1716 
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
1717 
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
1718 
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
1719 
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
1720 
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-
1721 
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
1722 
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.
1723 
(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
1724 
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.
1725 
(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
1726 
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-
1727 
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
1728 
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.
1729 
(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
1730 
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
1731 
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
1732 
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
1733 
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
1734 
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
1735 
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
1736 
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
1737 
(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,
1738 
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.
1739 
‘‘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;
1740 
‘‘(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
1741 
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;
1742 
‘‘(C) visitors, including family members 
and attorneys; 
‘‘(D) court personnel that have regular 
contact with arrestees, detainees, and inmates; 
‘‘(E) law enforcement officers who trans-
port arrestees, detainees, and inmates; and 
‘‘(F) personnel outside the correctional fa-
cility 
who 
provide 
medical 
treatment 
to 
arrestees, detainees, and inmates; 
‘‘(3) curtail booking and in-facility processing 
for individuals who have committed technical parole 
or probation violations; and 
‘‘(4) provide transition and reentry support 
services to individuals released pursuant to this sec-
tion, including programs that— 
‘‘(A) increase access to and participation 
in reentry services; 
‘‘(B) promote a reduction in recidivism 
rates; 
‘‘(C) facilitate engagement in educational 
programs, job training, or employment; 
‘‘(D) place reentering individuals in safe 
and sanitary temporary transitional housing; 
‘‘(E) facilitate the enrollment of reentering 
individuals with a history of substance use dis-
1743 
order in medication-assisted treatment and a 
referral to overdose prevention services, mental 
health services, or other medical services; and 
‘‘(F) facilitate family reunification or sup-
port services, as needed. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated $500,000,000 to carry 
out this section and section 3065 for each of fiscal years 
2020 and 2021. 
‘‘SEC. 3063. JUVENILE SPECIFIC SERVICES. 
‘‘(a) IN GENERAL.—The Attorney General, acting 
through the Administrator of the Office Juvenile Justice 
and Delinquency Prevention, consistent with section 261 
of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (34 U.S.C. 11171), is authorized to make grants 
to States and units of local government or combinations 
thereof to assist them in planning, establishing, operating, 
coordinating, and evaluating projects directly, or through 
grants and contracts with public and private agencies and 
nonprofit entities (as such term is defined under section 
408(5)(A) of the Juvenile Justice and Delinquency Pre-
vention Act of 1974 (34 U.S.C. 11296(5)(A))), for the de-
velopment of more effective education, training, research, 
prevention, diversion, treatment, and rehabilitation pro-
grams in the area of juvenile delinquency and programs
1744 
to improve the juvenile justice system, consistent with sub-
section (b). 
‘‘(b) USE OF GRANT FUNDS.—Grants under this sec-
tion shall be used for the exclusive purpose of providing 
juvenile specific services that— 
‘‘(1) provide rapid mass testing for COVID–19 
in juvenile facilities, notification of the results of 
such tests to juveniles and authorized family mem-
bers or legal guardians, and include policies and pro-
cedures for non-punitive quarantine that does not in-
volve solitary confinement, and provide for examina-
tion by a doctor for any juvenile who tests positive 
for COVID–19; 
‘‘(2) examine all pre- and post-adjudication re-
lease processes and mechanisms applicable to juve-
niles and begin employing these as quickly as pos-
sible; 
‘‘(3) provide juveniles in out of home place-
ments with continued access to appropriate edu-
cation; 
‘‘(4) provide juveniles with access to legal coun-
sel through confidential visits or teleconferencing; 
‘‘(5) provide staff and juveniles with appro-
priate personal protective equipment, hand washing
1745 
facilities, toiletries, and medical care to reduce the 
spread of the virus; 
‘‘(6) provide juveniles with frequent and no cost 
calls home to parents, legal guardians, and other 
family members; 
‘‘(7) advance policies and procedures for juve-
nile delinquency program proceedings (including 
court proceedings) and probation conditions so that 
in-person reporting requirements for juveniles are 
replaced with virtual or telephonic appearances with-
out penalty; 
‘‘(8) expand opportunities for juveniles to par-
ticipate in community based services and social serv-
ices through videoconferencing or teleconferencing; 
or 
‘‘(9) place a moratorium on all requirements for 
juveniles to attend and pay for court and probation- 
ordered programs, community service, and labor, 
that violate any applicable social distancing or stay 
at home order. 
Each element described in paragraph (1) through (9) shall 
be trauma-informed, reflect the science of adolescent de-
velopment, and be designed to meet the needs of at-risk 
juveniles and juveniles who come into contact with the jus-
tice system.
1746 
‘‘(c) DEFINITIONS.—Terms used in this section have 
the meanings given such terms in the Juvenile Justice and 
Delinquency Prevention Act of 1974. The term ‘juvenile’ 
has the meaning given such term in section 1809 of this 
Act. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
$75,000,000 for each of fiscal years 2020 and 2021. 
