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U.S.C. 5191(b)), during the period covered by such 
emergency declaration and any subsequent major 
disaster declaration under section 401 of such Act 
(42 U.S.C. 5170) that supersedes such emergency 
declaration. 
(e) DETERMINATION
OF
LOW-INCOME
HOUSE-
HOLDS.— 
(1) MINIMUM DEFINITION OF LOW-INCOME.—In 
determining whether a household is considered low- 
income for the purposes of this section, a State or 
Indian Tribe— 
(A) shall ensure that, at a minimum— 
(i) all households with income equal to 
or less than 150 percent of the Federal 
poverty line are included as low-income 
households; and 
(ii) all households with income equal 
to or less than 60 percent of the State me-
dian income are included as low-income 
households; 
(B) may include households that have been 
adversely economically affected by job loss or 
severe income loss related to the public health 
emergency; and 
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(C) may include other households, includ-
ing households in which 1 or more individuals 
are receiving— 
(i) assistance under the State pro-
gram funded under part A of title IV of 
the Social Security Act (42 U.S.C. 601 et 
seq.); 
(ii) supplemental security income pay-
ments under title XVI of the Social Secu-
rity Act (42 U.S.C. 1381 et seq.); 
(iii) supplemental nutrition assistance 
program benefits under the Food and Nu-
trition Act of 2008 (7 U.S.C. 2011 et 
seq.); or 
(iv) payments under section 1315, 
1521, 1541, or 1542 of title 38, United 
States Code, or under section 306 of the 
Veterans’ and Survivors’ Pension Improve-
ment Act of 1978. 
(2) HOUSEHOLD
DOCUMENTATION
REQUIRE-
MENTS.—States and Indian Tribes shall— 
(A) to the maximum extent practicable, 
seek to limit the income history documentation 
requirements for determining whether a house-
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hold is considered low-income for the purposes 
of this section; and 
(B) for the purposes of income eligibility, 
accept proof of job loss or severe income loss 
dated after February 29, 2020, such as a layoff 
or furlough notice or verification of application 
of unemployment benefits, as sufficient to dem-
onstrate lack of income for an individual or 
household. 
(f) APPLICATIONS.—Each State or Indian Tribe de-
siring to receive a grant under this section shall submit 
an application to the Secretary, in such form as the Sec-
retary shall require. 
(g) UTILITY RESPONSIBILITIES.—Owners or opera-
tors of public water systems or treatment works receiving 
funds pursuant to this section for the purposes of reducing 
rates charged to low-income households for service shall— 
(1) conduct outreach activities designed to en-
sure that such households are made aware of the 
rate assistance available pursuant to this section; 
(2) charge such households, in the normal bill-
ing process, not more than the difference between 
the actual cost of the service provided and the 
amount of the payment made by the State or Indian 
Tribe pursuant to this section; and 
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(3) within 45 days of providing assistance to a 
household pursuant to this section, notify in writing 
such household of the amount of such assistance. 
(h) STATE AGREEMENTS WITH DRINKING WATER 
AND WASTEWATER PROVIDERS.—To the maximum extent 
practicable, a State that receives a grant under this sec-
tion shall enter into agreements with owners and operators 
of public water systems, owners and operators of treat-
ment works, municipalities, nonprofit organizations asso-
ciated with providing drinking water, wastewater, and 
other social services to rural and small communities, and 
Indian Tribes, to assist in identifying low-income house-
holds and to carry out this section. 
(i) ADMINISTRATIVE COSTS.—A State or Indian 
Tribe that receives a grant under this section may use up 
to 8 percent of the granted amounts for administrative 
costs. 
(j) FEDERAL AGENCY COORDINATION.—In carrying 
out this section, the Secretary shall coordinate with the 
Administrator of the Environmental Protection Agency 
and consult with other Federal agencies with authority 
over the provision of drinking water and wastewater serv-
ices. 
(k) AUDITS.—The Secretary shall require each State 
and Indian Tribe receiving a grant under this section to 
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undertake periodic audits and evaluations of expenditures 
made by such State or Indian Tribe pursuant to this sec-
tion. 
(l) REPORTS TO CONGRESS.—The Secretary shall 
submit to Congress a report on the results of activities 
carried out pursuant to this section— 
(1) not later than 1 year after the date of en-
actment of this section; and 
(2) upon disbursement of all funds appropriated 
pursuant to this section. 
(m) DEFINITIONS.—In this section: 
(1) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
means any Indian Tribe, band, group, or community 
recognized by the Secretary of the Interior and exer-
cising governmental authority over a Federal Indian 
reservation. 
(2) MUNICIPALITY.—The term ‘‘municipality’’ 
has the meaning given such term in section 502 of 
the Federal Water Pollution Control Act (33 U.S.C. 
1362). 
(3) PUBLIC HEALTH EMERGENCY.—The term 
‘‘public health emergency’’ means the public health 
emergency described in section 1135(g)(1)(B) of the 
Social Security Act (42 U.S.C. 1320b–5). 
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(4) PUBLIC WATER SYSTEM.—The term ‘‘public 
water system’’ has the meaning given such term in 
section 1401 of the Safe Drinking Water Act (42 
U.S.C. 300f). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services. 
(6) STATE.—The term ‘‘State’’ means a State, 
the District of Columbia, the Commonwealth of 
Puerto Rico, the Virgin Islands of the United States, 
Guam, American Samoa, and the Commonwealth of 
the Northern Mariana Islands. 
(7) TREATMENT WORKS.—The term ‘‘treatment 
works’’ has the meaning given that term in section 
212 of the Federal Water Pollution Control Act (33 
U.S.C. 1292). 
SEC. 190704. HOME WATER SERVICE CONTINUITY. 
(a) CONTINUITY OF SERVICE.—Any entity receiving 
financial assistance under division A of this Act shall, to 
the maximum extent practicable, establish or maintain in 
effect policies to ensure that, with respect to any service 
provided by a public water system or treatment works to 
an occupied residence, which service is provided or regu-
lated by such entity— 
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(1) no such service is or remains disconnected 
or interrupted during the emergency period because 
of nonpayment; 
(2) all reconnections of such service are con-
ducted in a manner that minimizes risk to the health 
of individuals receiving such service; and 
(3) no fees for late payment of bills for such 
service are charged or accrue during the emergency 
period. 
(b) EFFECT.—Nothing in this section shall be con-
strued to require forgiveness of outstanding debt owed to 
an entity or to absolve an individual of any obligation to 
an entity for service. 
(c) DEFINITIONS.—In this section: 
(1) EMERGENCY
PERIOD.—The term ‘‘emer-
gency period’’ means the emergency period described 
in section 1135(g)(1)(B) of the Social Security Act 
(42 U.S.C. 1320b–5). 
(2) PUBLIC WATER SYSTEM.—The term ‘‘public 
water system’’ has the meaning given such term in 
section 1401 of the Safe Drinking Water Act (42 
U.S.C. 300f). 
(3) TREATMENT WORKS.—The term ‘‘treatment 
works’’ has the meaning given that term in section 
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212 of the Federal Water Pollution Control Act (33 
U.S.C. 1292). 
TITLE 
VIII—DEATH 
AND 
DIS-
ABILITY BENEFITS FOR PUB-
LIC 
SAFETY 
OFFICERS 
IM-
PACTED BY COVID–19 
SEC. 190801. SHORT TITLE. 
