I 
117TH CONGRESS 
1ST SESSION H. R. 3963 
To expand compassionate release authority and elderly home confinement 
access for offenders with heightened coronavirus risk. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 17, 2021 
Ms. DEAN introduced the following bill; which was referred to the Committee 
on the Judiciary, and in addition to the Committees on Energy and Com-
merce, and the Budget, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To expand compassionate release authority and elderly home 
confinement 
access 
for 
offenders 
with 
heightened 
coronavirus risk. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Emergency Grants of 
Release And Compassion Effectively Act of 2021’’ or the 
‘‘Emergency GRACE Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Bureau of Prisons. 
(2) PUBLIC HEALTH EMERGENCY.—The term 
‘‘public health emergency’’— 
(A) means a public health emergency de-
clared by the Secretary of Health and Human 
Services under section 319 of the Public Health 
Service Act (42 U.S.C. 247d); and 
(B) includes— 
(i) a public health emergency declared 
by the Governor of a State or territory in 
which a Bureau of Prisons facility is lo-
cated; and 
(ii) the public health emergency de-
clared on January 31, 2020, in response to 
COVID–19. 
SEC. 3. EXPEDITED COMPASSIONATE RELEASE. 
(a) AUTHORITY.—For purposes of a motion filed 
under section 3582(c)(1) of title 18, United States Code, 
during any period for which a public health emergency is 
in effect, the requirement to exhaust all administrative 
rights or the 30-day waiting period described in section 
3582(c)(1) of title 18, United States Code, shall not apply. 
(b) 
IDENTIFYING
COMPASSIONATE
RELEASE 
CASES.—The Director shall— 
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(1) identify defendants who are at a higher risk 
of death, as defined by the Centers for Disease Con-
trol and Prevention, from the disease or illness for 
which the public health emergency was declared, in-
cluding— 
(A) defendants over the age of 60; 
(B) defendants with a terminal illness, as 
defined in section 3582(d)(1) of title 18, United 
States Code; and 
(C) defendants with autoimmune disorders 
or serious medical conditions, including heart 
disease, diabetes, HIV, chronic or acute res-
piratory disease, or cancer; 
(2) upon a written request by a defendant for 
the medical records of the defendant, or in the case 
of the defendant’s attorney, a request for the med-
ical records of the defendant that declares under the 
penalty of perjury that the records are being sought 
in connection with a motion under subsection (a), 
promptly release all medical records from the year 
preceding the request to the parties specified in the 
request, including the court, the defendant, and any 
individual acting on the defendant’s behalf; 
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(3) ensure that there are adequate numbers of 
Bureau of Prison employees to carry out paragraph 
(1); and 
(4) provide guidance to Bureau of Prison em-
ployees consistent with public health and safety rec-
ommendations to prevent the spread of the disease 
or illness for which the public health emergency was 
declared. 
(c) PRESUMPTION.—In a motion filed under sub-
section (a) there shall be a presumption of sentence reduc-
tion for a defendant at a higher risk of death from the 
disease or illness for which the public health emergency 
was declared, including a defendant with autoimmune dis-
orders or serious medical conditions, including heart dis-
ease, diabetes, HIV, chronic or acute respiratory disease, 
or cancer. 
(d) LEGAL REPRESENTATION.—The court may ap-
point a Federal public defender or community defender, 
or other counsel qualified to be appointed under section 
3006A of title 18, United States Code, to assist a defend-
ant seeking relief under this section. 
(e) CONFORMING AMENDMENTS TO SECTION 3582 
OF
TITLE
18, 
UNITED
STATES
CODE.—Section 
3582(c)(1) of title 18, United States Code, is amended— 
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(1) in the matter preceding subparagraph (A), 
by inserting ‘‘, including a case involving an offense 
committed on or before November 1, 1987’’ after 
‘‘case’’; and 
(2) in subparagraph (A)— 
(A) in the matter preceding clause (i), by 
striking ‘‘or the lapse of 30 days from the re-
ceipt of such a request by the warden of the de-
fendant’s facility’’ and inserting ‘‘, or upon the 
lapse of 30 days from date on which the defend-
ant submits a request for a reduction in sen-
tence to the warden of the facility in which the 
defendant is imprisoned’’; and 
(B) in clause (ii), by striking ‘‘70 years of 
age’’ and inserting ‘‘60 years of age’’. 