‘‘SEC. 3064. RAPID COVID–19 TESTING. 
‘‘(a) IN GENERAL.—The Attorney General shall 
make grants to grantees under section 3062 for the exclu-
sive purpose of providing for rapid COVID–19 testing of 
arrestees, detainees, and inmates who are exiting the cus-
tody of a correctional facility prior to returning to the 
community. 
‘‘(b) USE OF FUNDS.—Grants provided under this 
section may be used for any of the following: 
‘‘(1) Purchasing or leasing medical devices au-
thorized by the U.S. Food and Drug Administration 
to detect COVID–19 that produce results in less 
than one hour. 
‘‘(2) Purchasing or securing COVID–19 testing 
supplies and personal protective equipment used by 
the correctional facility to perform such tests.
1747 
‘‘(3) Contracting with medical providers to ad-
minister such tests. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
$25,000,000 for each of fiscal years 2020 and 2021. 
‘‘SEC. 3065. PRETRIAL CITATION AND RELEASE. 
‘‘(a) AUTHORIZATION.—The Attorney General shall 
make grants under this section to eligible applicants for 
the purposes set forth in section 3061(b)(2). 
‘‘(b) PROGRAM
ELIGIBILITY.—Eligible applicants 
under this section are States and units of local government 
that implement or continue operation of a program de-
scribed in subsection (c)(1) and not fewer than 2 of the 
other programs enumerated in such subsection. 
‘‘(c) USE OF GRANT FUNDS.—A grantee shall use 
amounts provided as a grant under this section for pro-
grams that provide for the following: 
‘‘(1) Adopting and operating a cite-and-release 
process for individuals who are suspected of commit-
ting misdemeanor and felony offenses and who do 
not pose a risk of serious, imminent injury to a rea-
sonably identifiable person. 
‘‘(2) Curtailing booking and in-facility proc-
essing for individuals who have committed technical 
parole or probation violations.
1748 
‘‘(3) Ensuring that defense counsel is appointed 
at the earliest hearing that could result in pretrial 
detention so that low-risk defendants are not unnec-
essarily further exposed to COVID–19. 
‘‘(4) Establishing early review of charges by an 
experienced prosecutor, so only arrestees and detain-
ees who will be charged are detained. 
‘‘(5) Providing appropriate victims’ services 
supports and safety-focused residential accommoda-
tions for victims and community members who have 
questions or concerns about releases described in 
this subsection. 
‘‘SEC. 3066. REPORT. 
‘‘(a) IN GENERAL.—Not later than 6 months after 
the date on which grants are initially made under this 
part, and biannually thereafter during the grant period, 
the Attorney General shall submit to Congress a report 
on the program, which shall include— 
‘‘(1) the number of grants made, the number of 
grantees, and the amount of funding distributed to 
each grantee pursuant to this part; 
‘‘(2) the location of each correctional facility 
where activities are carried out using grant amounts; 
‘‘(3) the number of persons in the custody of 
correctional facilities where activities are carried out
1749 
using grant amounts, including incarcerated persons 
released on parole, community supervision, good 
time or early release, clemency or commutation, as 
a result of the national emergency under the Na-
tional Emergencies Act (50 U.S.C. 1601 et seq.) de-
clared by the President with respect to the 
Coronavirus 
Disease 
2019 
(‘COVID–19’), 
disaggregated by type of offense, age, race, sex, and 
ethnicity; and 
‘‘(4) for each facility receiving funds under sec-
tion 3062— 
‘‘(A) the total number of tests for COVID– 
19 performed; 
‘‘(B) the results of such COVID–19 tests 
(confirmed positive or negative); 
‘‘(C) 
the 
total 
number 
of 
probable 
COVID–19 infections; 
‘‘(D) the total number of COVID–19-re-
lated hospitalizations, the total number of in-
tensive care unit admissions, and the duration 
of each such hospitalization; 
‘‘(E) recoveries from COVID–19; and 
‘‘(F) COVID–19 deaths,
1750 
disaggregated by race, ethnicity, age, disability, sex, 
pregnancy status, and whether the individual is a 
staff member of or incarcerated at the facility. 
‘‘(b) PRIVACY.—Data reported under this section 
shall be reported in accordance with applicable privacy 
laws and regulations. 
‘‘SEC. 3067. NO MATCHING REQUIRED. 
‘‘The Attorney General shall not require grantees to 
provide any matching funds with respect to the use of 
funds under this part. 
‘‘SEC. 3068. DEFINITION. 
‘‘For purposes of this part: 
‘‘(1) CORRECTIONAL FACILITY.—The term ‘cor-
rectional facility’ includes a juvenile facility. 
‘‘(2) COVERED EMERGENCY PERIOD.—The term 
‘covered emergency period’ has the meaning given 
the term in section 12003 of the CARES Act (Pub-
lic Law 116–136). 
