Sec. 190101 Short title
This title may be cited as the “Health Care Access for Urban Native Veterans Act”.
Division S — Other Matters
S Other Matters
I Health Care Access for Urban Native Veterans Act
Sec. 190102 Sharing arrangements with Federal agencies
Section 405 of the Indian Health Care Improvement Act (25 U.S.C. 1645) is amended—
in subsection (a)(1), by inserting “urban Indian organizations,” before “and tribal organizations”; and
in subsection (c)—
by inserting “urban Indian organization,” before “or tribal organization”; and
by inserting “an urban Indian organization,” before “or a tribal organization”.
II Tribal School Federal Insurance Parity
Sec. 190201 Short title
This title may be cited as the “Tribal School Federal Insurance Parity Act”.
Sec. 190202 Amendment to the Indian Health Care Improvement Act
Section 409 of the Indian Health Care Improvement Act (25 U.S.C. 1647b) is amended by inserting “or the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.)” after “(25 U.S.C. 450 et seq.)”.
III PRC for Native Veterans Act
Sec. 190301 Short title
This title may be cited as the “Proper and Reimbursed Care for Native Veterans Act” or the “PRC for Native Veterans Act”.
Sec. 190302 Clarification of requirement of Department of Veterans Affairs and Department of Defense to reimburse Indian Health Service for certain health care services
Section 405(c) of the Indian Health Care Improvement Act (25 U.S.C. 1645) is amended by inserting before the period at the end the following: “, regardless of whether such services are provided directly by the Service, an Indian tribe, or tribal organization, through contract health services, or through a contract for travel described in section 213(b)”.
IV Wildlife-Borne Disease Prevention
Sec. 190401 Short title
This title may be cited as the “Wildlife-Borne Disease Prevention Act of 2020”.
Sec. 190402 Measures to address species that pose a risk to human health
Species that pose a risk to human health—
In general— The Secretaries shall, in consultation with the Director of the Centers for Disease Control, the United States Geological Survey, and other relevant Federal agencies, identify wildlife species (or larger taxonomic groups, if appropriate) that could pose a biohazard risk to human health, and perform a risk analysis with respect to each such species for the purposes of determining whether such species is injurious within the meaning of section 42 of title 18, United States Code.
Draft list— The Secretaries shall, not later than 90 days after the date of enactment of this Act, publish a draft of the list required by paragraph (1).
Final list— The Secretaries shall, not later than 1 year after the date of enactment of this Act, publish a final list required by paragraph (1).
International assistance— The Secretaries shall, in consultation with the Secretary of State, provide assistance to foreign countries to end the trade of wildlife that poses a risk to humans because of transmission of pathogens that cause disease.
Inspections and interdiction— The Secretary of the Interior shall complete development on the electronic permitting system of the United States Fish and Wildlife Service and provide for law enforcement inspection and interdiction of any injurious wildlife species.
Authorization of appropriation— There is authorized to be appropriated $21,000,000 to remain available until expended for fiscal year 2020 to carry out this section.
Secretaries— In this section the term Secretaries means the Secretary of Commerce, acting through the Assistant Administrator for Fisheries, and the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service.
Sec. 190403 Trade of injurious species and species that pose a risk to human health
Section 42 of title 18, United States Code, is amended—
in subsection (a)—
in paragraph (1)—
by inserting “or any interstate transport between States within the continental United States,” after “shipment between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States,”; and
by striking “to be injurious to human beings, to the interests of agriculture” and inserting “to be injurious to or to transmit a pathogen that can cause disease in humans, to be injurious to the interests of agriculture”; and
by adding at the end the following:
“(6) In the case of an emergency posing a significant risk to the health of humans, the Secretary of the Interior may designate a species by interim final rule. At the time of publication of the regulation in the Federal Register, the Secretary shall publish therein detailed reasons why such regulation is necessary, and in the case that such regulation applies to a native species, the Secretary shall give actual notice of such regulation to the State agency in each State in which such species is believed to occur. Any regulation promulgated under the authority of this paragraph shall cease to have force and effect at the close of the 365-day period following the date of publication unless, during such 365-day period, the rulemaking procedures which would apply to such regulation without regard to this paragraph are complied with. If at any time after issuing an emergency regulation the Secretary determines, on the basis of the best appropriate data available to the Secretary, that substantial evidence does not exist to warrant such regulation, the Secretary shall withdraw it.
“(7) Not more than 90 days after receiving a petition of an interested person under section 553(e) of title 5, United States Code, to determine that a species is injurious under this section, the Secretary of the Interior shall determine whether such petition has scientific merit. If the Secretary determines a petition has scientific merit, such Secretary shall make a determination regarding such petition not more than 12 months after the date such Secretary received such petition.”
by amending subsection (b) to read as follows:
“(b) Any person who knowingly imports, ships, or transports any species in violation of subsection (a) of this section and who reasonably should have known that the species at issue in such violation is a species listed in subsection (a) of this section, or in any regulation issued pursuant thereto, shall be fined under this title or imprisoned not more than six months, or both.”
Sec. 190404 National Wildlife Health Center
Wildlife disease surveillance— The Director shall establish and maintain a national database of wildlife disease, including diseases that cause a human health risk, at the National Wildlife Health Center. The Director, acting through such Center, shall, with respect to wildlife disease—
develop, validate, and deploy diagnostic tests;
provide diagnostic services to Federal, State, and Tribal natural resource management agencies; and
provide confirmatory testing of diagnostic results.
