I 

117TH CONGRESS 

1ST SESSION H. R. 2194 

To provide for expedited compassionate release in the event of a public 

health emergency. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2021 

Mr. CICILLINE introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To provide for expedited compassionate release in the event 

of a public health emergency. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. COMPASSIONATE RELEASE FOR PUBLIC 

4 HEALTH EMERGENCIES. 

5 (a) IN GENERAL.—Section 3622 of title 18, United 

6 States Code, is amended— 

7 (1) in the matter preceding subsection (a), by 

8 inserting ‘‘or the sentencing court’’ after ‘‘The Bu9 reau of Prisons’’; 


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1 (2) in subsection (b), by striking ‘‘or’’ at the 

2 end; 

3 (3) in subsection (c), by striking the period at 

4 the end and inserting ‘‘; or’’; and 

5 (4) by adding at the end the following: 

6 ‘‘(d) in the event of a public health emergency and 

7 if the Bureau or the sentencing court, as the case may 

8 be, determines that there exists a substantial, imminent 

9 health risk to the prisoner, other prisoners, or Bureau em10 ployees, reside in the community under the supervision of 

11 the Office of Probation and Pretrial Services for the judi12 cial district in which the community is located.’’. 

13 (b) COMPASSIONATE RELEASE PETITION.—Section 

14 3582 of title 18, United States Code, is amended— 

15 (1) in subsection (c)(1)(A), in the matter pre16 ceding clause (i) by inserting ‘‘or, during a public 

17 health emergency (as defined in section 3627), upon 

18 motion of the defendant prior to exhaustion of all 

19 administrative appeals or the lapse of 30-days,’’ 

20 after ‘‘whichever is earlier,’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(f) PROCEDURES DURING A PUBLIC HEALTH

23 EMERGENCY.— 

24 ‘‘(1) PROMPT RELEASE OF MEDICAL

25 RECORDS.—If the defendant’s attorney submits a 


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1 declaration to the Bureau of Prisons under penalty 

2 of perjury that counsel is seeking records to file a 

3 motion described in subsection (c)(1)(A) during a 

4 public health emergency, the Bureau of Prisons shall 

5 promptly release all medical records from the year 

6 preceding the declaration to the defendant’s attor7 ney. 

8 ‘‘(2) EXPEDITED PROCEDURES.—The court 

9 shall expedite, to the extent practicable, ruling on 

10 motions filed under subsection (c)(1)(A) during a 

11 public health emergency.’’. 

12 (d) DEFINITION OF PUBLIC HEALTH EMERGENCY.— 

13 Subchapter C of chapter 229 of title 18, United States 

14 Code, is amended by adding at the end the following: 

15 ‘‘§ 3627. Definition of public health emergency 

16 ‘‘In this subchapter, the term ‘public health emer17 gency’— 

18 ‘‘(1) means— 

19 ‘‘(A) a public health emergency declared by 

20 the Secretary of Health and Human Services 

21 under section 319 of the Public Health Service 

22 Act (42 U.S.C. 247d); or 

23 ‘‘(B) a public health emergency declared 

24 by the Governor of a State or territory in which 

25 a Bureau of Prisons facility is located; and 


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1 ‘‘(2) includes the public health emergency de2 clared by the Secretary of Health and Human Serv3 ices on January 31, 2020, in response to COVID– 

4 19.’’. 

5 (e) TECHNICAL AND CONFORMING AMENDMENT.— 

6 The table of sections for subchapter C of chapter 229 of 

7 title 18, United States Code, is amended by adding at the 

8 end the following: 

‘‘3627. Definition of public health emergency.’’. 

Æ 


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