This title may be cited as the ‘‘Public Safety Officer 
Pandemic Response Act of 2020’’. 
SEC. 190802. DEATH AND DISABILITY BENEFITS FOR PUB-
LIC SAFETY OFFICERS IMPACTED BY COVID– 
19. 
Section 1201 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10281) is amended by 
adding at the end the following new subsection: 
‘‘(o) For purposes of this part: 
‘‘(1) COVID–19 shall be presumed to constitute 
a personal injury within the meaning of subsection 
(a), sustained in the line of duty by a public safety 
officer and directly and proximately resulting in 
death, unless such officer is shown to have per-
formed no line of duty activity or action within the 
45 days immediately preceding a diagnosis of, or 
positive test for COVID–19. 
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‘‘(2) The Attorney General shall accept claims, 
including supplemental claims, under this section 
from an individual who— 
‘‘(A) was serving as a public safety officer 
and was injured or disabled in the line of duty 
as a result of the terrorist attacks on the 
United States that occurred on September 11, 
2001, or in the aftermath of such attacks devel-
oped a condition described in section 3312(a) of 
the Public Health Service Act (42 U.S.C. 
300mm–22(a)); and 
‘‘(B) was diagnosed with COVID–19 dur-
ing the period described in paragraph (3), 
which, in combination with the injury or dis-
ability described in subparagraph (A), perma-
nently and totally disabled or directly and 
proximately resulted in the death of the indi-
vidual. 
In assessing a claim under this paragraph, the pre-
sumption of causation described in paragraph (1) 
shall apply. 
‘‘(3) The presumption described in paragraph 
(1) shall apply with respect to a diagnosis of 
COVID–19 beginning on January 20, 2020, and 
ending on the date that is one year after the emer-
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gency period (as such term is defined in section 
1135(g) of the Social Security Act (42 U.S.C. 
1320b–5(g))) based on the COVID–19 public health 
emergency ends. 
‘‘(4) The term ‘COVID–19’ means a disease 
caused by severe acute respiratory syndrome 
coronavirus 2 (SARS–CoV–2). 
‘‘(p) In determining whether the personal injury re-
sulting from COVID–19 was a catastrophic injury, the At-
torney General’s inquiry shall be limited to whether the 
individual is permanently prevented from performing any 
gainful work as a public safety officer.’’. 
TITLE IX—VICTIMS OF CRIME 
ACT AMENDMENTS 
SEC. 190901. SHORT TITLE. 
This title may be cited as the ‘‘Victims of Crime Act 
Fix Act of 2020’’. 
SEC. 190902. DEPOSITS OF FUNDING INTO THE CRIME VIC-
TIMS FUND. 
Section 1402(b) of the Victims of Crime Act of 1984 
(34 U.S.C. 20101(b)) is amended— 
(1) in paragraph (4), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (5), by striking the period at 
the end and inserting ‘‘; and’’; and 
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(3) by adding at the end the following: 
‘‘(6) any funds that would otherwise be depos-
ited in the general fund of the Treasury collected as 
pursuant to— 
‘‘(A) a deferred prosecution agreement; or 
‘‘(B) a non-prosecution agreement.’’. 
SEC. 190903. WAIVER OF MATCHING REQUIREMENT. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of VOCA, during the COVID–19 emergency period 
and for the period ending one year after the date on which 
such period expires or is terminated, the Attorney General, 
acting through the Director of the Office for Victims of 
Crime, may not impose any matching requirement as a 
condition of receipt of funds under any program to provide 
assistance to victims of crimes authorized under the Vic-
tims of Crime Act of 1984 (34 U.S.C. 20101 et seq.). 
(b) 
DEFINITION.—In 
this 
section, 
the 
term 
‘‘COVID–19 emergency period’’ means the period begin-
ning on the date on which the President declared a na-
tional emergency under the National Emergencies Act (50 
U.S.C. 1601 et seq.) with respect to the Coronavirus Dis-
ease 2019 (COVID–19) and ending on the date that is 
30 days after the date on which the national emergency 
declaration is terminated. 
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(c) APPLICATION.—This section shall apply with re-
spect to— 
(1) applications submitted during the period de-
scribed under subsection (a), including applications 
for which funds will be distributed after such period; 
and 
(2) distributions of funds made during the pe-
riod described under subsection (a), including dis-
tributions made pursuant to applications submitted 
before such period. 
TITLE X—JABARA-HEYER NO 
HATE ACT 
SEC. 191001. SHORT TITLE. 
This title may be cited as the ‘‘Jabara-Heyer Na-
tional Opposition to Hate, Assault, and Threats to Equal-
ity Act of 2020’’ or the ‘‘Jabara-Heyer NO HATE Act’’. 
SEC. 191002. FINDINGS. 
Congress finds the following: 
(1) The incidence of violence known as hate 
crimes or crimes motivated by bias poses a serious 
national problem. 
(2) According to data obtained by the Federal 
Bureau of Investigation, the incidence of such vio-
lence increased in 2017, the most recent year for 
which data is available. 
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(3) In 1990, Congress enacted the Hate Crime 
Statistics Act (Public Law 101–275; 28 U.S.C. 534 
note) to provide the Federal Government, law en-
forcement agencies, and the public with data regard-
ing the incidence of hate crime. The Hate Crimes 
Statistics Act and the Matthew Shepard and James 
Byrd, Jr. Hate Crimes Prevention Act (division E of 
Public Law 111–84; 123 Stat. 2835) have enabled 
Federal authorities to understand and, where appro-
priate, investigate and prosecute hate crimes. 
(4) A more complete understanding of the na-
tional problem posed by hate crime is in the public 
interest and supports the Federal interest in eradi-
cating bias-motivated violence referenced in section 
249(b)(1)(C) of title 18, United States Code. 
(5) However, a complete understanding of the 
national problem posed by hate crimes is hindered 
by incomplete data from Federal, State, and local 
jurisdictions through the Uniform Crime Reports 
program authorized under section 534 of title 28, 
United States Code, and administered by the Fed-
eral Bureau of Investigation. 
(6) Multiple factors contribute to the provision 
of inaccurate and incomplete data regarding the in-
cidence of hate crime through the Uniform Crime 
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Reports program. A significant contributing factor is 
the quality and quantity of training that State and 
local law enforcement agencies receive on the identi-
fication and reporting of suspected bias-motivated 
crimes. 
(7) The problem of crimes motivated by bias is 
sufficiently serious, widespread, and interstate in na-
ture as to warrant Federal financial assistance to 
States and local jurisdictions. 
(8) Federal financial assistance with regard to 
certain violent crimes motivated by bias enables Fed-
eral, State, and local authorities to work together as 
partners in the investigation and prosecution of such 
crimes. 
SEC. 191003. DEFINITIONS. 
In this title: 
(1) HATE
CRIME.—The term ‘‘hate crime’’ 
means an act described in section 245, 247, or 249 
of title 18, United States Code, or in section 901 of 
the Civil Rights Act of 1968 (42 U.S.C. 3631). 