‘‘(3) 
COVID–19.—The 
term 
‘COVID–19’ 
means a disease caused by severe acute respiratory 
syndrome coronavirus 2 (SARS–CoV–2). 
‘‘(4) DETAINEE; 
ARRESTEE; 
INMATE.—The 
terms ‘detainee’, ‘arrestee’, and ‘inmate’ each in-
clude juveniles.’’.
1751 
SEC. 191108. MORATORIUM ON FEES AND FINES. 
(a) IN GENERAL.—During the covered emergency pe-
riod, and for fiscal years 2020, 2021, and 2022, the Attor-
ney General is authorized make grants to State and local 
courts that comply with the requirement under subsection 
(b) to ensure that such recipients are able to continue op-
erations. 
(b) REQUIREMENT TO IMPOSE MORATORIUM ON IM-
POSITION AND COLLECTION OF FEES AND FINES.—To be 
eligible for a grant under this section, a court shall imple-
ment a moratorium on the imposition and collection (in-
cluding by a unit of local government or a State) of fees 
and fines imposed by that court— 
(1) not later than 120 day after the date of the 
enactment of this section; 
(2) retroactive to a period beginning 30 days 
prior the covered emergency period; and 
(3) continuing for an additional 90 days after 
the date the covered emergency period terminates. 
(c) GRANT AMOUNT.—In making grants under this 
section, the Attorney General shall— 
(1) give preference to applicants that implement 
a moratorium on the imposition and collection of 
fines and fees related to juvenile delinquency pro-
ceedings for each of fiscal years 2020 through 2022; 
and
1752 
(2) make such grants in amounts that are pro-
portionate to the number of individuals in the juris-
diction of the court. 
(d) USE OF FUNDS.—Funds made available under 
this section may be used to ensure that the recipient is 
able to continue court operations during the covered emer-
gency period. 
(e) NO MATCHING REQUIREMENT.—There is no 
matching requirement for grants under this section. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘fees’’— 
(A) means monetary fees that are imposed 
for the costs of fine surcharges or court admin-
istrative fees; and 
(B) includes additional late fees, payment- 
plan fees, interest added if an individual is un-
able to pay a fine in its entirety, collection fees, 
and any additional amounts that do not include 
the fine. 
(2) The term ‘‘fines’’ means monetary fines im-
posed as punishment. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$150,000,000 for each of fiscal years 2020 through 2022.
1753 
SEC. 191109. DEFINITION. 
In this title, the term ‘‘covered emergency period’’ 
has the meaning given the term in section 12003 of the 
CARES Act (Public Law 116–136). 
SEC. 191110. SEVERABILITY. 
If any provision of this title or any amendment made 
by this title, or the application of a provision or amend-
ment to any person or circumstance, is held to be invalid, 
the remainder of this title and the amendments made by 
this title, and the application of the provisions and amend-
ments to any other person not similarly situated or to 
other circumstances, shall not be affected by the holding. 
TITLE XII—IMMIGRATION 
MATTERS 
SEC. 191201. EXTENSION OF FILING AND OTHER DEAD-
LINES. 
(a) NEW DEADLINES FOR EXTENSION OR CHANGE 
OF STATUS OR OTHER BENEFITS.— 
(1) FILING DELAYS.—In the case of an alien 
who was lawfully present in the United States on 
January 26, 2020, the alien’s application for an ex-
tension or change of nonimmigrant status, applica-
tion for renewal of employment authorization, or any 
other application for extension or renewal of a pe-
riod of authorized stay, shall be considered timely 
filed if the due date of the application is within the
1754 
period described in subsection (d) and the applica-
tion is filed not later than 60 days after it otherwise 
would have been due. 
(2) DEPARTURE DELAYS.—In the case of an 
alien who was lawfully present in the United States 
on January 26, 2020, the alien shall not be consid-
ered to be unlawfully present in the United States 
during the period described in subsection (d). 
(3) SPECIFIC AUTHORITY.— 
(A) IN
GENERAL.—With respect to any 
alien whose immigration status, employment 
authorization, or other authorized period of stay 
has expired or will expire during the period de-
scribed in subsection (d), during the one-year 
period beginning on the date of the enactment 
of this title, or during both such periods, the 
Secretary of Homeland Security shall automati-
cally extend such status, authorization, or pe-
riod of stay until the date that is 90 days after 
the last day of whichever of such periods ends 
later. 
(B) EXCEPTION.—If the status, authoriza-
tion, or period of stay referred to in subpara-
graph (A) is based on a grant of deferred ac-
tion, or a grant of temporary protected status
1755 
under section 244 of the Immigration and Na-
tionality Act (8 U.S.C. 1254a), the extension 
under such subparagraph shall be for a period 
not less than the period for which deferred ac-
tion or temporary protected status originally 
was granted by the Secretary of Homeland Se-
curity. 
(b) IMMIGRANT VISAS.— 
(1) EXTENSION
OF
VISA
EXPIRATION.—Not-
withstanding the limitations under section 221(c) of 
the Immigration and Nationality Act (8 U.S.C. 
