2028 
(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 
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 
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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-
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; 
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(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 
(5) remote oath ceremonies that were conducted 
within the period described in subsection (d). 
SEC. 103. TEMPORARY PROTECTIONS FOR ESSENTIAL CRIT-
ICAL 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— 
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(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 
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 
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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 
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. 104. SUPPLEMENTING THE COVID RESPONSE WORK-
FORCE. 
(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)). 
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(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-
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.— 
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(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-
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-
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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 
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 
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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.— 
(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 
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(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 
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 
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(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 
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 
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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. 
(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 
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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 
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 
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(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 
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 
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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 
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— 
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(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). 
(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 
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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)— 
(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-
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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 
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 
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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; 
(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; 
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(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 
Homeland Security to establish by a 
preponderance of the evidence that 
the alien meets the requirements of 
paragraph (2). 
(ii) CONVERSION OF PENDING APPLI-
CATIONS.—The Secretary of Homeland Se-
curity shall establish procedures for the ad-
judication of any employment authoriza-
tion applications for aliens described in 
paragraph (2) that are pending on the date 
of the enactment of this title, and the 
issuance of employment authorization doc-
uments in connection with such applica-
tions in accordance with the terms and 
conditions of this subsection, upon request 
by the applicant. 
(B) FEES.—The Secretary of Homeland 
Security shall collect a fee for the processing of 
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applications for employment authorization as 
provided under this paragraph. 
(C) REQUEST FOR EVIDENCE.—If all re-
quired initial evidence has been submitted 
under this subsection but such evidence does 
not establish eligibility, the Secretary of Home-
land Security shall issue a request for evidence 
not later than 15 days after receipt of the ap-
plication for employment authorization. 
(D) DECISION.—The Secretary of Home-
land Security shall issue a final decision on an 
application for employment authorization under 
this subsection not later than 30 days after re-
ceipt of such application, or, if a request for 
evidence is issued, not later than 15 days after 
the Secretary receives the alien’s response to 
such request. 
(E) 
EMPLOYMENT
AUTHORIZATION 
CARD.—An employment authorization document 
issued under this subsection shall— 
(i) be valid for a period of not less 
than 1 year; 
(ii) include the annotation ‘‘COVID– 
19’’; and 
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(iii) notwithstanding any other provi-
sion of law, allow the bearer of such docu-
ment to engage in employment during its 
validity period, with any United States em-
ployer to perform services described in 
paragraph (1). 
(F) RENEWAL.—Subject to paragraph (5), 
the Secretary of Homeland Security may renew 
an employment authorization document issued 
under this subsection in accordance with proce-
dures established by the Secretary. 
(G) CLARIFICATIONS.— 
(i) MAINTENANCE OF STATUS.—Not-
withstanding a reduction in hours or ces-
sation of work with the employer that peti-
tioned for the alien’s underlying non-
immigrant status, an alien granted employ-
ment authorization under this subsection, 
and the spouse and children of such alien 
shall, for the period of such authorization, 
be deemed— 
(I) to be lawfully present in the 
United States; and 
(II) to have continuously main-
tained the alien’s underlying non-
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immigrant status for purposes of an 
extension of such status, a change of 
nonimmigrant status under section 
248 of the Immigration and Nation-
ality Act (8 U.S.C. 1258), or adjust-
ment of status under section 245 of 
such Act (8 U.S.C. 1255). 
(ii) LIMITATIONS.—An employment 
authorization document described in sub-
paragraph (E) may not be— 
(I) utilized by the alien to engage 
in any employment other than that 
which is described in paragraph (1); 
or 
(II) accepted by an employer as 
evidence of authorization under sec-
tion 274A(b)(1)(C) of the Immigra-
tion and Nationality Act (8 U.S.C. 
1324a(b)(1)(C)), to engage in employ-
ment other than that which is de-
scribed in paragraph (1). 