Strategies for mitigation— The Director shall—
develop a framework for wildlife disease experts in the United States to conduct risk assessments of wildlife diseases;
communicate risk factors associated with wildlife diseases to the public;
develop strategies to mitigate the threat posed by wildlife disease; and
in coordination with the Director of the United States Fish and Wildlife Service—
monitor wildlife disease threats to evaluate the risk posed by and impact of such diseases on the United States, conduct research and development to create statistically supported sampling frameworks for broad-scale surveillance of wildlife disease threats;
conduct research on human dimensions of wildlife disease transmission and on effective outreach to stakeholders to help manage wildlife disease;
conduct statistical modeling to understand and predict wildlife disease movement; and
make recommendations to the Secretary of the Interior on wildlife species to be listed as injurious under section 42 of title 18, United States Code.
International surveillance— The Director, in coordination with the Administrator for the United States Agency for International Development, may strengthen global capacity for wildlife health monitoring to enhance early detection of diseases that have the capacity to jump the species barrier and pose a risk to the United States, including by providing funding for—
academic, governmental, and nongovernmental partner entities working to prevent wildlife disease outbreaks, emerging pathogens of wildlife origin, and epidemics or pandemics;
building wildlife disease diagnostic capacity and monitoring systems in countries with areas that pose a high risk for animal-to-human transmission of disease; and
providing technical assistance through training, data sharing, and performing testing in countries with areas that pose a high risk for animal-to-human transmission of disease.
Director— In this section, the term Director means the Director of the United States Geological Survey.
Wildlife disease— In this section, the term wildlife disease means a disease-causing agent in wildlife that potentially poses a threat to human health.
Sec. 190405 Surveillance by States, Tribes, Territories, and insular areas
The Director of the United States Fish and Wildlife Service, under the provisions of the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.) and the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.), shall distribute funding to the States, insular territories, the District of Columbia, and Indian Tribes through a onetime grant program to conduct epidemiological surveillance, research, management, and education relating to emerging wildlife disease. Funding shall be determined by the Director of the United States Fish and Wildlife Service based upon the existing and potential threats to human health posed by wildlife-borne disease. Not less than 5 percent shall be provided to Indian Tribes and no State shall receive more than 5 percent of the available funding. There is no non-Federal matching requirement for this onetime grant program. The Director of the United States Fish and Wildlife Service, in coordination with the Director of the United States Geological Survey, acting through the National Wildlife Health Center, shall coordinate such surveillance among the States, insular territories, the District of Columbia, and Indian Tribes.
V Pandemic Relief for Aviation Workers and Passengers
Sec. 190501 Pandemic relief for aviation workers
Applicability of assurance regarding furloughs— Section 4114(a)(1) of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136) is amended by striking “September 30, 2020” and inserting “September 30, 2020, or the date on which such financial assistance is fully exhausted by the air carrier or contractor, whichever date occurs later”.
Protection of collective bargaining agreement— Section 4115 of such Act is amended—
in subsection (a) by striking “(a) In General.—”; and
by striking subsection (b).
Sec. 190502 Transparency of financial assistance
Disclosure of financial assistance— Not later than 72 hours after issuance of financial assistance by the Secretary of the Treasury pursuant to section 4112(a) of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136), the Secretary shall publish on the website of the Department of the Treasury and shall submit to the congressional committees of jurisdiction—
a plain-language description of the financial assistance, including the date of application, date of application approval, and identity of the recipient of financial assistance;
the amount of the financial assistance; and
a copy of any contract or assurances, if applicable, and other relevant documentation regarding the financial assistance.
Trade secrets— Notwithstanding any other provision of law, the Secretary may redact, from a disclosure under subsection (a), any trade secret other than the amount of or conditions attached to the issuance of financial assistance.
Definitions— In this section:
Congressional committees of jurisdiction— The term congressional committees of jurisdiction means the Committee on Transportation and Infrastructure and the Committee on Financial Services of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Banking, Housing, and Urban Affairs of the Senate.
Trade Secret defined— The term trade secret means any financial or business information provided by the recipient of financial assistance under section 4112(a) of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136), if—
such recipient has taken reasonable measures to keep such information secret; and
the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, another person who can obtain economic value from the disclosure or use of the information.
Savings provision— Nothing in this section shall be construed as eliminating or abridging any reporting requirement under the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136).
Sec. 190503 Air carrier maintenance outsourcing
In general— A passenger air carrier receiving a loan, loan guarantee, or other investment under section 4003 of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136) may not apply the proceeds of such assistance toward a contract for heavy maintenance work at a facility located outside of the United States if such contract would increase the ratio of maintenance work performed outside of the United States to all maintenance work performed by or on behalf of such air carrier at all locations.
Definition of heavy maintenance work— In this section, the term heavy maintenance work has the meaning given the term in section 44733(g) of title 49, United States Code.
Sec. 190504 National aviation preparedness plan
In general— The Secretary of Transportation, in coordination with the Secretary of Health and Human Services, the Secretary of Homeland Security, and the heads of such other Federal departments or agencies as the Secretary considers appropriate, shall develop a national aviation preparedness plan for communicable disease outbreaks.
Contents of plan— A plan developed under subsection (a) shall, at a minimum—
provide airports and air carriers with an adaptable and scalable framework with which to align the individual plans of such airports and air carriers and provide appropriate guidance as to each individual plan;
improve coordination among airports, air carriers, U.S. Customs and Border Protection, the Centers for Disease Control and Prevention, other appropriate Federal entities, and State and local governments or health agencies on developing policies that increase the effectiveness of screening, quarantining, and contact-tracing with respect to inbound international passengers;
ensure that at-risk employees are equipped with appropriate personal protective equipment to reduce the likelihood of exposure to pathogens in the event of a pandemic;
ensure aircraft and enclosed facilities owned, operated, or used by an air carrier or airport are cleaned, disinfected, and sanitized frequently in accordance with Centers for Disease Control and Prevention guidance; and
incorporate all elements referenced in the recommendation of the Comptroller General of the United States to the Secretary of Transportation contained in the report titled “Air Travel and Communicable Diseases: Comprehensive Federal Plan Needed for U.S. Aviation System’s Preparedness” issued in December 2015 (GAO–16–127).