1201(c)), in the case of any immigrant visa issued 
to an alien that expires or expired during the period 
described in subsection (d), the period of validity of 
the visa is extended until the date that is 90 days 
after the end of such period. 
(2) ROLLOVER OF UNUSED VISAS.— 
(A) IN GENERAL.—For fiscal years 2021 
and 2022, the worldwide level of family-spon-
sored immigrants under subsection (c) of sec-
tion 201 of the Immigration and Nationality 
Act (8 U.S.C. 1151), the worldwide level of em-
ployment-based immigrants under subsection 
(d) of such section, and the worldwide level of 
diversity immigrants under subsection (e) of
1756 
such section shall each be increased by the 
number computed under subparagraph (B) with 
respect to each of such worldwide levels. 
(B) COMPUTATION
OF
INCREASE.—For 
each of the worldwide levels described in sub-
paragraph (A), the number computed under 
this subparagraph is the difference (if any) be-
tween the worldwide level established for the 
previous fiscal year under the applicable sub-
section of section 201 of the Immigration and 
Nationality Act (8 U.S.C. 1151) and the num-
ber of visas that were, during the previous fiscal 
year, issued and used as the basis for an appli-
cation for admission into the United States as 
an immigrant described in the applicable sub-
section. 
(C) CLARIFICATIONS.— 
(i) ALLOCATION AMONG PREFERENCE 
CATEGORIES.—The additional visas made 
available for fiscal years 2021 and 2022 as 
a result of the computations made under 
subparagraphs (A) and (B) shall be pro-
portionally allocated as set forth in sub-
sections (a), (b), and (c) of section 203 of
1757 
the Immigration and Nationality Act (8 
U.S.C. 1153). 
(ii) ELIMINATION OF FALL ACROSS.— 
For fiscal years 2021 and 2022, the num-
ber computed under subsection (c)(3)(C) of 
section 201 of the Immigration and Na-
tionality Act (8 U.S.C. 1151), and the 
number 
computed 
under 
subsection 
(d)(2)(C) of such section, are deemed to 
equal zero. 
(c) VOLUNTARY DEPARTURE.—Notwithstanding sec-
tion 240B of the Immigration and Nationality Act (8 
U.S.C. 1229c), if a period for voluntary departure under 
such section expires or expired during the period described 
in subsection (d), such voluntary departure period is ex-
tended until the date that is 90 days after the end of such 
period. 
(d) PERIOD DESCRIBED.—The period described in 
this subsection— 
(1) begins on the first day of the public health 
emergency declared by the Secretary of Health and 
Human Services under section 319 of the Public 
Health Service Act (42 U.S.C. 247d) with respect to 
COVID–19; and
1758 
(2) ends 90 days after the date on which such 
public health emergency terminates. 
SEC. 191202. TEMPORARY ACCOMMODATIONS FOR NATU-
RALIZATION OATH CEREMONIES DUE TO 
PUBLIC HEALTH EMERGENCY. 
(a) REMOTE OATH CEREMONIES.—Not later than 30 
days after the date of the enactment of this title, the Sec-
retary of Homeland Security shall establish procedures for 
the administration of the oath of renunciation and alle-
giance under section 337 of the Immigration and Nation-
ality Act (8 U.S.C. 1448) using remote videoconferencing, 
or other remote means for individuals who cannot reason-
ably access remote videoconferencing, as an alternative to 
an in-person oath ceremony. 
(b) ELIGIBLE INDIVIDUALS.—Notwithstanding sec-
tion 310(b) of the Immigration and Nationality Act (8 
U.S.C. 1421(b)), an individual may complete the natu-
ralization process by participating in a remote oath cere-
mony conducted pursuant to subsection (a) if such indi-
vidual— 
(1) has an approved application for naturaliza-
tion; 
(2) is unable otherwise to complete the natu-
ralization process due to the cancellation or suspen-
sion of in-person oath ceremonies during the public
1759 
health emergency declared by the Secretary of 
Health and Human Services under section 319 of 
the Public Health Service Act (42 U.S.C. 247d) with 
respect to COVID–19; and 
(3) elects to participate in a remote oath cere-
mony in lieu of waiting for in-person ceremonies to 
resume. 
(c) ADDITIONAL
REQUIREMENTS.—Upon estab-
lishing the procedures described in subsection (a), the Sec-
retary of Homeland Security shall— 
(1) without undue delay, provide written notice 
to individuals described in subsection (b)(1) of the 
option of participating in a remote oath ceremony in 
lieu of a participating in an in-person ceremony; 
(2) to the greatest extent practicable, ensure 
that remote oath ceremonies are administered to in-
dividuals who elect to participate in such a ceremony 
not later than 30 days after the individual so noti-
fies the Secretary; and 
(3) administer oath ceremonies to all other eli-
gible individuals as expeditiously as possible after 
the end of the public health emergency referred to 
in subsection (b)(2). 
