 National Emergencies Act (50 U.S.C. 1621 and 13 1631) with respect to a communicable disease; 14 (C) a national public health emergency de- 15 clared by the Secretary of Health and Human 16 Services under section 319 of the Public Health 17 Service Act (42 U.S.C. 247d); or 18 (D) a global pandemic declared by the 19 World Health Organization. 20 SEC. 3. COVID–19 DATA COLLECTION REQUIREMENTS. 21 (a) FEDERAL DETENTION FACILITIES.—The Direc- 22 tor of U.S. Immigration and Customs Enforcement, the 23 Commissioner of U.S. Customs and Border Protection, the 24 Director of the Office of Refugee Resettlement, and any 25 VerDate Sep 11 2014 23:15 Dec 21, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8913.IH H8913 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 8913 IH senior official acting in, or performing the duties of, any 1 such position shall, during the COVID–19 emergency data 2 collection period— 3 (1) post daily updates on the public website of 4 the applicable agency containing the information de- 5 scribed in section 5 with respect to staff working at 6 ICE detention facilities, CBP detention facilities, or 7 ORR contracted facilities or programs, respectively, 8 and noncitizens detained at such facilities or served 9 by such programs; 10 (2) archive, on a weekly basis, the data de- 11 scribed in paragraph (1) so that it remains publicly 12 accessible and in a machine readable format; and 13 (3) beginning not later than the earlier of the 14 date that is 14 days after the date on which the 15 CDC Director publishes the guidance required under 16 section 4(a) or 45 days after the date of the enact- 17 ment of this Act, submit weekly reports to the CDC 18 Director containing the information described in sec- 19 tion 5. 20 (b) CONTRACT DETENTION FACILITIES.— 21 (1) IN GENERAL.—Beginning not later than the 22 earlier of the date that is 14 days after the date on 23 which the CDC Director publishes the guidance re- 24 quired under section 4(a) or 45 days after the date 25 VerDate Sep 11 2014 23:15 Dec 21, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8913.IH H8913 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 8913 IH of the enactment of this Act, the head of each con- 1 tract detention facility shall— 2 (A) submit weekly reports to the Federal 3 agency with which the facility is under contract 4 and the public health authority of the State in 5 which the facility is located containing the data 6 described in section 5 with respect to staff 7 working at such facility and noncitizens de- 8 tained at such facility; 9 (B) post weekly updates containing the 10 data described in subparagraph (A) on the pub- 11 lic website of the facility, if the facility has a 12 public website, in a machine readable format, 13 and archive prior updates so that they remain 14 publicly accessible; and 15 (C) submit weekly reports containing the 16 data referred to in subparagraph (A) to— 17 (i) the Immigration Detention Om- 18 budsman designated pursuant to section 19 405 of the Homeland Security Act of 2002 20 (6 U.S.C. 205); and 21 (ii) the Office for Civil Rights and 22 Civil Liberties of the Department of 23 Homeland Security. 24 VerDate Sep 11 2014 23:15 Dec 21, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8913.IH H8913 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 8913 IH (2) SUBMISSION OF INFORMATION TO THE 1 CDC.—Not later than 24 hours after a Federal agen- 2 cy receives the data described in paragraph (1), the 3 head of such agency shall— 4 (A) submit such data to the CDC Director; 5 and 6 (B) post such data to the public website of 7 the agency, which shall be archived weekly and 8 shall remain publically accessible in a machine 9 readable format. 10 (c) USE OF EXISTING APPROPRIATIONS.— 11 (1) DEPARTMENT OF HEALTH AND HUMAN 12 SERVICES.—The Department of Health and Human 13 Services such use amounts otherwise appropriated 14 for the Office of Refugee Resettlement to carry out 15 its responsibilities under this section. 16 (2) U.S. IMMIGRATION AND CUSTOMS ENFORCE- 17 MENT.—U.S. Immigration and Customs Enforce- 18 ment shall use amounts otherwise appropriated to 19 the Custody Operations Account to carry out its re- 20 sponsibilities under this section. 21 (3) U.S. CUSTOMS AND BORDER PROTEC- 22 TION.—U.S. Customs and Border Protection shall 23 use amounts otherwise appropriated to the Procure- 24 VerDate Sep 11 2014 23:15 Dec 21, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8913.IH H8913 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 8913 IH ment, Construction, and Improvements Account to 1 carry out its responsibilities under this section. 