(4) TREATMENT OF TIME SPENT ENGAGING IN 
COVID–19-RELATED
WORK.—Notwithstanding any 
other provision of law, time spent by an alien physi-
cian engaged in direct patient care involving the di-
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agnosis, treatment, or prevention of COVID–19 
shall count towards— 
(A) the 5 years that an alien is required to 
work as a full-time physician for purposes of a 
national 
interest 
waiver 
under 
section 
203(b)(2)(B)(ii) of the Immigration and Na-
tionality Act (8 U.S.C. 1153(b)(2)(B)(ii)); and 
(B) the 3 years that an alien is required 
to work as a full-time physician for purposes of 
a waiver of the 2-year foreign residence require-
ment under section 212(e) of the Immigration 
and Nationality Act (8 U.S.C. 1182(e)), as pro-
vided in section 214(l) of such Act (8 U.S.C. 
1184(l)). 
(5) EXTENSION OR TERMINATION.—The proce-
dures described in paragraph (1) shall take effect on 
the date that is 30 days after the date of the enact-
ment of this title and shall remain in effect until 
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. 
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(g) 
SPECIAL
IMMIGRANT
STATUS
FOR
NON-
IMMIGRANT
COVID–19 WORKERS
AND
THEIR
FAMI-
LIES.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security may grant a petition for special immigrant 
classification to an alien described in paragraph (2) 
(and the spouse and children of such alien) if the 
alien files a petition for special immigrant status 
under section 204 of the Immigration and Nation-
ality Act (8 U.S.C. 1154) for classification under 
section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)). 
(2) ALIENS DESCRIBED.—An alien is described 
in this paragraph if, during the period beginning on 
the date that the COVID–19 public health emer-
gency was declared by the Secretary of Health and 
Human Services under section 319 of the Public 
Health Service Act (42 U.S.C. 247d) and ending 
180 days after the termination of such emergency, 
the alien was— 
(A) authorized for employment in the 
United States and maintaining a nonimmigrant 
status; and 
(B) engaged in the practice of medicine, 
provision of healthcare services, or medical re-
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search involving the diagnosis, treatment, or 
prevention of COVID–19 disease. 
(3) PRIORITY DATE.—Subject to paragraph (5), 
immigrant visas under paragraph (1) shall be made 
available to aliens in the order in which a petition 
on behalf of each such alien is filed with the Sec-
retary of Homeland Security, except that an alien 
shall maintain any priority date that was assigned 
with respect to an immigrant visa petition or appli-
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 
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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-
scribed in paragraph (2) shall be considered to 
have maintained lawful nonimmigrant status 
until the earlier of the date— 
(i) on which the Secretary of Home-
land Security accepts for filing, an applica-
tion for adjustment of status based on a 
petition described in paragraph (1); or 
(ii) that is 2 years after the date of 
the principal nonimmigrant’s death. 
(5) NUMERICAL LIMITATIONS.— 
(A) IN
GENERAL.—The total number of 
principal aliens who may be provided special 
immigrant status under this subsection may not 
exceed 4,000 per year for each of the 3 fiscal 
years beginning after the date of the enactment 
of this title. 
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(B) EXCLUSION FROM NUMERICAL LIMITA-
TIONS.—Aliens provided special immigrant sta-
tus under this subsection shall not be counted 
against any numerical limitations under section 
201(d), 202(a), or 203(b)(4) of the Immigra-
tion and Nationality Act (8 U.S.C. 1151(d), 
1152(a), or 1153(b)(4)). 
(C) CARRY
FORWARD.—If the numerical 
limitation specified in subparagraph (A) is not 
reached during a given fiscal year referred to in 
such subparagraph, the numerical limitation 
specified in such subparagraph for the following 
fiscal year shall be increased by a number equal 
to the difference between— 
(i) the numerical limitation specified 
in subparagraph (A) for the given fiscal 
year; and 
(ii) the number of principal aliens pro-
vided special immigrant status under this 
subsection during the given fiscal year. 
SEC. 105. ICE DETENTION. 
(a) REVIEWING ICE DETENTION.—During 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, 
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the Secretary of Homeland Security shall review the immi-
gration files of all individuals in the custody of U.S. Immi-
gration and Customs Enforcement to assess the need for 
continued detention. The Secretary of Homeland Security 
shall prioritize for release on recognizance or alternatives 
to detention individuals who are not subject to mandatory 
detention laws, unless the individual is a threat to public 
safety or national security. 