(d) AVAILABILITY OF REMOTE OPTION.—The Sec-
retary of Homeland Security shall begin administering re-
1760 
mote oath ceremonies on the date that is 60 days after 
the date of the enactment of this title and shall continue 
administering such ceremonies until a date that is not ear-
lier than 90 days after the end of the public health emer-
gency referred to in subsection (b)(2). 
(e) CLARIFICATION.—Failure to appear for a remote 
oath ceremony shall not create a presumption that the in-
dividual has abandoned his or her intent to be naturalized. 
(f) REPORT TO CONGRESS.—Not later than 180 days 
after the end of the public health emergency referred to 
in subsection (b)(2), the Secretary of Homeland Security 
shall submit a report to Congress that identifies, for each 
State and political subdivision of a State, the number of— 
(1) individuals who were scheduled for an in- 
person oath ceremony that was cancelled due to such 
public health emergency; 
(2) individuals who were provided written notice 
pursuant to subsection (c)(1) of the option of par-
ticipating in a remote oath ceremony; 
(3) individuals who elected to participate in a 
remote oath ceremony in lieu of an in-person public 
ceremony; 
(4) individuals who completed the naturaliza-
tion process by participating in a remote oath cere-
mony; and
1761 
(5) remote oath ceremonies that were conducted 
within the period described in subsection (d). 
SEC. 191203. TEMPORARY PROTECTIONS FOR ESSENTIAL 
CRITICAL INFRASTRUCTURE WORKERS. 
(a) PROTECTIONS FOR ESSENTIAL CRITICAL INFRA-
STRUCTURE WORKERS.—During the period described in 
subsection (e), an alien described in subsection (d) shall 
be deemed to be in a period of deferred action and author-
ized for employment for purposes of section 274A of the 
Immigration and Nationality Act (8 U.S.C. 1324a). 
(b) EMPLOYER PROTECTIONS.—During the period 
described in subsection (e), the hiring, employment, or 
continued employment of an alien described in subsection 
(d) is not a violation of section 274A(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1324a(a)). 
(c) CLARIFICATION.—Nothing in this section shall be 
deemed to require an alien described in subsection (d), or 
such alien’s employer— 
(1) to submit an application for employment 
authorization or deferred action, or register with, or 
pay a fee to, the Secretary of Homeland Security or 
the head of any other Federal agency; or 
(2) to appear before an agent of the Depart-
ment of Homeland Security or any other Federal
1762 
agency for an interview, examination, or any other 
purpose. 
(d) ALIENS DESCRIBED.—An alien is described in 
this subsection if the alien— 
(1) on the date of the enactment of this title— 
(A) is physically present in the United 
States; and 
(B) is inadmissible to, or deportable from, 
the United States; and 
(2) engaged in essential critical infrastructure 
labor or services in the United States prior to the 
period described in subsection (e) and continues to 
engage in such labor or services during such period. 
(e) PERIOD DESCRIBED.—The period described in 
this subsection— 
(1) begins on the first day of the public health 
emergency declared by the Secretary of Health and 
Human Services under section 319 of the Public 
Health Service Act (42 U.S.C. 247d) with respect to 
COVID–19; and 
(2) ends 90 days after the date on which such 
public health emergency terminates. 
(f) ESSENTIAL CRITICAL INFRASTRUCTURE LABOR 
OR SERVICES.—For purposes of this section, the term ‘‘es-
sential critical infrastructure labor or services’’ means
1763 
labor or services performed in an essential critical infra-
structure sector, as described in the ‘‘Advisory Memo-
randum on Identification of Essential Critical Infrastruc-
ture Workers During COVID–19 Response’’, revised by 
the Department of Homeland Security on April 17, 2020. 
SEC. 191204. SUPPLEMENTING THE COVID RESPONSE 
WORKFORCE. 
(a) EXPEDITED GREEN CARDS FOR CERTAIN PHYSI-
CIANS IN THE UNITED STATES.— 
(1) IN GENERAL.—During the period described 
in paragraph (3), an alien described in paragraph 
(2) may apply to acquire the status of an alien law-
fully admitted to the United States for permanent 
residence consistent with section 201(b)(1) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1151(b)(1)). 
(2) ALIEN DESCRIBED.—An alien described in 
this paragraph is an alien physician (and the spouse 
and children of such alien) who— 
(A) has an approved immigrant visa peti-
tion under section 203(b)(2)(B)(ii) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1153(b)(2)(B)(ii)) and has completed the serv-
ice requirements for a waiver under such sec-
1764 
tion on or before the date of the enactment of 
this title; and 
(B) provides a statement to the Secretary 
of Homeland Security attesting that the alien is 
engaged in or will engage in the practice of 
medicine or medical research involving the diag-
nosis, treatment, or prevention of COVID–19. 