(2) PRIORITY
AGENCY.—The term ‘‘priority 
agency’’ means— 
(A) a law enforcement agency of a unit of 
local government that serves a population of not 
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less than 100,000, as computed by the Federal 
Bureau of Investigation; or 
(B) a law enforcement agency of a unit of 
local government that— 
(i) serves a population of not less than 
50,000 and less than 100,000, as com-
puted by the Federal Bureau of Investiga-
tion; and 
(ii) has reported no hate crimes 
through the Uniform Crime Reports pro-
gram in each of the 3 most recent calendar 
years for which such data is available. 
(3) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 901 of title I of the 
Omnibus Crime Control and Safe Streets Act of 
1968 (34 U.S.C. 10251). 
(4) UNIFORM
CRIME
REPORTS.—The term 
‘‘Uniform Crime Reports’’ means the reports author-
ized under section 534 of title 28, United States 
Code, and administered by the Federal Bureau of 
Investigation that compile nationwide criminal sta-
tistics for use— 
(A) in law enforcement administration, op-
eration, and management; and 
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(B) to assess the nature and type of crime 
in the United States. 
(5) UNIT OF LOCAL GOVERNMENT.—The term 
‘‘unit of local government’’ has the meaning given 
the term in section 901 of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (34 
U.S.C. 10251). 
SEC. 191004. REPORTING OF HATE CRIMES. 
(a) IMPLEMENTATION GRANTS.— 
(1) IN GENERAL.—The Attorney General may 
make grants to States and units of local government 
to assist the State or unit of local government in im-
plementing the National Incident-Based Reporting 
System, including to train employees in identifying 
and classifying hate crimes in the National Incident- 
Based Reporting System. 
(2) PRIORITY.—In making grants under para-
graph (1), the Attorney General shall give priority to 
States and units of local government with larger 
populations. 
(b) REPORTING.— 
(1) COMPLIANCE.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), in each fiscal year beginning 
after the date that is 3 years after the date on 
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reasonable interest and penalty charges allowable by 
law or established by the Attorney General. 
SEC. 191005. GRANTS FOR STATE-RUN HATE CRIME HOT-
LINES. 
(a) GRANTS AUTHORIZED.— 
(1) IN GENERAL.—The Attorney General shall 
make grants to States to create State-run hate 
crime reporting hotlines. 
(2) GRANT
PERIOD.—A grant made under 
paragraph (1) shall be for a period of not more than 
5 years. 
(b) HOTLINE REQUIREMENTS.—A State shall ensure, 
with respect to a hotline funded by a grant under sub-
section (a), that— 
(1) the hotline directs individuals to— 
(A) law enforcement if appropriate; and 
(B) local support services; 
(2) any personally identifiable information that 
an individual provides to an agency of the State 
through the hotline is not directly or indirectly dis-
closed, without the consent of the individual, to— 
(A) any other agency of that State; 
(B) any other State; 
(C) the Federal Government; or 
(D) any other person or entity; 
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(3) the staff members who operate the hotline 
are trained to be knowledgeable about— 
(A) applicable Federal, State, and local 
hate crime laws; and 
(B) local law enforcement resources and 
applicable local support services; and 
(4) the hotline is accessible to— 
(A) individuals with limited English pro-
ficiency, where appropriate; and 
(B) individuals with disabilities. 
(c) BEST PRACTICES.—The Attorney General shall 
issue guidance to States on best practices for imple-
menting the requirements of subsection (b). 
SEC. 191006. INFORMATION COLLECTION BY STATES AND 
UNITS OF LOCAL GOVERNMENT. 
(a) DEFINITIONS.—In this section: 
(1) APPLICABLE AGENCY.—The term ‘‘applica-
ble agency’’, with respect to an eligible entity that 
is— 
(A) a State, means— 
(i) a law enforcement agency of the 
State; and 
(ii) a law enforcement agency of a 
unit of local government within the State 
that— 
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(I) is a priority agency; and 
(II) receives a subgrant from the 
State under this section; and 
(B) a unit of local government, means a 
law enforcement agency of the unit of local gov-
ernment that is a priority agency. 
(2) COVERED
AGENCY.—The term ‘‘covered 
agency’’ means— 
(A) a State law enforcement agency; or 
(B) a priority agency. 
(3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a State; or 
(B) a unit of local government that has a 
priority agency. 
(b) GRANTS.— 
(1) IN GENERAL.—The Attorney General may 
make grants to eligible entities to assist covered 
agencies within the jurisdiction of the eligible entity 
in conducting law enforcement activities or crime re-
duction programs to prevent, address, or otherwise 
respond to hate crime, particularly as those activities 
or programs relate to reporting hate crimes through 
the Uniform Crime Reports program, including— 
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(A) adopting a policy on identifying, inves-
tigating, and reporting hate crimes; 
(B) developing a standardized system of 
collecting, analyzing, and reporting the inci-
dence of hate crime; 
(C) establishing a unit specialized in iden-
tifying, 
investigating, 
and 
reporting 
hate 
crimes; 
(D) engaging in community relations func-
tions related to hate crime prevention and edu-
cation such as— 
(i) establishing a liaison with formal 
community-based organizations or leaders; 
and 
(ii) conducting public meetings or 
educational forums on the impact of hate 
crimes, services available to hate crime vic-
tims, and the relevant Federal, State, and 
local laws pertaining to hate crimes; and 
(E) providing hate crime trainings for 
agency personnel. 
(2) SUBGRANTS.—A State that receives a grant 
under paragraph (1) may award a subgrant to a pri-
ority agency of a unit of local government within the 
State for the purposes under that paragraph. 
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(c) INFORMATION REQUIRED OF STATES AND UNITS 
OF LOCAL GOVERNMENT.— 
(1) IN
GENERAL.—For each fiscal year in 
which an eligible entity receives a grant under sub-
section (b), the eligible entity shall— 
(A) collect information from each applica-
ble agency summarizing the law enforcement 
activities or crime reduction programs con-
ducted by the agency to prevent, address, or 
otherwise respond to hate crime, particularly as 
those activities or programs relate to reporting 
hate crimes through the Uniform Crime Re-
ports program; and 
(B) submit to the Attorney General a re-
port containing the information collected under 
subparagraph (A). 
(2) SEMIANNUAL LAW ENFORCEMENT AGENCY 
REPORT.— 
(A) IN GENERAL.—In collecting the infor-
mation required under paragraph (1)(A), an eli-
gible entity shall require each applicable agency 
to submit a semiannual report to the eligible 
entity that includes a summary of the law en-
forcement activities or crime reduction pro-
grams conducted by the agency during the re-
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porting period to prevent, address, or otherwise 
respond to hate crime, particularly as those ac-
tivities or programs relate to reporting hate 
crimes through the Uniform Crime Reports pro-
gram. 
(B) CONTENTS.—In a report submitted 
under subparagraph (A), a law enforcement 
agency shall, at a minimum, disclose— 
(i) whether the agency has adopted a 
policy on identifying, investigating, and re-
porting hate crimes; 
(ii) whether the agency has developed 
a standardized system of collecting, ana-
lyzing, and reporting the incidence of hate 
crime; 
(iii) whether the agency has estab-
lished a unit specialized in identifying, in-
vestigating, and reporting hate crimes; 
(iv) whether the agency engages in 
community relations functions related to 
hate crime, such as— 
(I) establishing a liaison with for-
mal community-based organizations or 
leaders; and 
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(II) conducting public meetings 
or educational forums on the impact 
of hate crime, services available to 
hate crime victims, and the relevant 
Federal, State, and local laws per-
taining to hate crime; and 
(v) 
the 
number 
of 
hate 
crime 
trainings for agency personnel, including 
the duration of the trainings, conducted by 
the agency during the reporting period. 