2 SEC. 4. CDC REPORTS. 3 (a) GUIDANCE.—Not later than 30 days after the 4 date of enactment of this Act, the CDC Director shall 5 issue guidance for immigration detention facilities regard- 6 ing— 7 (1) the categories of data required to be re- 8 ported under this Act; and 9 (2) how the CDC Director will determine 10 whether a Federal or State agency is in compliance 11 with the requirements under this Act. 12 (b) PUBLICATION ON WEBSITE.— 13 (1) IN GENERAL.—Not later than 7 days after 14 data is reported to the Centers for Disease Control 15 and Prevention pursuant to section 3, the CDC Di- 16 rector shall make such data available to the public 17 on the website of the Centers for Disease Control 18 and Prevention, including all data reported by U.S. 19 Immigration and Customs Enforcement, U.S. Cus- 20 toms and Border Protection, and the Office of Ref- 21 ugee Resettlement. 22 (2) WEEKLY ARCHIVAL.—The data referred to 23 in paragraph (1) shall be archived weekly and shall 24 VerDate Sep 11 2014 23:15 Dec 21, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8913.IH H8913 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 8913 IH remain publically accessible in a machine readable 1 format. 2 (c) REPORTS TO CONGRESS.—Not later than 60 days 3 after the date of the enactment of this Act, and monthly 4 thereafter during the COVID–19 emergency data collec- 5 tion period, the CDC Director shall submit a report to 6 Committee on Health, Education, Labor, and Pensions of 7 the Senate, the Committee on the Judiciary of the Senate, 8 the Committee on Homeland Security of the House of 9 Representatives, and the Committee on the Judiciary of 10 the House of Representatives that— 11 (1) summarizes the information submitted by 12 U.S. Immigration and Customs Enforcement, U.S. 13 Customs and Border Protection, the Office of Ref- 14 ugee Resettlement, and State public health authori- 15 ties pursuant to section 3; and 16 (2) analyzes the trends and patterns of the dis- 17 ease outbreak and the care provided in immigration 18 detention facilities and contracted facilities. 19 SEC. 5. COVID–19 DATA. 20 (a) IN GENERAL.—The data described in this section 21 is the following data with respect to each ICE, CBP, ORR, 22 and contract detention facility: 23 (1) TESTING NUMBERS.—Data related to 24 COVID–19 diagnostic testing by such facilities, in- 25 VerDate Sep 11 2014 23:15 Dec 21, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8913.IH H8913 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 8913 IH cluding cumulative and new (since the previous 1 weekly report) counts of— 2 (A) the number of detained noncitizens 3 tested for COVID–19, including the dates on 4 which such tests were administered, 5 disaggregated by— 6 (i) first-time COVID–19 diagnostic 7 tests and retests; and 8 (ii) symptomatic and asymptomatic; 9 (B) the number of detained noncitizens 10 who have requested COVID–19 testing, includ- 11 ing the number of such requests that were de- 12 nied and the reasons for such denials; 13 (C) the number of facility staff tested for 14 COVID–19, disaggregated by first-time 15 COVID–19 diagnostic tests and retests; and 16 (D) the COVID–19 diagnostic test devel- 17 oper and test name for each COVID–19 diag- 18 nostic test conducted. 19 (2) TEST RESULTS.—Data related to COVID– 20 19 diagnostic testing outcomes, including cumulative 21 and new (since the previous weekly report) counts 22 of— 23 VerDate Sep 11 2014 23:15 Dec 21, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H8913.IH H8913 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 8913 IH (A) the number of confirmed active cases 1 of COVID–19 among detained noncitizens, 2 disaggregated by— 3 (i) first-time COVID–19 diagnostic 4 tests and retests; and 5 (ii) the COVID–19 diagnostic test de- 6 veloper and test name for each COVID–19 7 diagnostic test used to confirm each active 8 case; 9 (B) the number of confirmed negative 10 cases of COVID–19 among detained nonciti- 11 zens, disaggregated— 12 (i) by first-time COVID–19 diagnostic 13 tests and retests; and 14 (ii) the COVID–19 diagnostic test de- 15 veloper and test name for each COVID–19 16 diagnostic test used to confirm each nega- 17 tive case; 18 (C) the number of confirmed active cases 19 of COVID–19 among detention facility staff, 20 disa [Text truncated for display. 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