(3) PERIOD DESCRIBED.—The period described 
in this paragraph is the period beginning on the date 
of the enactment of this title and ending 180 days 
after the termination of the public health emergency 
declared by the Secretary of Health and Human 
Services under section 319 of the Public Health 
Service Act (42 U.S.C. 247d), with respect to 
COVID–19. 
(b) EXPEDITED PROCESSING OF NONIMMIGRANT PE-
TITIONS AND APPLICATIONS.— 
(1) IN GENERAL.—In accordance with the pro-
cedures described in paragraph (2), the Secretary of 
Homeland Security shall expedite the processing of 
applications and petitions seeking employment or 
classification of an alien as a nonimmigrant to prac-
tice medicine, provide healthcare, engage in medical 
research, or participate in a graduate medical edu-
1765 
cation or training program involving the diagnosis, 
treatment, or prevention of COVID–19. 
(2) APPLICATIONS OR PETITIONS FOR NEW EM-
PLOYMENT OR CHANGE OF STATUS.— 
(A) INITIAL REVIEW.—Not later than 15 
days after the Secretary of Homeland Security 
receives an application or petition for new em-
ployment or change of status described in para-
graph (1), the Secretary shall conduct an initial 
review of such application or petition and, if ad-
ditional evidence is required, shall issue a re-
quest for evidence. 
(B) DECISION.— 
(i) IN
GENERAL.—The Secretary of 
Homeland Security shall issue a final deci-
sion on an application or petition described 
in paragraph (1) not later than 30 days 
after receipt of such application or peti-
tion, or, if a request for evidence is issued, 
not later than 15 days after the Secretary 
receives the applicant or petitioner’s re-
sponse to such request. 
(ii) E-MAIL.—In addition to delivery 
through regular mail services, decisions de-
scribed in clause (i) shall be transmitted to
1766 
the applicant or petitioner via electronic 
mail, if the applicant or petitioner provides 
the Secretary of Homeland Security with 
an electronic mail address. 
(3) TERMINATION.—This subsection shall take 
effect on the date of the enactment of this title and 
shall cease to be effective on the date that is 180 
days after the termination of the public health emer-
gency declared by the Secretary of Health and 
Human Services under section 319 of the Public 
Health Service Act (42 U.S.C. 247d), with respect 
to COVID–19. 
(c) EMERGENCY VISA PROCESSING.— 
(1) VISA PROCESSING.— 
(A) IN GENERAL.—The Secretary of State 
shall prioritize the processing of applications 
submitted by aliens who are seeking a visa 
based on an approved nonimmigrant petition to 
practice medicine, provide healthcare, engage in 
medical research, or participate in a graduate 
medical education or training program involving 
the diagnosis, treatment, or prevention of 
COVID–19. 
(B) INTERVIEW.—
1767 
(i) IN
GENERAL.—The Secretary of 
State shall ensure that visa appointments 
are scheduled for aliens described in sub-
paragraph (A) not later than 7 business 
days after the alien requests such an ap-
pointment. 
(ii) SUSPENSION
OF
ROUTINE
VISA 
SERVICES.—If routine visa services are un-
available in the alien’s home country— 
(I) the U.S. embassy or consulate 
in the alien’s home country shall— 
(aa) conduct the visa inter-
view with the alien via video-tele-
conferencing technology; or 
(bb) grant an emergency 
visa appointment to the alien not 
later than 10 business days after 
the alien requests such an ap-
pointment; or 
(II) the alien may seek a visa ap-
pointment at any other U.S. embassy 
or consulate where routine visa serv-
ices are available, and such embassy 
or consulate shall make every reason-
able effort to provide the alien with an
1768 
appointment within 10 business days 
after the alien requests such an ap-
pointment. 
(2) INTERVIEW WAIVERS.—Except as provided 
in section 222(h)(2) of the Immigration and Nation-
ality Act (8 U.S.C. 1202(h)(2)), the Secretary of 
State shall waive the interview of any alien seeking 
a nonimmigrant visa based on an approved petition 
described in paragraph (1)(A), if— 
(A) such alien is applying for a visa— 
(i) not more than 3 years after the 
date on which such alien’s prior visa ex-
pired; 
(ii) in the visa classification for which 
such prior visa was issued; and 
(iii) at a consular post located in the 
alien’s country of residence or, if otherwise 
required by regulation, country of nation-
ality; and 
(B) the consular officer has no indication 
that such alien has failed to comply with the 
immigration laws and regulations of the United 
States. 
(3) TERMINATION.—This subsection shall take 
effect on the date of the enactment of this title and
1769 
shall cease to be effective on the date that is 180 
days after the termination of the public health emer-
gency declared by the Secretary of Health and 
Human Services under section 319 of the Public 
Health Service Act (42 U.S.C. 274d), with respect 
to COVID–19. 