Consultation— When developing a plan under subsection (a), the Secretary of Transportation shall consult with aviation industry and labor stakeholders, including representatives of—
air carriers;
small, medium, and large hub airports;
labor organizations that represent airline pilots, flight attendants, air carrier airport customer service representatives, and air carrier maintenance, repair, and overhaul workers;
the labor organization certified under section 7111 of title 5, United States Code, as the exclusive bargaining representative of air traffic controllers of the Federal Aviation Administration;
the labor organization certified under such section as the exclusive bargaining representative of airway transportation systems specialists and aviation safety inspectors of the Federal Aviation Administration; and
such other stakeholders as the Secretary considers appropriate.
Report— Not later than 30 days after the plan is developed under subsection (a), the Secretary shall submit to the appropriate committees of Congress such plan.
Definition of at-risk employees— In this section, the term at-risk employees means—
individuals whose job duties require interaction with air carrier passengers on a regular and continuing basis that are employees of—
air carriers;
air carrier contractors;
airports; and
Federal departments or agencies; and
air traffic controllers and systems safety specialists of the Federal Aviation Administration.
Sec. 190505 Working and travel conditions
For the duration of the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) related to the pandemic of SARS–CoV–2 or coronavirus disease 2019 (COVID–19), an air carrier operating under part 121 of title 14, Code of Federal Regulations, shall—
require each passenger and cabin crewmember to wear a mask or protective face covering while on board an aircraft of the air carrier;
require each flight crewmember to wear a mask or protective face covering while on board an aircraft but outside the flight deck;
submit to the Administrator of the Federal Aviation Administration a proposal to permit flight crew members of the air carrier to wear a mask or protective face covering while at their stations in the flight deck, including a safety risk assessment with respect to such proposal;
provide flight and cabin crewmembers, airport customer service agents, and other employees whose job responsibilities involve interaction with passengers with masks or protective face coverings, gloves, and hand sanitizer and wipes with sufficient alcohol content;
ensure aircraft, including the cockpit and cabin, operated by such carrier are cleaned, disinfected, and sanitized after each use in accordance with Centers for Disease Control and Prevention guidance;
ensure enclosed facilities owned, operated, or used by such air carrier, including facilities used for flight or cabin crewmember training or performance of indoor maintenance, repair, or overhaul work, are cleaned, disinfected, and sanitized frequently in accordance with Centers for Disease Control and Prevention guidance;
provide air carrier employees whose job responsibilities involve cleaning, disinfecting, and sanitizing aircraft or enclosed facilities described in paragraphs (5) and (6) with masks or protective face coverings and gloves, and ensure that each contractor of the air carrier provides employees of such contractor with such materials; and
establish guidelines, or adhere to applicable guidelines, for notifying employees of a confirmed COVID–19 diagnosis of an employee of such air carrier and for identifying other air carrier employees whom such employee contacted in the 48-hour period before the employee developed symptoms.
Sec. 190506 Protection of certain Federal Aviation Administration employees
In general— For the duration of the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) related to the pandemic of SARS–CoV–2 or coronavirus disease 2019 (COVID–19), in order to maintain the safe and efficient operation of the air traffic control system, the Administrator of the Federal Aviation Administration shall—
provide air traffic controllers and airway transportation systems specialists of the Administration with masks or protective face coverings, gloves, and hand sanitizer and wipes with sufficient alcohol content;
ensure air traffic control facilities are cleaned, disinfected, and sanitized frequently in accordance with Centers for Disease Control and Prevention guidance; and
provide employees of the Administration whose job responsibilities involve cleaning, disinfecting, and sanitizing facilities described in paragraph (2) with masks or protective face coverings and gloves, and ensure that each contractor of the Administration provides employees of such contractor with such materials.
Source of equipment— The items described in subsection (a)(1) may be procured or provided under such subsection through any sources available to the Administrator.
VI Amtrak and Rail Workers
Sec. 190601 Amtrak COVID–19 requirements
In general— For the duration of the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) related to the pandemic of SARS–CoV–2 or coronavirus disease (COVID–19), Amtrak shall—
require each passenger and employee of Amtrak, including engineers, conductors, and onboard service workers, to wear a mask or other protective face covering while onboard an Amtrak train;
take such actions as are reasonable to ensure passenger compliance with the requirement under paragraph (1);
provide masks or protective face coverings, gloves, and hand sanitizer and sanitizing wipes with sufficient alcohol content to—
conductors, engineers, and onboard service workers;
ticket agents, station agents, and red cap agents; and
any other employees whose job responsibilities include interaction with passengers;
ensure Amtrak trains, including the locomotive cab and passenger cars, are cleaned, disinfected, and sanitized frequently in accordance with guidance issued by the Centers for Disease Control and Prevention and ensure that employees whose job responsibilities include such cleaning, disinfecting, or sanitizing are provided masks or protective face coverings and gloves;
ensure stations and enclosed facilities that Amtrak owns and operates including facilities used for training or the performance of indoor maintenance, repair, or overhaul work, are cleaned, disinfected, and sanitized frequently in accordance with guidance issued by the Centers for Disease Control and Prevention and ensure that employees whose job responsibilities include such cleaning, disinfecting, or sanitizing are provided masks or protective face coverings and gloves;
take such actions as are reasonable to ensure that stations or facilities served or used by Amtrak that Amtrak does not own are cleaned, disinfected, and sanitized frequently in accordance with Centers for Disease Control and Prevention guidance;
ensure that each contractor of Amtrak provides masks or protective face coverings and gloves to employees of such contractor whose job responsibilities include those described in paragraphs (4) and (5); and
establish guidelines, or adhere to existing applicable guidelines, for notifying employees of a confirmed diagnosis of COVID–19 of an employee of Amtrak.