(d) COMPLIANCE AND REDIRECTION OF FUNDS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), beginning not later than 1 year after the 
date of enactment of this title, an eligible entity re-
ceiving a grant under subsection (b) shall comply 
with subsection (c). 
(2) EXTENSIONS; WAIVER.—The Attorney Gen-
eral— 
(A) may provide a 120-day extension to an 
eligible entity that is making good faith efforts 
to collect the information required under sub-
section (c); and 
(B) shall waive the requirements of sub-
section (c) for a State or unit of local govern-
ment if compliance with that subsection by the 
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State or unit of local government would be un-
constitutional under the constitution of the 
State or of the State in which the unit of local 
government is located, respectively. 
SEC. 191007. REQUIREMENTS OF THE ATTORNEY GENERAL. 
(a) INFORMATION COLLECTION AND ANALYSIS; RE-
PORT.—In order to improve the accuracy of data regard-
ing the incidence of hate crime provided through the Uni-
form Crime Reports program, and promote a more com-
plete understanding of the national problem posed by hate 
crime, the Attorney General shall— 
(1) collect and analyze the information provided 
by States and units of local government under sec-
tion 191006 for the purpose of developing policies 
related to the provision of accurate data obtained 
under the Hate Crime Statistics Act (Public Law 
101–275; 28 U.S.C. 534 note) by the Federal Bu-
reau of Investigation; and 
(2) for each calendar year beginning after the 
date of enactment of this title, publish and submit 
to Congress a report based on the information col-
lected and analyzed under paragraph (1). 
(b) CONTENTS
OF REPORT.—A report submitted 
under subsection (a) shall include— 
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(1) a qualitative analysis of the relationship be-
tween— 
(A) the number of hate crimes reported by 
State law enforcement agencies or priority 
agencies through the Uniform Crime Reports 
program; and 
(B) the nature and extent of law enforce-
ment activities or crime reduction programs 
conducted by those agencies to prevent, ad-
dress, or otherwise respond to hate crime; and 
(2) a quantitative analysis of the number of 
State law enforcement agencies and priority agencies 
that have— 
(A) adopted a policy on identifying, inves-
tigating, and reporting hate crimes; 
(B) developed a standardized system of 
collecting, analyzing, and reporting the inci-
dence of hate crime; 
(C) established a unit specialized in identi-
fying, investigating, and reporting hate crimes; 
(D) engaged in community relations func-
tions related to hate crime, such as— 
(i) establishing a liaison with formal 
community-based organizations or leaders; 
and 
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(ii) conducting public meetings or 
educational forums on the impact of hate 
crime, services available to hate crime vic-
tims, and the relevant Federal, State, and 
local laws pertaining to hate crime; and 
(E) conducted hate crime trainings for 
agency personnel during the reporting period, 
including— 
(i) the total number of trainings con-
ducted by each agency; and 
(ii) the duration of the trainings de-
scribed in clause (i). 
SEC. 191008. ALTERNATIVE SENTENCING. 
Section 249 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(e) SUPERVISED RELEASE.—If a court includes, as 
a part of a sentence of imprisonment imposed for a viola-
tion of subsection (a), a requirement that the defendant 
be placed on a term of supervised release after imprison-
ment under section 3583, the court may order, as an ex-
plicit condition of supervised release, that the defendant 
undertake educational classes or community service di-
rectly related to the community harmed by the defendant’s 
offense.’’. 
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TITLE XI—PRISONS AND JAILS 
SEC. 191101. SHORT TITLE. 
This title may be cited as the ‘‘Pandemic Justice Re-
sponse Act’’. 
SEC. 191102. EMERGENCY COMMUNITY SUPERVISION ACT. 
(a) FINDINGS.—Congress finds the following: 
(1) As of the date of introduction of this Act, 
the novel coronavirus has spread to all 50 States, 
the District of Columbia, and 3 territories. 
(2) The Centers for Disease Control and Pre-
vention have projected that between 160,000,000 
and 214,000,000 people could be infected by the 
novel coronavirus in the United States over the 
course of the pandemic. 
(3) Although the United States has less than 5 
percent of the world’s population, the United States 
holds approximately 21 percent of the world’s pris-
oners and leads the world in the number of individ-
uals incarcerated, with nearly 2,200,000 people in-
carcerated in State and Federal prisons and local 
jails. 
(4) Studies have shown that individuals age out 
of crime starting around 25 years of age, and re-
leased individuals over the age of 50 have a very low 
recidivism rate. 
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(5) According to public health experts, incarcer-
ated individuals are particularly vulnerable to being 
gravely impacted by the novel corona virus pandemic 
because— 
(A) they have higher rates of underlying 
health issues than members of the general pub-
lic, including higher rates of respiratory disease, 
heart disease, diabetes, obesity, HIV/AIDS, 
substance abuse, hepatitis, and other conditions 
that suppress immune response; and 
(B) the close conditions and lack of access 
to hygiene products in prisons make these insti-
tutions 
unusually 
susceptible 
to 
viral 
pandemics. 
(6) The spread of communicable disease in the 
United States generally constitutes a serious, height-
ened threat to the safety of incarcerated individuals, 
and there is a serious threat to the general public 
that prisons may become incubators of community 
spread of communicable viral disease. 
(b) DEFINITIONS.—In this section: 
(1) COVERED HEALTH CONDITION.—The term 
‘‘covered health condition’’ with respect to an indi-
vidual, means the individual— 
(A) is pregnant; 
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(B) has chronic lung disease or asthma; 
(C) has congestive heart failure or coro-
nary artery disease; 
(D) has diabetes; 
(E) has a neurological condition that weak-
ens the ability to cough or breathe; 
(F) has HIV; 
(G) has sickle cell anemia; 
(H) has cancer; or 
(I) has a weakened immune system. 
(2) COVERED INDIVIDUAL.—The term ‘‘covered 
individual’’— 
(A) means an individual who— 
(i) is a juvenile (as defined in section 
5031 of title 18, United States Code); 
(ii) is 50 years of age or older; 
(iii) has a covered health condition; or 
(iv) is within 12 months of release 
from incarceration; and 
(B) includes an individual described in 
subparagraph (A) who is serving a term of im-
prisonment for an offense committed before No-
vember 1, 1987, or who is serving a term of im-
prisonment in the custody of the Bureau of 
Prisons for a sentence imposed pursuant to a 
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conviction for a criminal offense under the laws 
of the District of Columbia. 
(3) NATIONAL
EMERGENCY
RELATING
TO
A 
COMMUNICABLE
DISEASE.—The 
term 
‘‘national 
emergency relating to a communicable disease’’ 
means— 
(A) an emergency involving Federal pri-
mary responsibility determined to exist by the 
President under the section 501(b) of the Rob-
ert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5191(b)) with re-
spect to a communicable disease; or 
(B) a national emergency declared by the 
President under the National Emergencies Act 
(50 U.S.C. 1601 et seq.) with respect to a com-
municable disease. 