SEC. 4. TEMPORARY RELEASE FROM FEDERAL CUSTODY 
DURING A PUBLIC HEALTH EMERGENCY. 
(a) TEMPORARY RELEASE FROM CUSTODY OF THE 
UNITED STATES MARSHALS.—During a public health 
emergency, a court may order that an individual in the 
custody of United States Marshals Service, or another 
Federal agency, be transferred to home confinement to the 
extent that the court determines such release to be nec-
essary for the health and safety of the individual or the 
detention facility in which the individual would be placed. 
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(b) TEMPORARY FURLOUGH OR TRANSFER.— 
(1) IN
GENERAL.—During a public health 
emergency, a court may order that an individual in 
the custody of the Federal Bureau of Prisons be fur-
loughed or transferred to home confinement to the 
extent that the court determines such furlough or 
transfer to be necessary for the health and safety of 
the individual or the correctional facility in which 
the individual is held. 
(2) FACTORS TO BE CONSIDERED.—In carrying 
out paragraph (1), the court may consider factors 
such as— 
(A) whether an individual filed a motion 
for a reduction of sentence under section 3(a); 
(B) the risk to the health and safety of the 
facility in which the individual is held, including 
an outbreak of a highly contagious virus or dis-
ease; and 
(C) the safety of the community in which 
a person will be released. 
SEC. 5. ALLOWING FOR MEDICAL ASSISTANCE UNDER MED-
ICAID FOR INMATES DURING 30-DAY PERIOD 
PRECEDING RELEASE. 
The subdivision (A) following paragraph (30) of sec-
tion 1905(a) of the Social Security Act (42 U.S.C. 
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1396d(a)) is amended by inserting ‘‘and except during the 
30-day period preceding the date of release of such indi-
vidual from such public institution’’ after ‘‘medical institu-
tion’’. 
SEC. 6. STOPPING THE SPREAD OF CORONAVIRUS IN FED-
ERAL PRISONS. 
(a) REQUIRED ACTION TO STOP THE SPREAD OF 
CORONAVIRUS.—The Director shall require that all Bu-
reau of Prisons facilities, including all contract facilities, 
follow the Centers for Disease Control recommended pro-
cedures for limiting the spread of the coronavirus, includ-
ing robust and ongoing testing, providing adequate soap, 
medical care, comprehensive sanitation and cleaning of fa-
cilities, personal protective equipment, and other safety 
measures provided free of charge to— 
(1) individuals who are incarcerated or detained 
in a Bureau of Prisons facility, including all contract 
facilities; and 
(2) individuals who work or volunteer in a Bu-
reau of Prisons facility, including all contract facili-
ties. 
(b) PLANS AND PROCEDURES.—Not later than 7 
days after the date of enactment of this Act, the Director 
shall— 
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(1) release information about plans and proce-
dures to address the coronavirus within Bureau of 
Prisons facilities, including all contract facilities; 
(2) update the number of coronavirus cases 
that exist in Bureau of Prisons facilities, including 
all contract facilities, and provide daily updates of 
the number; 
(3) begin the process of testing— 
(A) all individuals who are incarcerated or 
detained in a Bureau of Prisons facility or a 
contract facility; and 
(B) all individuals who work or volunteer 
in a Bureau of Prisons facility or contract facil-
ity; 
(4) provide prompt and accurate information 
about the number of coronavirus fatalities; 
(5) inform attorneys, families, and friends of in-
mates in custody when individuals are potentially ex-
posed to or test positive with coronavirus and con-
tinue to provide timely, up-to-date information about 
the health of loved ones; 
(6) provide information about visitation, com-
munication policies, and lockdowns; and 
(7) give updates on healthcare services being 
provided. 
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