Availability— If Amtrak is unable to acquire any of the items necessary to comply with paragraphs (3), (4), and (5) of subsection (a) due to market unavailability, Amtrak shall—
prepare and make public documentation demonstrating what actions have been taken to acquire such items; and
continue efforts to acquire such items until such items become available.
Sec. 190602 Additional enhanced benefits under the Railroad Unemployment Insurance Act
In general— Section 2(a)(5)(A) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(a)(5)(A) is amended—
by striking “July 31, 2020” and inserting “January 31, 2021, and for any registration periods during a period of continuing unemployment which began on or before January 31, 2021”; and
by adding at the end “No recovery benefit under this section shall be payable for any registration period beginning on or after April 1, 2021. For registration periods beginning on or after August 1, 2020, but before February 1, 2021, a recovery benefit under this section shall only be payable to a qualified employee with respect to any registration period in which the employee received normal unemployment benefits as defined in paragraph (c)(1) or up to the 65th day of extended benefits as defined in paragraph (c)(2), but shall not be payable to a qualified employee who did not receive unemployment benefits or who received benefits for the 66th or greater day of extended benefits for such registration period. For registration periods beginning on or after February 1, 2021, a recovery benefit under this section shall only be payable to a qualified employee with respect to any registration period in which the employee received normal unemployment benefits as defined in paragraph (c)(1), but shall not be payable to a qualified employee who did not receive unemployment benefits or who received extended benefits as defined in paragraph (c)(2) for such registration period.”.
Additional appropriations— Section 2(a)(5)(B) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(a)(5)(B) is amended by adding at the end the following:
Disregard of Recovery Benefits for Purposes of All Federal and Federally Assisted Programs— Section 2(a)(5) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(a)(5)) is amended by adding at the end the following:
“(C) A recovery benefit payable under subparagraph (A) shall not be regarded as income and shall not be regarded as a resource for the month of receipt and the following 9 months, for purposes of determining the eligibility of the recipient (or the recipient’s spouse or family) for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or in part with Federal funds.”
Clarification on authority to use funds— Funds appropriated under either the first or second sentence of subparagraph (B) of section 2(a)(5) of the Railroad Unemployment Insurance Act shall be available to cover the cost of recovery benefits provided under such section 2(a)(5) by reason of the amendments made by subsection (a) as well as to cover the cost of such benefits provided under such section 2(a)(5) as in effect on the day before the date of enactment of this Act.
Sec. 190603 Treatment of payments from the Railroad Unemployment Insurance Account
In general— Section 256(i)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 906(i)(1)) is amended—
in subparagraph (B), by striking “and” at the end;
in subparagraph (C), by inserting “and” at the end; and
by inserting after subparagraph (C) the following new subparagraph:
“(D) any payment made from the Railroad Unemployment Insurance Account (established by section 10 of the Railroad Unemployment Insurance Act) for the purpose of carrying out the Railroad Unemployment Insurance Act, and funds appropriated or transferred to or otherwise deposited in such Account,”
Effective date— The treatment of payments made from the Railroad Unemployment Insurance Account pursuant to the amendment made by subsection (a) shall take effect 7 days after the date of enactment of this Act and shall apply only to obligations incurred on or after such effective date for such payments.
Sec. 190604 Technical correction for extended unemployment benefits under the Railroad Unemployment Insurance Act
Section 2(c)(2)(D)(iii) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(c)(2)(D)(iii)) is amended by striking “July 1, 2019” and inserting “July 15, 2019”.
Sec. 190605 Technical correction
Section 22002 of Public Law 116–136 is amended by striking “Railway Retirement Act of 1974” and inserting “Railroad Retirement Act of 1974”.
Sec. 190606 Clarification of oversight and implementation of Relief for Workers Affected by Coronavirus Act
Audits, investigations, and oversight— Notwithstanding section 2115 of the Relief for Workers Affected by Coronavirus Act (subtitle A of title II of division A of Public Law 116–136), the authority of the Inspector General of the Department of Labor to carry out audits, investigations, and other oversight activities that are related to the provisions of such Act shall not extend to any activities related to sections 2112, 2113, or 2114 of such Act. Such authority with respect to such sections shall belong to the Inspector General of the Railroad Retirement Board.
Operating instructions or other guidance— Notwithstanding section 2116(b) of the Relief for Workers Affected by Coronavirus Act (subtitle A of title II of division A of Public Law 116–136), the authority of the Secretary of Labor to issue any operating instructions or other guidance necessary to carry out the provisions of such Act shall not extend to any activities related to sections 2112, 2113, or 2114 of such Act. Such authority with respect to such sections shall belong to the Railroad Retirement Board.
Sec. 190607 Extension of extended unemployment benefits under the Railroad Unemployment Insurance Act
In general— Section 2(c)(2)(D)(iii) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(c)(2)(D)(iii) is amended—
by striking “June 30, 2020” and inserting “June 30, 2021”; and
by striking “no extended benefit period under this paragraph shall begin after December 31, 2020” and inserting “the provisions of clauses (i) and (ii) shall not apply to any employee whose extended benefit period under subparagraph (B) begins on or after February 1, 2021, and shall not apply to any employee with respect to any registration period beginning on or after April 1, 2021”.
Clarification on authority to use funds— Funds appropriated under either the first or second sentence of clause (iv) of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act shall be available to cover the cost of additional extended unemployment benefits provided under such section 2(c)(2)(D) by reason of the amendments made by subsection (a) as well as to cover the cost of such benefits provided under such section 2(c)(2)(D) as in effect on the day before the date of enactment of this Act.
Sec. 190608 Extension of waiver of the 7-day waiting period for benefits under the Railroad Unemployment Insurance Act
In general— Section 2112(a) of the Relief for Workers Affected by Coronavirus Act (subtitle A of title II of division A of Public Law 116–136), is amended by striking “December 31, 2020” and inserting “January 31, 2021”.