(c) PLACEMENT OF CERTAIN INDIVIDUALS IN COM-
MUNITY SUPERVISION.— 
(1) AUTHORITY.—Except as provided in para-
graph (2), beginning on the date on which a national 
emergency relating to a communicable disease is de-
clared and ending on the date that is 60 days after 
such national emergency expires or is terminated— 
(A) notwithstanding any other provision of 
law, the Director of the Bureau of Prisons shall 
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place in community supervision all covered indi-
viduals who are in the custody of the Bureau of 
Prisons; and 
(B) the district court of the United States 
for each judicial district shall place in commu-
nity supervision all covered individuals who are 
in the custody and care of the United States 
Marshals Service. 
(2) EXCEPTIONS.— 
(A) BUREAU OF PRISONS.—In carrying out 
paragraph (1)(A), the Director— 
(i) may not place in community super-
vision any individual determined, by clear 
and convincing evidence, to be likely to 
pose a specific and substantial risk of 
causing bodily injury to or using violent 
force against the person of another; 
(ii) shall place in the file of each indi-
vidual described in clause (i) documenta-
tion of such determination, including the 
evidence used to make the determination; 
and 
(iii) not later than 180 days after the 
date on which the national emergency re-
lating to a communicable disease expires, 
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shall provide a report to Congress docu-
menting— 
(I) the demographic data (includ-
ing race, gender, age, offense of con-
viction, and criminal history level) of 
the individuals denied placement in 
community supervision under clause 
(i); and 
(II) the justification for the deni-
als described in subclause (I). 
(B) DISTRICT
COURTS.—In carrying out 
paragraph (1)(B), each district court of the 
United States— 
(i) shall conduct an immediate and ex-
pedited review of the detention orders of 
all covered individuals in the custody and 
care of the United States Marshals Serv-
ice, which may be conducted sua sponte 
and ex parte, without— 
(I) appearance by the defendant 
or any party; or 
(II) requiring a petition, motion, 
or other similar document to be filed; 
(ii) may not place in community su-
pervision any individual if the court deter-
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mines, after a hearing and the attorney for 
the Government shows by clear and con-
vincing evidence based on individualized 
facts, that detention is necessary because 
the individual’s release will pose a specific 
and substantial risk that the individual will 
cause bodily injury or use violent force 
against the person of another and that no 
conditions of release will reasonably miti-
gate that risk; 
(iii) in carrying out clauses (i) and 
(ii), may— 
(I) rely on evidence presented in 
prior court proceedings; and 
(II) if the court determines it 
necessary, request additional informa-
tion from the parties to make the de-
termination. 
(3) LIMITATION ON COMMUNITY SUPERVISION 
PLACEMENT.—In placing covered individuals into 
community supervision under this section, the Direc-
tor of the Bureau of Prisons and the district court 
of the United States for each judicial district shall 
take into account and prioritize placements that en-
able adequate social distancing, which include home 
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confinement or other forms of low in-person-contact 
supervised release. 
(d) LIMITATION ON PRE-TRIAL DETENTION.— 
(1) NO BOND CONDITIONS ON RELEASE.—Not-
withstanding section 3142 of title 18, United States 
Code, beginning on the date on which a national 
emergency relating to a communicable disease is de-
clared and ending on the date that is 60 days after 
such national emergency expires or is terminated, in 
imposing conditions of release, the judicial officer 
may not require payment of cash bail, proof of abil-
ity to pay an unsecured bond, execution of a bail 
bond, a solvent surety to co-sign a secured or unse-
cured bond, or posting of real property. 
(2) LIMITATION.— 
(A) IN GENERAL.—Beginning on the date 
on which a national emergency relating to a 
communicable disease is declared and ending on 
the date that is 60 days after such national 
emergency expires or is terminated, at any ini-
tial appearance hearing, detention hearing, 
hearing on a motion for pretrial release, or any 
other hearing where the attorney for the Gov-
ernment is seeking the detention or continued 
detention of any individual, the judicial officer 
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shall order the pretrial release of the individual 
on personal recognizance or on a condition or 
combination of conditions under section 3142(c) 
of title 18, United States Code, unless the at-
torney for the Government shows by clear and 
convincing evidence based on individualized 
facts that detention is necessary because the in-
dividual’s release will pose a specific and sub-
stantial risk that the individual will cause bodily 
injury or use violent force against the person of 
another and that no conditions of release will 
reasonably mitigate that risk. 
(B) REQUIRED CONSIDERATION OF CER-
TAIN
FACTORS.—If the judicial officer finds 
that the attorney for the Government has made 
the requisite showing under subparagraph (A), 
the judicial officer shall take into consideration, 
in determining whether detention is necessary— 
(i) whether the individual’s age or 
medical condition renders them especially 
vulnerable; and 
(ii) whether detention will compromise 
the individual’s access to adequate medical 
treatment, access to medications, or ability 
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to privately consult with counsel and 
meaningfully prepare a defense. 
(C) JUVENILES.— 
(i) IN GENERAL.—Beginning on the 
date on which a national emergency relat-
ing to a communicable disease is declared 
and ending on the date that is 60 days 
after such national emergency expires or is 
terminated, notwithstanding sections 5031 
through 5035 of title 18, United States 
Code, and except as provided under clause 
(ii), in the case of a juvenile alleged to 
have committed an act of juvenile delin-
quency, the judicial officer shall release the 
juvenile to their parent, guardian, custo-
dian, or other responsible party (including 
the director of a shelter-care facility) upon 
their promise to bring such juvenile before 
the appropriate court when requested by 
the judicial officer. 
(ii) EXCEPTION.—A juvenile alleged 
to have committed an act of juvenile delin-
quency may be detained pending trial only 
if, at a hearing at which the juvenile is 
represented by counsel, the attorney for 
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the Government shows by clear and con-
vincing evidence based on individualized 
facts that detention is necessary because 
the juvenile’s release will pose a specific 
and substantial risk that the juvenile will 
use violent force against a reasonably iden-
tifiable person and that no conditions of 
release will reasonably mitigate that risk, 
except that in no case may a judicial offi-
cer order the detention of a juvenile if it 
will compromise the juvenile’s access to 
adequate medical treatment, access to 
medications, or ability to privately consult 
with counsel and meaningfully prepare a 
defense. 
(iii) 
LEAST
RESTRICTIVE
DETEN-
TION.—In the case that the judicial officer 
orders the detention of a juvenile under 
clause (ii), the judicial officer shall order 
the detention of the juvenile in the least 
restrictive and safest environment possible, 
taking the national emergency relating to a 
communicable disease into consideration. 
(iv) 
CONTENTS
OF
DETENTION 
ORDER.—In the case that the judicial offi-
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cer orders the detention of a juvenile under 
clause (ii), the judicial officer shall issue a 
written detention order that includes— 
(I) findings of fact; 
(II) the reasons for the deten-
tion; 
(III) a description of the risk 
identified under clause (ii); 
(IV) an explanation of why no 
conditions will reasonably mitigate the 
risk identified under clause (ii); 
(V) a statement that detention 
will not compromise the juvenile’s ac-
cess to adequate medical treatment, 
access to medications, or ability to 
privately consult with counsel and 
meaningfully prepare a defense; and 
(VI) a statement establishing 
that the detention environment is the 
least restrictive and safest possible in 
accordance 
with 
the 
requirement 
under clause (iii). 