(d) 
IMPROVING
MOBILITY
OF
NONIMMIGRANT 
COVID–19 WORKERS.— 
(1) 
LICENSURE.—Notwithstanding 
section 
212(j)(2) of the Immigration and Nationality Act (8 
U.S.C. 1182(j)(2)), for the period described in para-
graph (6), the Secretary of Homeland Security may 
approve a petition for classification as a non-
immigrant 
described 
under 
section 
101(a)(15)(H)(i)(b) of such Act, filed on behalf of a 
physician for purposes of performing direct patient 
care if such physician possesses a license or other 
authorization required by the State of intended em-
ployment to practice medicine, or is eligible for a 
waiver of such requirement pursuant to an executive 
order, emergency rule, or other action taken by the 
State to modify or suspend regular licensing require-
ments in response to the COVID–19 public health 
emergency.
1770 
(2) TEMPORARY LIMITATIONS ON AMENDED H– 
1B PETITIONS.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, the Secretary of Home-
land Security shall not require an employer of 
a nonimmigrant alien described in section 
101(a)(15)(H)(i)(b) of the Immigration and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(i)(b)) to file an amended or 
new petition under section 214(a) of such Act 
(8 U.S.C. 1184(a)) if upon transferring such 
alien to a new area of employment, the alien 
will practice medicine, provide healthcare, or 
engage in medical research involving the diag-
nosis, treatment, or prevention of COVID–19. 
(B) CLARIFICATION ON TELEMEDICINE.— 
Nothing in the Immigration and Nationality 
Act or any other provision of law shall be con-
strued to require an employer of a non-
immigrant 
alien 
described 
in 
section 
101(a)(15)(H)(i)(b) of the Immigration and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(i)(b)) to file an amended or 
new petition under section 214(a) of such Act 
(8 U.S.C. 1184(a)) if the alien is a physician or
1771 
other healthcare worker who will provide remote 
patient care through the use of real-time audio- 
video communication tools to consult with pa-
tients and other technologies to collect, analyze, 
and transmit medical data and images. 
(3) PERMISSIBLE
WORK
ACTIVITIES
FOR
J–1 
PHYSICIANS.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, the diagnosis, treatment, 
or prevention of COVID–19 shall be considered 
an integral part of a graduate medical edu-
cation or training program and a nonimmigrant 
described in section 101(a)(15)(J) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(J)) who is participating in such a 
program— 
(i) may be redeployed to a new rota-
tion within the host training institution as 
needed to engage in COVID–19 work; and 
(ii) may receive compensation for such 
work. 
(B) OTHER
PERMISSIBLE
EMPLOYMENT 
ACTIVITIES.—A nonimmigrant described in sec-
tion 101(a)(15)(J) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(15)(J)) who is
1772 
participating in a graduate medical education 
or training program may engage in work out-
side the scope of the approved program, if— 
(i) the work involves the diagnosis, 
treatment, or prevention of COVID–19; 
(ii) the alien has maintained lawful 
nonimmigrant status and has otherwise 
complied with the terms of the education 
or training program; and 
(iii) the program sponsor approves the 
additional work by annotating the non-
immigrant’s Certificate of Eligibility for 
Exchange Visitor (J–1) Status (Form DS– 
2019) and notifying the Immigration and 
Customs Enforcement Student and Ex-
change Visitor Program of the approval of 
such work. 
(C) CLARIFICATION ON TELEMEDICINE.— 
Section 214(l)(1)(D) of the Immigration and 
Nationality Act (8 U.S.C. 1184(l)(1)(D)) may 
be satisfied through the provision of care to pa-
tients located in areas designated by the Sec-
retary of Health and Human Services as having 
a shortage of health care professionals, through 
the physician’s use of real-time audio-video
1773 
communication tools to consult with patients 
and other technologies to collect, analyze, and 
transmit medical data and images. 
(4) PORTABILITY OF O–1 NONIMMIGRANTS.—A 
nonimmigrant who was previously issued a visa or 
otherwise provided nonimmigrant status under sec-
tion 101(a)(15)(O)(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(15)(O)(i)), and is 
seeking an extension of such status, is authorized to 
accept new employment under the terms and condi-
tions described in section 214(n) of such Act (8 
U.S.C. 1184(n)). 
(5) INCREASING THE ABILITY OF PHYSICIANS 
TO CHANGE NONIMMIGRANT STATUS.— 
(A) CHANGE OF NONIMMIGRANT CLASSI-
FICATION.—Section 248(a) of the Immigration 
and Nationality Act (8 U.S.C. 1184(l)), is 
amended— 
(i) in paragraph (1), by inserting 
‘‘and’’ after the comma at the end; 
(ii) by striking paragraphs (2) and 
(3); and 
(iii) by redesignating paragraph (4) as 
paragraph (2).
1774 
(B) ADMISSION
OF
NONIMMIGRANTS.— 
Section 214(l)(2)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1184(l)(2)(A)) is 
amended by striking ‘‘Notwithstanding section 
248(a)(2), the’’ and inserting ‘‘The’’. 