Operating instructions and regulations— The Railroad Retirement Board may prescribe any operating instructions or regulations necessary to carry out this section.
VII Energy and Environment Provisions
Sec. 190701 Home energy and water service continuity
Any entity receiving financial assistance pursuant to any division of this Act shall, to the maximum extent practicable, establish or maintain in effect policies to ensure that no home energy service or public water system service to a residential customer, which is provided or regulated by such entity, is or remains disconnected or interrupted during the emergency period described in section 1135(g)(1)(B) of the Social Security Act because of nonpayment, and all reconnections of such public water system service are conducted in a manner that minimizes risk to the health of individuals receiving such service. For purposes of this section, the term home energy service means a service to provide home energy, as such term is defined in section 2603 of the Low-Income Home Energy Assistance Act of 1981, or service provided by an electric utility, as such term is defined in section 3 of the Public Utility Regulatory Policies Act of 1978, and the term public water system has the meaning given that term in section 1401 of the Safe Drinking Water Act. Nothing in this section shall be construed to require forgiveness of any debt incurred or owed to an entity or to absolve an individual of any obligation to an entity for service, nor to preempt any State or local law or regulation governing entities that provide such services to residential customers.
Sec. 190702 Environmental justice grant programs
Environmental Justice grants— The Administrator of the Environmental Protection Agency shall continue to carry out—
the Environmental Justice Small Grants Program and the Environmental Justice Collaborative Problem-Solving Cooperative Agreement Program, as those programs are in existence on the date of enactment of this Act; and
the Community Action for a Renewed Environment grant programs I and II, as in existence on January 1, 2012.
Use of funds for grants in response to COVID–19 pandemic— With respect to amounts appropriated by division A of this Act that are available to carry out the programs described in subsection (a), the Administrator of the Environmental Protection Agency may only award grants under such programs for projects that will investigate or address the disproportionate impacts of the COVID–19 pandemic in environmental justice communities.
Authorization of appropriations— There is authorized to be appropriated to carry out the programs described in subsection (a) $50,000,000 for fiscal year 2020, and such sums as may be necessary for each fiscal year thereafter.
Distribution— Not later than 30 days after amounts are made available pursuant to subsection (c), the Administrator of the Environmental Protection Agency shall make awards of grants under each of the programs described in subsection (a).
Sec. 190703 Low-income household drinking water and wastewater assistance
Authorization of appropriations— There is authorized to be appropriated $1,500,000,000 to the Secretary to carry out this section.
Low-income household drinking water and wastewater assistance— The Secretary shall make grants to States and Indian Tribes to assist low-income households, particularly those with the lowest incomes, that pay a high proportion of household income for drinking water and wastewater services, by providing funds to owners or operators of public water systems or treatment works to reduce rates charged to such households for such services.
Nonduplication of effort— In carrying out this section, the Secretary, States, and Indian Tribes, as applicable, shall, as appropriate and to the extent practicable, use existing processes, procedures, policies, and systems in place to provide assistance to low-income households, including by using existing application and approval processes.
Allotment—
In general— Except as provided in paragraph (2), the Secretary shall allot amounts appropriated pursuant to this section to a State or Indian Tribe based on the following:
The percentage of households in the State, or under the jurisdiction of the Indian Tribe, with income equal to or less than 150 percent of the Federal poverty line.
The percentage of such households in the State, or under the jurisdiction of the Indian Tribe, that spend more than 30 percent of monthly income on housing.
The extent to which the State or Indian Tribe has been affected by the public health emergency, including the rate of transmission of COVID–19 in the State or area over which the Indian Tribe has jurisdiction, the number of COVID–19 cases compared to the national average, and economic disruptions resulting from the public health emergency.
Reserved funds— The Secretary shall reserve not more than 10 percent of the amounts appropriated pursuant to this section for allotment to States and Indian Tribes based on the economic disruptions to the States and Indian Tribes resulting from the emergency described in the emergency declaration issued by the President on March 13, 2020, pursuant to section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)), during the period covered by such emergency declaration and any subsequent major disaster declaration under section 401 of such Act (42 U.S.C. 5170) that supersedes such emergency declaration.
Determination of low-income households—
Minimum definition of low-income— In determining whether a household is considered low-income for the purposes of this section, a State or Indian Tribe—
shall ensure that, at a minimum—
all households with income equal to or less than 150 percent of the Federal poverty line are included as low-income households; and
all households with income equal to or less than 60 percent of the State median income are included as low-income households;
may include households that have been adversely economically affected by job loss or severe income loss related to the public health emergency; and
may include other households, including households in which 1 or more individuals are receiving—
assistance under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.);
supplemental security income payments under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.);
supplemental nutrition assistance program benefits under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); or
payments under section 1315, 1521, 1541, or 1542 of title 38, United States Code, or under section 306 of the Veterans’ and Survivors’ Pension Improvement Act of 1978.
Household documentation requirements— States and Indian Tribes shall—
to the maximum extent practicable, seek to limit the income history documentation requirements for determining whether a household is considered low-income for the purposes of this section; and
for the purposes of income eligibility, accept proof of job loss or severe income loss dated after February 29, 2020, such as a layoff or furlough notice or verification of application of unemployment benefits, as sufficient to demonstrate lack of income for an individual or household.
Applications— Each State or Indian Tribe desiring to receive a grant under this section shall submit an application to the Secretary, in such form as the Secretary shall require.
Utility responsibilities— Owners or operators of public water systems or treatment works receiving funds pursuant to this section for the purposes of reducing rates charged to low-income households for service shall—
conduct outreach activities designed to ensure that such households are made aware of the rate assistance available pursuant to this section;
charge such households, in the normal billing process, not more than the difference between the actual cost of the service provided and the amount of the payment made by the State or Indian Tribe pursuant to this section; and
within 45 days of providing assistance to a household pursuant to this section, notify in writing such household of the amount of such assistance.