(e) LIMITATION ON SUPERVISED RELEASE.—Begin-
ning on the date on which a national emergency relating 
to a communicable disease is declared and ending on the 
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date that is 60 days after such national emergency expires, 
the Office of Probation and Pretrial Services of the Ad-
ministrative Office of the United States Courts shall take 
measures to prevent the spread of the communicable dis-
ease among individuals under supervision by— 
(1) suspending the requirement that individuals 
determined to be a lower risk of reoffending, or any 
other individuals determined to be appropriate by 
the supervising probation officer, report in person to 
their probation or parole officer; 
(2) identifying individuals who have successfully 
completed not less than 18 months of supervision 
and transferring such individuals to administrative 
supervision or petitioning the court to terminate su-
pervision, as appropriate; and 
(3) suspending the request for detention and 
imprisonment as a sanction for violations of proba-
tion, supervised release, or parole. 
(f) PROHIBITION.—No individual who is granted 
placement in community supervision, termination of su-
pervision, placement on administrative supervision, or pre- 
trial release shall be re-incarcerated, placed on supervision 
or active supervision, or ordered detained pre-trial only as 
a result of the expiration of the national emergency relat-
ing to a communicable disease. 
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(g) PROHIBITION ON TECHNICAL VIOLATIONS AND 
CERTAIN MANDATORY REVOCATIONS OF PROBATION OR 
SUPERVISED RELEASE.— 
(1) RESENTENCING IN CASES OF PROBATION 
AND SUPERVISED RELEASE.— 
(A) IN GENERAL.—Beginning on the date 
on which a national emergency relating to a 
communicable disease is declared and ending on 
the date that is 60 days after such national 
emergency expires, and notwithstanding section 
3582(b) of title 18, United States Code, a court 
shall order the resentencing of a defendant who 
is serving a term of imprisonment resulting 
from a revocation of probation, or supervised 
release for a Grade C violation for conduct 
under section 7B1.1(c)(3)(B) of the United 
States Sentencing Guidelines, upon motion of 
the defendant. 
(B) RESENTENCING.—The court shall 
order the resentencing of a defendant described 
in subparagraph (A) as follows: 
(i) In the case of a revoked sentence 
of probation, the court shall resentence the 
defendant to probation, the duration of 
which shall be equal to the period of time 
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remaining on the term of probation origi-
nally imposed at the time the defendant 
was most recently placed in custody, unless 
the court determines that decreasing the 
length of the term of probation is in the 
interest of justice. 
(ii) In the case of a revoked term of 
supervised release, the court shall continue 
the defendant on supervised release, the 
duration of which shall be equal to the pe-
riod of time the defendant had remaining 
on supervised release when the defendant 
was most recently placed in custody, unless 
the court determines that decreasing the 
term of supervised release is in the interest 
of justice. 
(2) RESENTENCING IN CASES OF PAROLE.— 
(A) IN GENERAL.—Beginning on the date 
on which a national emergency relating to a 
communicable disease is declared and ending on 
the date that is 60 days after such national 
emergency expires, the court shall order the re-
sentencing of a defendant who is serving a term 
of imprisonment resulting from a technical vio-
lation of the defendant’s parole. 
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(B) RESENTENCING.—The court shall re-
sentence the defendant to parole, the duration 
of which shall be equal to the period of time re-
maining on the defendant’s term of parole at 
the time the defendant was most recently 
placed in custody, unless the court determines 
that decreasing the length of the term of parole 
is in the interest of justice. 
(3) HEARING.—The court may grant, but not 
deny, a motion without a hearing under this section. 
(4) NO MANDATORY REVOCATION.— 
(A) IN GENERAL.—Beginning on the date 
on which a national emergency relating to a 
communicable disease is declared and ending on 
the date that is 60 days after such national 
emergency expires, a court is not required to re-
voke a defendant’s probation or supervised re-
lease under sections 3565(b) and 3583(g) of 
title 18, United States Code, based on a finding 
that the defendant refused to comply with drug 
treatment. 
(B) 
DISSEMINATION
OF
POLICY 
CHANGE.—Not later than 10 days after the 
date of enactment of this title, the Judicial 
Conference of the United States shall issue and 
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disseminate to all district courts of the United 
States a temporary policy change suspending 
mandatory revocation of probation or super-
vised release for refusal to comply with drug 
testing. 
(5) PROMPT
DETERMINATION.—Any motion 
under this subsection shall be determined promptly. 
(6) COUNSEL.—To effectuate the purposes of 
this subsection, counsel shall be appointed as early 
as possible to represent any indigent defendant. 
(7) DEFINITIONS.—In this subsection, the term 
‘‘defendant’’ includes individuals adjudicated delin-
quent under the Federal Juvenile Delinquency Act 
and applies to persons serving time in official deten-
tion for a revocation of juvenile probation or super-
vised release. 
SEC. 191103. COURT AUTHORITY TO REDUCE SENTENCES 
AND TEMPORARY RELEASE DURING COVID– 
19 EMERGENCY PERIOD. 
(a) COURT AUTHORITY TO REDUCE SENTENCES.— 
(1) IN
GENERAL.—Notwithstanding section 
3582 of title 18, United States Code, the court shall, 
during the covered emergency period, upon motion 
of a covered individual (as such term is defined in 
section 191102(b)) or on the court’s own motion, re-
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duce a term of imposed imprisonment on that indi-
vidual, unless the government shows, by clear and 
convincing evidence, that the individual poses a risk 
of serious, imminent injury to a reasonably identifi-
able person. 
(2) SENTENCE REDUCTION DEEMED AUTHOR-
IZED.—Any sentence that is reduced under this sub-
section is deemed to be authorized under section 
3582(c)(1)(B) of title 18, United States Code. 
(3) RULE OF CONSTRUCTION.—In addition to 
the reduction of sentences authorized under this 
subsection, the court may continue to reduce and 
modify sentences under section 3582 of title 18, 
United States Code, during the covered emergency 
period. 
(4) SPECIAL RULE.—During the covered emer-
gency period, a covered individual who is serving a 
term of imprisonment for an offense committed be-
fore November 1, 1987, who would not otherwise be 
eligible to file a motion under section 3582(c)(1)(A) 
of title 18, United States Code, is eligible to file 
such a motion and for relief under such section. Any 
motion for relief filed in accordance with this para-
graph before the expiration or termination of the 
covered emergency period shall not disqualify such 
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motion based solely on such expiration or termi-
nation. 
(b) COURT AUTHORITY TO AUTHORIZE TEMPORARY 
RELEASE
OF
PERSONS
AWAITING
DESIGNATION
OR 
TRANSPORTATION
TO
A BUREAU
OF PRISONS FACIL-
ITY.—Notwithstanding sections 3582 and 3621 of title 18, 
United States Code, during the covered emergency period, 
the court, upon motion of an individual (including individ-
uals adjudicated delinquent under the Federal Juvenile 
Delinquency Act) awaiting designation or transportation 
to a Bureau of Prisons or other facility for service of sen-
tence or official detention, or on the court’s own motion, 
may order the temporary release of the individual, for a 
limited period ending not later than the expiration or ter-
mination of the COVID–19 emergency, if such release is 
for the purpose of avoiding or mitigating the risks associ-
ated with imprisonment during the covered emergency pe-
riod, either generally with respect to the individual’s place 
of imprisonment or specifically with respect to the indi-
vidual. 