(b) ACCESS TO ELECTRONIC COMMUNICATIONS AND 
HYGIENE PRODUCTS.—During the period described in 
subsection (c), the Secretary of Homeland Security shall 
ensure that— 
(1) all individuals in the custody of U.S. Immi-
gration and Customs Enforcement— 
(A) have access to telephonic or video com-
munication at no cost to the detained indi-
vidual; 
(B) have access to free, unmonitored tele-
phone calls, at any time, to contact attorneys or 
legal service providers in a sufficiently private 
space to protect confidentiality; 
(C) are permitted to receive legal cor-
respondence by fax or email rather than postal 
mail; and 
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(D) are provided sufficient soap, hand san-
itizer, and other hygiene products; and 
(2) nonprofit organizations providing legal ori-
entation programming or know-your-rights program-
ming to individuals in the custody of U.S. Immigra-
tion and Customs Enforcement are permitted broad 
and flexible access to such individuals— 
(A) to provide group presentations using 
remote videoconferencing; and 
(B) to schedule and provide individual ori-
entations using free telephone calls or remote 
videoconferencing. 
(c) 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. 
SEC. 106. CONDITION ON FURLOUGH. 
U.S. Citizenship and Immigration Services may not 
furlough any employee in any pay period in fiscal year 
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2021 if the agency has sufficient available balances for 
compensation for such employee during such pay period. 
SEC. 107. LIMITATION ON USE OF FUNDS BY OTHER AGEN-
CIES. 
Notwithstanding any other provision of law, none of 
the funds deposited into the Immigration Examinations 
Fee Account pursuant to subsection (m) or (u) of section 
286 of the Immigration and Nationality Act (8 U.S.C. 
1356), may be made available to any other Federal agency 
for such other agency’s purpose, unless such funds were 
made available to such agency for such purpose in fiscal 
year 2019. 
SEC. 108. CHIEF FINANCIAL OFFICER. 
(a) REPORT TO DIRECTOR.—The Chief Financial Of-
ficer of U.S. Citizenship and Immigration Services shall 
report to the Director of U.S. Citizenship and Immigra-
tion Services. 
(b) REQUIRED
CONSULTATION.—Prior to imple-
menting any substantive change to a policy, program, or 
process, the Director of U.S. Citizenship and Immigration 
Services shall consider the impact of such change on the 
agency’s revenue, expenditures, and reserve funding in 
consultation with the agency’s Chief Financial Officer. 
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SEC. 109. INDEPENDENT VERIFICATION AND VALIDATION 
REVIEW. 
Not later than 180 days after the date of enactment 
of this Act, the Director of U.S. Citizenship and Immigra-
tion Services shall submit to the Committees on the Judi-
ciary of the House of Representatives and the Senate, and 
the Committees on Appropriations of the House of Rep-
resentatives and the Senate, the results and recommenda-
tions of an Independent Verification and Validation review 
of each model used by the agency to inform adjustments 
of fees charged for the adjudication of immigration and 
citizenship benefit requests. 
SEC. 110. REPORTING REQUIREMENT. 
(a) IN GENERAL.—In addition to the requirements 
of section 286(o) of the Immigration and Nationality Act 
(8 U.S.C. 1356(o)), the Secretary of Homeland Security 
shall prepare a report on the fiscal status of U.S. Citizen-
ship and Immigration Services that includes the following, 
disaggregated by funding source— 
(1) the annual operating plan broken out by di-
rectorate and program office within such agency, 
which shall include obligations and current year ex-
penditures for the preceding quarter, along with pro-
jected obligations and expenditures for the current 
quarter and the subsequent quarters; 
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(2) fee receipts for each form type for the pre-
ceding quarter and estimates of such receipts for the 
current and subsequent quarter; 
(3) other agency expenses, including payments 
or transfers to other Federal agencies and general 
operating expenses; 
(4) the percentage of revenue generated from 
premium processing receipts used for the adjudica-
tion of non-premium benefit applications; 
(5) carryover or reserve funding projections, ob-
ligations, and expenditures; 
(6) productivity measurement data, by form 
type, directorate, and program office, measured 
against baseline capacity and workload volumes; 
(7) the impact on such measurement data from 
changes in personnel, technology usage, or processes; 
(8) processing times by program office and di-
rectorate, disaggregated by form type; and 
(9) backlogs by form type, including petitions 
for family- and employment-based immigration bene-
fits and for asylum and other humanitarian protec-
tions. 