(6) TERMINATION.—This subsection shall take 
effect on the date of the enactment of this title and 
except as provided in paragraphs (2)(B), (3)(C), (4), 
and (5), shall cease to be effective on that date that 
is 180 days after the termination of the public 
health emergency declared by the Secretary of 
Health and Human Services under section 319 of 
the Public Health Service Act (42 U.S.C. 247d), 
with respect to COVID–19. 
(e) CONRAD 30 PROGRAM.— 
(1) 
PERMANENT
AUTHORIZATION.—Section 
220(c) of the Immigration and Nationality Technical 
Corrections Act of 1994 (Public Law 103–416; 8 
U.S.C. 1182 note) is amended by striking ‘‘and be-
fore September 30, 2015’’. 
(2) ADMISSION
OF
NONIMMIGRANTS.—Section 
214(l) of the Immigration and Nationality Act (8 
U.S.C. 1184(l)), is amended— 
(A) in paragraph (1)(B)—
1775 
(i) by striking ‘‘30’’ and inserting 
‘‘35’’; and 
(ii) by inserting ‘‘, except as provided 
in paragraph (4)’’ before the semicolon at 
the end; and 
(B) by adding at the end the following: 
‘‘(4) ADJUSTMENT IN WAIVER NUMBERS.— 
‘‘(A) INCREASES.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), if in any fiscal year, 
not less than 90 percent of the waivers 
provided under paragraph (1)(B) are uti-
lized by States receiving at least 5 such 
waivers, the number of such waivers allot-
ted to each State shall increase by 5 for 
each subsequent fiscal year. 
‘‘(ii) EXCEPTION.—If 45 or more 
waivers are allotted to States in any fiscal 
year, an increase of 5 waivers in subse-
quent fiscal years shall be provided only in 
the case that not less than 95 percent of 
such waivers are utilized by States receiv-
ing at least 1 waiver. 
‘‘(B) DECREASES.—If in any fiscal year in 
which there was an increase in waivers, the
1776 
total number of waivers utilized is 5 percent 
lower than in the previous fiscal year, the num-
ber of such waivers allotted to each State shall 
decrease by 5 for each subsequent fiscal year, 
except that in no case shall the number of waiv-
ers allotted to each State drop below 35.’’. 
(f) TEMPORARY PORTABILITY FOR PHYSICIANS AND 
CRITICAL HEALTHCARE WORKERS
IN RESPONSE
TO 
COVID–19 PUBLIC HEALTH EMERGENCY.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the enactment of this title, the Secretary 
of Homeland Security, in consultation with the Sec-
retary of Labor and the Secretary of Health and 
Human Services, shall establish emergency proce-
dures to provide employment authorization to aliens 
described in paragraph (2), for purposes of facili-
tating the temporary deployment of such aliens to 
practice medicine, provide healthcare, or engage in 
medical research involving the diagnosis, treatment, 
or prevention of COVID–19. 
(2) ALIENS DESCRIBED.—An alien described in 
this paragraph is an alien who is— 
(A) physically present in the United 
States;
1777 
(B) maintaining lawful nonimmigrant sta-
tus that authorizes employment with a specific 
employer incident to such status; and 
(C) working in the United States in a 
healthcare occupation essential to COVID–19 
response, as determined by the Secretary of 
Health and Human Services. 
(3) EMPLOYMENT AUTHORIZATION.— 
(A) APPLICATION.— 
(i) IN
GENERAL.—The Secretary of 
Homeland Security may grant employment 
authorization to an alien described in para-
graph (2) if such alien submits an Applica-
tion for Employment Authorization (Form 
I–765 or any successor form), which shall 
include— 
(I) evidence of the alien’s current 
nonimmigrant status; 
(II) copies of the alien’s academic 
degrees and any licenses, credentials, 
or other documentation confirming 
authorization to practice in the alien’s 
occupation; and 
(III) any other evidence deter-
mined necessary by the Secretary of
1784 
cation for labor certification that was previously filed 
on behalf of such alien. 
(4) PROTECTIONS
FOR
SURVIVING
SPOUSES 
AND CHILDREN.— 
(A) 
SURVIVING
SPOUSES
AND
CHIL-
DREN.—Notwithstanding the death of an alien 
described in paragraph (2), the Secretary of 
State may approve an application for an immi-
grant visa, and the Secretary of Homeland Se-
curity may approve an application for adjust-
ment of status to lawful permanent resident, 
filed by or on behalf of a spouse or child of 
such alien. 
(B) AGE-OUT PROTECTION.—For purposes 
of an application for an immigrant visa or ad-
justment of status filed by or on behalf of a 
child of an alien described in paragraph (2), the 
determination of whether the child satisfies the 
age requirement under section 101(b)(1) of the 
Immigration and Nationality Act (8 U.S.C. 
1101(b)(1)) shall be made using the age of the 
child on the date the immigrant visa petition 
under paragraph (1) was approved. 
(C) CONTINUATION
OF
NONIMMIGRANT 
STATUS.—A spouse or child of an alien de-