(c) HEARING REQUIREMENT.—The court may grant, 
but not deny, a motion without a hearing under this sec-
tion. Any motion under this section shall be determined 
promptly. 
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(d) EFFECTIVE
REPRESENTATION
DURING
NA-
TIONAL EMERGENCY.— 
(1) ACCESS
TO
COURT.—During the covered 
emergency period, any procedural requirement under 
section 3582(c)(1)(A) of title 18, United States 
Code, that would delay a defendant from directly pe-
titioning the court shall not apply, and the defend-
ant may petition the court directly for relief. 
(2) APPOINTMENT
OF
COUNSEL.—The court 
shall appoint counsel for indigent defendants or pris-
oners, at no cost to the defendant or prisoner, as 
early as possible to effectuate the purposes of this 
section and the purposes of section 3582(c)(1)(A) of 
title 18, United States Code. 
(3) ACCESS TO MEDICAL RECORDS.— 
(A) IN
GENERAL.—In order to expedite 
proceedings under this section and proceedings 
under 3582(c)(1)(A) of title 18, United States 
Code, during the covered emergency period, the 
Director of the Bureau of Prisons shall prompt-
ly release all medical records in the possession 
of the Bureau of Prisons to a prisoner who re-
quests them on their own behalf, or to the 
counsel of record for a prisoner upon submis-
sion to the court of an affidavit, signed by such 
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counsel under penalty of perjury, that such 
counsel has reason to believe that the prisoner 
has a covered health condition (as such term is 
defined in section 191102(b)) or a condition 
that would entitle them to relief under section 
3582(c)(1)(A) of title 18, United States Code. 
(B) INDIVIDUALS
IN
THE
CUSTODY
OF 
THE U.S. MARSHALS SERVICE.—In order to ex-
pedite proceedings under this section, in the 
case of an individual who is in the custody or 
care of the U.S. Marshals Service, the Director 
of the U.S. Marshals Service shall facilitate the 
provision of any medical records of the indi-
vidual to the individual or the counsel of record 
of the individual, upon request of the individual 
or counsel. 
SEC. 191104. EXEMPTION FROM EXHAUSTING ADMINISTRA-
TIVE REMEDIES DURING COVERED EMER-
GENCY PERIOD. 
Section 7 of the Civil Rights of Institutionalized Per-
sons Act (42 U.S.C. 1997e) is amended by adding at the 
end the following: 
‘‘(i) COVERED EMERGENCY PERIOD.— 
‘‘(1) RELIEF WITHOUT EXHAUSTING ADMINIS-
TRATIVE
REMEDIES.—Notwithstanding the other 
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provisions of this section, during the covered emer-
gency period, a prisoner may commence, without ex-
hausting all administrative remedies, an action relat-
ing to conditions of imprisonment under which the 
prisoner is at significant risk of harm or under 
which the prisoner’s access to counsel has been im-
paired. If the court determines the prisoner is rea-
sonably likely to prevail, the court may order such 
appropriate relief, limited in time and scope, as may 
be necessary to prevent or remedy the significant 
risk of harm or provide access to counsel. 
‘‘(2) RETALIATION
PROHIBITED.—Section 6 
shall apply in the case of retaliation against a pris-
oner who files an administrative claim or lawsuit 
during the covered emergency period or attempts to 
so file. 
‘‘(3) DEFINITIONS.—For purposes of this sub-
section, the term ‘covered emergency period’ has the 
meaning given the term in section 12003 of the 
CARES Act (Public Law 116–136).’’. 
SEC. 191105. INCREASING AVAILABILITY OF HOME DETEN-
TION FOR ELDERLY OFFENDERS. 
(a) GOOD CONDUCT TIME CREDITS FOR CERTAIN 
ELDERLY
NONVIOLENT
OFFENDERS.—Section 
231(g)(5)(A)(ii) of the Second Chance Act of 2007 (34 
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U.S.C. 60541(g)(5)(A)(ii)) is amended by striking ‘‘to 
which the offender was sentenced’’ and inserting ‘‘reduced 
by any credit toward the service of the prisoner’s sentence 
awarded under section 3624(b) of title 18, United States 
Code’’. 
(b) INCREASING ELIGIBILITY FOR HOME DETENTION 
FOR CERTAIN ELDERLY NONVIOLENT OFFENDERS.— 
During the covered emergency period an offender who is 
in the custody of the Bureau of Prisons, including pursu-
ant to a conviction for a criminal offense under the laws 
of the District of Columbia, shall be considered an eligible 
elderly offender under section 231(g) of the Second 
Chance Act of 2007 (34 U.S.C. 60541(g)) if the of-
fender— 
(1) is not less than 50 years of age; 
(2) has served 1/2 of the term of imprisonment 
reduced by any credit toward the service of the pris-
oner’s sentence awarded under section 3624(b) of 
title 18, United States Code; and 
(3) is otherwise described in such section 
231(g)(5)(A). 
SEC. 191106. EFFECTIVE ASSISTANCE OF COUNSEL IN THE 
DIGITAL ERA ACT. 
(a) PROHIBITION ON MONITORING.—Not later than 
180 days after the date of the enactment of this title, the 
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Attorney General shall create a program or system, or 
modify any program or system that exists on the date of 
enactment of this title, through which an incarcerated per-
son sends or receives an electronic communication, to ex-
clude from monitoring the contents of any privileged elec-
tronic communication. In the case that the Attorney Gen-
eral creates a program or system in accordance with this 
subsection, the Attorney General shall, upon implementing 
such system, discontinue using any program or system 
that exists on the date of enactment of this title through 
which an incarcerated person sends or receives a privileged 
electronic communication, except that any program or sys-
tem that exists on such date may continue to be used for 
any other electronic communication. 
(b) RETENTION OF CONTENTS.—A program or sys-
tem or a modification to a program or system under sub-
section (a) may allow for retention by the Bureau of Pris-
ons of, and access by an incarcerated person to, the con-
tents of electronic communications, including the contents 
of privileged electronic communications, of the person 
until the date on which the person is released from prison. 
(c) ATTORNEY-CLIENT PRIVILEGE.—Attorney-client 
privilege, and the protections and limitations associated 
with such privilege (including the crime fraud exception), 
applies to electronic communications sent or received 
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through the program or system established or modified 
under subsection (a). 
(d) ACCESSING RETAINED CONTENTS.—Contents re-
tained under subsection (b) may only be accessed by a per-
son other than the incarcerated person for whom such con-
tents are retained under the following circumstances: 
(1) ATTORNEY GENERAL.—The Attorney Gen-
eral may only access retained contents if necessary 
for the purpose of creating and maintaining the pro-
gram or system, or any modification to the program 
or system, through which an incarcerated person 
sends or receives electronic communications. The At-
torney General may not review retained contents 
that are accessed pursuant to this paragraph. 
(2) INVESTIGATIVE
AND
LAW
ENFORCEMENT 
OFFICERS.— 
(A) WARRANT.— 
(i) IN GENERAL.—Retained contents 
may only be accessed by an investigative or 
law enforcement officer pursuant to a war-
rant issued by a court pursuant to the pro-
cedures described in the Federal Rules of 
Criminal Procedure. 