(b) REVIEW.—The report required in subsection (a) 
shall be— 
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(1) validated and reviewed by the Chief Finan-
cial Officer of the Department of Homeland Secu-
rity; and 
(2) submitted to the Committees on the Judici-
ary of the Senate and the House of Representatives 
and the Committees on Appropriations of the Senate 
and the House of Representatives not later than 90 
days after the date of enactment of this Act and 
every 180 days thereafter. 
(c) PUBLIC AVAILABILITY.—The information de-
scribed in paragraphs (6) through (9) of subsection (a) 
shall also be made available not later than 15 days after 
the end of each fiscal quarter on a publicly available 
website. 
(d) REVENUE EARNINGS REPORT.—Not later than 
60 days after the date of enactment of this Act and up-
dated monthly thereafter, the Director of U.S. Citizenship 
and Immigration Services shall publish on a publicly avail-
able website in a downloadable, searchable, and sortable 
format a revenue earnings report that includes data begin-
ning October 1, 2009, which shall be disaggregated by 
month and revenue source. 
(e) INDEPENDENT REVIEW.—The Comptroller Gen-
eral of the United States shall conduct an independent re-
view of the first report submitted pursuant to subsection 
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(b) and shall examine the circumstances that led to fiscal 
situation for U.S. Citizenship and Immigration Services 
for the fiscal years 2017 through 2020. 
TITLE II—PRISONS AND JAILS 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Pandemic Justice Re-
sponse Act’’. 
SEC. 202. 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 at least 4 territories. 
(2) As of September 27, 2020, more than 
7,119,400 people in the United States had been in-
fected with the coronavirus and at least 204,400 had 
died. 
(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-
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leased individuals over the age of 50 have a very low 
recidivism rate. 
(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: 
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(1) COVERED HEALTH CONDITION.—The term 
‘‘covered health condition’’ with respect to an indi-
vidual, means the individual— 
(A) is pregnant; 
(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-
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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 
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-
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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 
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, taking into ac-
count the individual’s offense of conviction, 
to be likely to pose a specific and substan-
tial 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-
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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, 
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— 
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(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-
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. 
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(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 
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 
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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 
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— 
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(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 
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 
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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 
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 
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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-
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 
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(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 
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 
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(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. 
(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 
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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 
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 
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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. 
(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 
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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 
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-
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tion for a revocation of juvenile probation or super-
vised release. 
SEC. 203. COURT AUTHORITY TO REDUCE SENTENCES AND 
TEMPORARY RELEASE AUTHORITY FOR NON- 
VIOLENT OFFENDERS. 
(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 202(b)) or on the court’s own motion, reduce 
a term of imposed imprisonment on that individual, 
unless the government shows, by clear and con-
vincing evidence, that the individual poses a risk of 
serious, imminent injury to a reasonably identifiable 
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, 
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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 
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, taking into account the individual’s offense of convic-
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2081 
tion or adjudication, order the temporary release of the 
individual, for a limited period ending not later than the 
expiration or termination of the COVID–19 emergency, if 
such release is for the purpose of avoiding or mitigating 
the risks associated with imprisonment during the covered 
emergency period, either generally with respect to the indi-
vidual’s place of imprisonment or specifically with respect 
to the individual. 
(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. 
(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 
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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 
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 202(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 
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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. 204. 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 
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. 
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‘‘(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. 205. INCREASING AVAILABILITY OF HOME DETENTION 
FOR NON-VIOLENT 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 
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 
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2128 
years after the date of enactment of this Act and 
pending on or commenced after such date of enact-
ment, in which a plan under chapter 13 of title 11, 
United States Code, was not confirmed before March 
27, 2020. 
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