State agreements with drinking water and wastewater providers— To the maximum extent practicable, a State that receives a grant under this section shall enter into agreements with owners and operators of public water systems, owners and operators of treatment works, municipalities, nonprofit organizations associated with providing drinking water, wastewater, and other social services to rural and small communities, and Indian Tribes, to assist in identifying low-income households and to carry out this section.
Administrative costs— A State or Indian Tribe that receives a grant under this section may use up to 8 percent of the granted amounts for administrative costs.
Federal agency coordination— In carrying out this section, the Secretary shall coordinate with the Administrator of the Environmental Protection Agency and consult with other Federal agencies with authority over the provision of drinking water and wastewater services.
Audits— The Secretary shall require each State and Indian Tribe receiving a grant under this section to undertake periodic audits and evaluations of expenditures made by such State or Indian Tribe pursuant to this section.
Reports to Congress— The Secretary shall submit to Congress a report on the results of activities carried out pursuant to this section—
not later than 1 year after the date of enactment of this section; and
upon disbursement of all funds appropriated pursuant to this section.
Definitions— In this section:
Indian tribe— The term Indian Tribe means any Indian Tribe, band, group, or community recognized by the Secretary of the Interior and exercising governmental authority over a Federal Indian reservation.
Municipality— The term municipality has the meaning given such term in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362).
Public health emergency— The term public health emergency means the public health emergency described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5).
Public water system— The term public water system has the meaning given such term in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f).
Secretary— The term Secretary means the Secretary of Health and Human Services.
State— The term State means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
Treatment works— The term treatment works has the meaning given that term in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292).
Sec. 190704 Home water service continuity
Continuity of service— Any entity receiving financial assistance under division A of this Act shall, to the maximum extent practicable, establish or maintain in effect policies to ensure that, with respect to any service provided by a public water system or treatment works to an occupied residence, which service is provided or regulated by such entity—
no such service is or remains disconnected or interrupted during the emergency period because of nonpayment;
all reconnections of such service are conducted in a manner that minimizes risk to the health of individuals receiving such service; and
no fees for late payment of bills for such service are charged or accrue during the emergency period.
Effect— Nothing in this section shall be construed to require forgiveness of outstanding debt owed to an entity or to absolve an individual of any obligation to an entity for service.
Definitions— In this section:
Emergency period— The term emergency period means the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5).
Public water system— The term public water system has the meaning given such term in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f).
Treatment works— The term treatment works has the meaning given that term in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292).
VIII Death and disability benefits for public safety officers impacted by COVID–19
Sec. 190801 Short title
This title may be cited as the “Public Safety Officer Pandemic Response Act of 2020”.
Sec. 190802 Death and disability benefits for public safety officers impacted by COVID–19
Section 1201 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281) is amended by adding at the end the following new subsection:
“(o) For purposes of this part:
“(1) COVID–19 shall be presumed to constitute a personal injury within the meaning of subsection (a), sustained in the line of duty by a public safety officer and directly and proximately resulting in death, unless such officer is shown to have performed no line of duty activity or action within the 45 days immediately preceding a diagnosis of, or positive test for COVID–19.
“(2) The Attorney General shall accept claims, including supplemental claims, under this section from an individual who—
“(A) was serving as a public safety officer and was injured or disabled in the line of duty as a result of the terrorist attacks on the United States that occurred on September 11, 2001, or in the aftermath of such attacks developed a condition described in section 3312(a) of the Public Health Service Act (42 U.S.C. 300mm–22(a)); and
“(B) was diagnosed with COVID–19 during the period described in paragraph (3), which, in combination with the injury or disability described in subparagraph (A), permanently and totally disabled or directly and proximately resulted in the death of the individual.
“(3) The presumption described in paragraph (1) shall apply with respect to a diagnosis of COVID–19 beginning on January 20, 2020, and ending on the date that is one year after the emergency period (as such term is defined in section 1135(g) of the Social Security Act (42 U.S.C. 1320b–5(g))) based on the COVID–19 public health emergency ends.
“(4) The term COVID–19 means a disease caused by severe acute respiratory syndrome coronavirus 2 (SARS–CoV–2).
“(p) In determining whether the personal injury resulting from COVID–19 was a catastrophic injury, the Attorney General’s inquiry shall be limited to whether the individual is permanently prevented from performing any gainful work as a public safety officer.”
IX Victims of Crime Act Amendments
Sec. 190901 Short title
This title may be cited as the “Victims of Crime Act Fix Act of 2020”.
Sec. 190902 Deposits of funding into the crime victims fund
Section 1402(b) of the Victims of Crime Act of 1984 (34 U.S.C. 20101(b)) is amended—
in paragraph (4), by striking “and” at the end;
in paragraph (5), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(6) any funds that would otherwise be deposited in the general fund of the Treasury collected as pursuant to—
“(A) a deferred prosecution agreement; or
“(B) a non-prosecution agreement.”
Sec. 190903 Waiver of matching requirement
In general— Notwithstanding any other provision of VOCA, during the COVID–19 emergency period and for the period ending one year after the date on which such period expires or is terminated, the Attorney General, acting through the Director of the Office for Victims of Crime, may not impose any matching requirement as a condition of receipt of funds under any program to provide assistance to victims of crimes authorized under the Victims of Crime Act of 1984 (34 U.S.C. 20101 et seq.).
Definition— In this section, the term COVID–19 emergency period means the period beginning on the date on which the President declared a national emergency under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID–19) and ending on the date that is 30 days after the date on which the national emergency declaration is terminated.