(ii) APPROVAL.—No application for a 
warrant may be made to a court without 
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the express approval of a United States 
Attorney or an Assistant Attorney General. 
(B) PRIVILEGED INFORMATION.— 
(i) REVIEW.—Before retained con-
tents may be accessed pursuant to a war-
rant obtained under subparagraph (A), 
such contents shall be reviewed by a 
United States Attorney to ensure that 
privileged electronic communications are 
not accessible. 
(ii) 
BARRING
PARTICIPATION.—A 
United States Attorney who reviews re-
tained contents pursuant to clause (i) shall 
be barred from— 
(I) participating in a legal pro-
ceeding in which an individual who 
sent or received an electronic commu-
nication from which such contents are 
retained under subsection (b) is a de-
fendant; or 
(II) sharing the retained contents 
with an attorney who is participating 
in such a legal proceeding. 
(3) MOTION TO SUPPRESS.—In a case in which 
retained contents have been accessed in violation of 
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this subsection, a court may suppress evidence ob-
tained or derived from access to such contents upon 
motion of the defendant. 
(e) DEFINITIONS.—In this section— 
(1) the term ‘‘agent of an attorney or legal rep-
resentative’’ means any person employed by or con-
tracting with an attorney or legal representative, in-
cluding law clerks, interns, investigators, paraprofes-
sionals, and administrative staff; 
(2) the term ‘‘contents’’ has the meaning given 
such term in 2510 of title 18, United States Code; 
(3) the term ‘‘electronic communication’’ has 
the meaning given such term in section 2510 of title 
18, United States Code, and includes the Trust 
Fund Limited Inmate Computer System; 
(4) the term ‘‘monitoring’’ means accessing the 
contents of an electronic communication at any time 
after such communication is sent; 
(5) the term ‘‘incarcerated person’’ means any 
individual in the custody of the Bureau of Prisons 
or the United States Marshals Service who has been 
charged with or convicted of an offense against the 
United States, including such an individual who is 
imprisoned in a State institution; and 
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(6) the term ‘‘privileged electronic communica-
tion’’ means— 
(A) any electronic communication between 
an incarcerated person and a potential, current, 
or former attorney or legal representative of 
such a person; and 
(B) any electronic communication between 
an incarcerated person and the agent of an at-
torney or legal representative described in sub-
paragraph (A). 
SEC. 191107. COVID–19 CORRECTIONAL FACILITY EMER-
GENCY RESPONSE ACT OF 2020. 
Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended 
by adding at the end the following: 
‘‘PART OO—PANDEMIC CORRECTIONAL FACILITY 
EMERGENCY RESPONSE 
‘‘SEC. 3061. FINDINGS; PURPOSES. 
‘‘(a) IMMEDIATE RELEASE
OF VULNERABLE
AND 
LOW-RISK INDIVIDUALS.—The purpose of the grant pro-
gram under section 3062 is to provide for the testing, ini-
tiation and transfer to treatment in the community, and 
provision of services in the community, by States and units 
of local government as they relate to preventing, detecting, 
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and stopping the spread of COVID–19 in correctional fa-
cilities. 
‘‘(b) PRETRIAL CITATION AND RELEASE.— 
‘‘(1) FINDINGS.—Congress finds as follows: 
‘‘(A) With the dramatic growth in pretrial 
detention resulting in county and city correc-
tional facilities regularly exceeding capacity, 
such correctional facilities may serve to rapidly 
increase the spread of COVID–19, as facilities 
that hold large numbers of individuals in 
congregant living situations may promote the 
spread of COVID–19. 
‘‘(B) While individuals arrested and proc-
essed at local correctional facilities may only be 
held for hours or days, exposure to large num-
ber of individuals in holding cells and court-
rooms promotes the spread of COVID–19. 
‘‘(C) Pretrial detainees and individuals in 
correctional facilities are then later released 
into the community having being exposed to 
COVID–19. 
‘‘(2) PURPOSE.—The purpose of the grant pro-
gram under section 3065 is to substantially increase 
the use of risk-based citation release for all individ-
uals who do not present a public safety risk. 
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‘‘SEC. 3062. IMMEDIATE RELEASE OF VULNERABLE AND 
LOW-RISK INDIVIDUALS. 
‘‘(a) AUTHORIZATION.—The Attorney General shall 
carry out a grant program to make grants to States and 
units of local government that operate correctional facili-
ties, to establish and implement policies and procedures 
to prevent, detect, and stop the presence and spread of 
COVID–19 among arrestees, detainees, inmates, correc-
tional facility staff, and visitors to the facilities. 
‘‘(b) PROGRAM ELIGIBILITY.— 
‘‘(1) IN GENERAL.—Eligible applicants under 
this section are States and units of local government 
that release or have a plan to release the persons de-
scribed in paragraph (2) from custody in order to 
ensure that, not later than 90 days after enactment 
of this section, the total population of arrestees, de-
tainees, and inmates at a correctional facility does 
not exceed the number established under subsection 
(c). 
‘‘(2) PERSONS
DESCRIBED.—A person de-
scribed in this paragraph is a person who— 
‘‘(A) does not pose a risk of serious, immi-
nent injury to a reasonably identifiable person; 
or 
‘‘(B) is— 
‘‘(i) 50 years of age or older; 
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‘‘(ii) a juvenile; 
‘‘(iii) an individual with serious chron-
ic medical conditions, including heart dis-
ease, cancer, diabetes, HIV, sickle cell ane-
mia, a neurological disease that interferes 
with the ability to cough or breathe, chron-
ic lung disease, asthma, or respiratory ill-
ness; 
‘‘(iv) a pregnant woman; 
‘‘(v) 
an 
individual 
who 
is 
immunocompromised or has a weakened 
immune system; or 
‘‘(vi) an individual who has a health 
condition or disability that makes them 
vulnerable to COVID–19. 
‘‘(c) TARGET CORRECTIONAL POPULATION.— 
‘‘(1) TARGET POPULATION.—An eligible appli-
cant shall establish individualized, facility-specific 
target capacities at each correction facility that will 
receive funds under this section that reflect the max-
imum number of individuals who may be incarcer-
ated safely in accordance with the Centers for Dis-
ease Control and Prevention guidelines for correc-
tional facilities pertaining to COVID–19, with con-
sideration given to Centers for Disease Control and 
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Prevention guidelines pertaining to community-based 
physical distancing, hygiene, and sanitation. A cor-
rectional facility receiving funds under this section 
may not use isolation in a punitive or non-medical 
manner as a way of achieving specific target capac-
ities established under this paragraph. 
‘‘(2) CERTIFICATION.—An eligible applicant 
shall include in its application for a grant under this 
section a certification by a public health professional 
who is certified in epidemiology or infectious dis-
eases that each correctional facility that will receive 
funds under this section in its jurisdiction meets the 
appropriate target capacity standard established 
under paragraph (1). 
‘‘(d) AUTHORIZED USES.—Funds awarded pursuant 
to this section shall be used by grantees (including acting 
through nonprofit entities) to— 
‘‘(1) test all arrestees, detainees, and inmates, 
and initiate treatment for COVID–19, and transfer 
such an individual for an appropriate treatment at 
external medical facility, as needed; 
‘‘(2) test for COVID–19— 
‘‘(A) correctional facility staff; 
‘‘(B) volunteers; 
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