Application— This section shall apply with respect to—
applications submitted during the period described under subsection (a), including applications for which funds will be distributed after such period; and
distributions of funds made during the period described under subsection (a), including distributions made pursuant to applications submitted before such period.
X Jabara-Heyer NO HATE Act
Sec. 191001 Short title
This title may be cited as the “Jabara-Heyer National Opposition to Hate, Assault, and Threats to Equality Act of 2020” or the “Jabara-Heyer NO HATE Act”.
Sec. 191002 Findings
Congress finds the following:
The incidence of violence known as hate crimes or crimes motivated by bias poses a serious national problem.
According to data obtained by the Federal Bureau of Investigation, the incidence of such violence increased in 2017, the most recent year for which data is available.
In 1990, Congress enacted the Hate Crime Statistics Act (Public Law 101–275; 28 U.S.C. 534 note) to provide the Federal Government, law enforcement agencies, and the public with data regarding the incidence of hate crime. The Hate Crimes Statistics Act and the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (division E of Public Law 111–84; 123 Stat. 2835) have enabled Federal authorities to understand and, where appropriate, investigate and prosecute hate crimes.
A more complete understanding of the national problem posed by hate crime is in the public interest and supports the Federal interest in eradicating bias-motivated violence referenced in section 249(b)(1)(C) of title 18, United States Code.
However, a complete understanding of the national problem posed by hate crimes is hindered by incomplete data from Federal, State, and local jurisdictions through the Uniform Crime Reports program authorized under section 534 of title 28, United States Code, and administered by the Federal Bureau of Investigation.
Multiple factors contribute to the provision of inaccurate and incomplete data regarding the incidence of hate crime through the Uniform Crime Reports program. A significant contributing factor is the quality and quantity of training that State and local law enforcement agencies receive on the identification and reporting of suspected bias-motivated crimes.
The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal financial assistance to States and local jurisdictions.
Federal financial assistance with regard to certain violent crimes motivated by bias enables Federal, State, and local authorities to work together as partners in the investigation and prosecution of such crimes.
Sec. 191003 Definitions
In this title:
Hate crime— The term hate crime means an act described in section 245, 247, or 249 of title 18, United States Code, or in section 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631).
Priority agency— The term priority agency means—
a law enforcement agency of a unit of local government that serves a population of not less than 100,000, as computed by the Federal Bureau of Investigation; or
a law enforcement agency of a unit of local government that—
serves a population of not less than 50,000 and less than 100,000, as computed by the Federal Bureau of Investigation; and
has reported no hate crimes through the Uniform Crime Reports program in each of the 3 most recent calendar years for which such data is available.
State— The term State has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251).
Uniform Crime Reports— The term Uniform Crime Reports means the reports authorized under section 534 of title 28, United States Code, and administered by the Federal Bureau of Investigation that compile nationwide criminal statistics for use—
in law enforcement administration, operation, and management; and
to assess the nature and type of crime in the United States.
Unit of local government— The term unit of local government has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251).
Sec. 191004 Reporting of hate crimes
Implementation grants—
In general— The Attorney General may make grants to States and units of local government to assist the State or unit of local government in implementing the National Incident-Based Reporting System, including to train employees in identifying and classifying hate crimes in the National Incident-Based Reporting System.
Priority— In making grants under paragraph (1), the Attorney General shall give priority to States and units of local government with larger populations.
Reporting—
Compliance—
In general— Except as provided in subparagraph (B), in each fiscal year beginning after the date that is 3 years after the date on which a State or unit of local government first receives a grant under subsection (a), the State or unit of local government shall provide to the Attorney General, through the Uniform Crime Reporting system, information pertaining to hate crimes committed in that jurisdiction during the preceding fiscal year.
Extensions; waiver— The Attorney General—
may provide a 120-day extension to a State or unit of local government that is making good faith efforts to comply with subparagraph (A); and
shall waive the requirements of subparagraph (A) if compliance with that subparagraph by a State or unit of local government would be unconstitutional under the constitution of the State or of the State in which the unit of local government is located, respectively.
Failure to comply— If a State or unit of local government that receives a grant under subsection (a) fails to substantially comply with paragraph (1) of this subsection, the State or unit of local government shall repay the grant in full, plus reasonable interest and penalty charges allowable by law or established by the Attorney General.
Sec. 191005 Grants for State-run hate crime hotlines
Grants authorized—
In general— The Attorney General shall make grants to States to create State-run hate crime reporting hotlines.
Grant period— A grant made under paragraph (1) shall be for a period of not more than 5 years.
Hotline requirements— A State shall ensure, with respect to a hotline funded by a grant under subsection (a), that—
the hotline directs individuals to—
law enforcement if appropriate; and
local support services;
any personally identifiable information that an individual provides to an agency of the State through the hotline is not directly or indirectly disclosed, without the consent of the individual, to—
any other agency of that State;
any other State;
the Federal Government; or
any other person or entity;
the staff members who operate the hotline are trained to be knowledgeable about—
applicable Federal, State, and local hate crime laws; and
local law enforcement resources and applicable local support services; and
the hotline is accessible to—
individuals with limited English proficiency, where appropriate; and
individuals with disabilities.
Best practices— The Attorney General shall issue guidance to States on best practices for implementing the requirements of subsection (b).
Sec. 191006 Information collection by States and units of local government
Definitions— In this section:
Applicable agency— The term applicable agency, with respect to an eligible entity that is—
a State, means—
a law enforcement agency of the State; and
a law enforcement agency of a unit of local government within the State that—
is a priority agency; and
receives a subgrant from the State under this section; and
a unit of local government, means a law enforcement agency of the unit of local government that is a priority agency.
Covered agency— The term covered agency means—
a State law enforcement agency; or
a priority agency.
Eligible entity— The term eligible entity means—
a State; or
a unit of local government that has a priority agency.
Grants—
In general— The Attorney General may make grants to eligible entities to assist covered agencies within the jurisdiction of the eligible entity in conducting law enforcement activities or crime reduction programs to prevent, address, or otherwise respond to hate crime, particularly as those activities or programs relate to reporting hate crimes through the Uniform Crime Reports program, including—
adopting a policy on identifying, investigating, and reporting hate crimes;
developing a standardized system of collecting, analyzing, and reporting the incidence of hate crime;
establishing a unit specialized in identifying, investigating, and reporting hate crimes;
engaging in community relations functions related to hate crime prevention and education such as—
establishing a liaison with formal community-based organizations or leaders; and
conducting public meetings or educational forums on the impact of hate crimes, services available to hate crime victims, and the relevant Federal, State, and local laws pertaining to hate crimes; and
providing hate crime trainings for agency personnel.
Subgrants— A State that receives a grant under paragraph (1) may award a subgrant to a priority agency of a unit of local government within the State for the purposes under that paragraph.
Information required of States and units of local government—
In general— For each fiscal year in which an eligible entity receives a grant under subsection (b), the eligible entity shall—
collect information from each applicable agency summarizing the law enforcement activities or crime reduction programs conducted by the agency to prevent, address, or otherwise respond to hate crime, particularly as those activities or programs relate to reporting hate crimes through the Uniform Crime Reports program; and
submit to the Attorney General a report containing the information collected under subparagraph (A).
Semiannual law enforcement agency report—
In general— In collecting the information required under paragraph (1)(A), an eligible entity shall require each applicable agency to submit a semiannual report to the eligible entity that includes a summary of the law enforcement activities or crime reduction programs conducted by the agency during the reporting period to prevent, address, or otherwise respond to hate crime, particularly as those activities or programs relate to reporting hate crimes through the Uniform Crime Reports program.
Contents— In a report submitted under subparagraph (A), a law enforcement agency shall, at a minimum, disclose—
whether the agency has adopted a policy on identifying, investigating, and reporting hate crimes;
whether the agency has developed a standardized system of collecting, analyzing, and reporting the incidence of hate crime;
whether the agency has established a unit specialized in identifying, investigating, and reporting hate crimes;
whether the agency engages in community relations functions related to hate crime, such as—
establishing a liaison with formal community-based organizations or leaders; and
conducting public meetings or educational forums on the impact of hate crime, services available to hate crime victims, and the relevant Federal, State, and local laws pertaining to hate crime; and
the number of hate crime trainings for agency personnel, including the duration of the trainings, conducted by the agency during the reporting period.
Compliance and redirection of funds—
In general— Except as provided in paragraph (2), beginning not later than 1 year after the date of enactment of this title, an eligible entity receiving a grant under subsection (b) shall comply with subsection (c).
Extensions; waiver— The Attorney General—
may provide a 120-day extension to an eligible entity that is making good faith efforts to collect the information required under subsection (c); and
shall waive the requirements of subsection (c) for a State or unit of local government if compliance with that subsection by the State or unit of local government would be unconstitutional under the constitution of the State or of the State in which the unit of local government is located, respectively.
Sec. 191007 Requirements of the Attorney General
Information collection and analysis; report— In order to improve the accuracy of data regarding the incidence of hate crime provided through the Uniform Crime Reports program, and promote a more complete understanding of the national problem posed by hate crime, the Attorney General shall—
collect and analyze the information provided by States and units of local government under section 191006 for the purpose of developing policies related to the provision of accurate data obtained under the Hate Crime Statistics Act (Public Law 101–275; 28 U.S.C. 534 note) by the Federal Bureau of Investigation; and
for each calendar year beginning after the date of enactment of this title, publish and submit to Congress a report based on the information collected and analyzed under paragraph (1).
Contents of report— A report submitted under subsection (a) shall include—
a qualitative analysis of the relationship between—
the number of hate crimes reported by State law enforcement agencies or priority agencies through the Uniform Crime Reports program; and
the nature and extent of law enforcement activities or crime reduction programs conducted by those agencies to prevent, address, or otherwise respond to hate crime; and
a quantitative analysis of the number of State law enforcement agencies and priority agencies that have—
adopted a policy on identifying, investigating, and reporting hate crimes;
developed a standardized system of collecting, analyzing, and reporting the incidence of hate crime;
established a unit specialized in identifying, investigating, and reporting hate crimes;
engaged in community relations functions related to hate crime, such as—
establishing a liaison with formal community-based organizations or leaders; and
conducting public meetings or educational forums on the impact of hate crime, services available to hate crime victims, and the relevant Federal, State, and local laws pertaining to hate crime; and
conducted hate crime trainings for agency personnel during the reporting period, including—
the total number of trainings conducted by each agency; and
the duration of the trainings described in clause (i).
Sec. 191008 Alternative sentencing
Section 249 of title 18, United States Code, is amended by adding at the end the following:
“(e) Supervised release—If a court includes, as a part of a sentence of imprisonment imposed for a violation of subsection (a), a requirement that the defendant be placed on a term of supervised release after imprisonment under section 3583, the court may order, as an explicit condition of supervised release, that the defendant undertake educational classes or community service directly related to the community harmed by the defendant's offense.”
XI Prisons and Jails
Sec. 191101 Short title
This title may be cited as the “Pandemic Justice Response Act”.
Sec. 191102 Emergency Community Supervision Act
Findings— Congress finds the following:
As of the date of introduction of this Act, the novel coronavirus has spread to all 50 States, the District of Columbia, and 3 territories.
The Centers for Disease Control and Prevention have projected that between 160,000,000 and 214,000,000 people could be infected by the novel coronavirus in the United States over the course of the pandemic.
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 prisoners and leads the world in the number of individuals incarcerated, with nearly 2,200,000 people incarcerated in State and Federal prisons and local jails.
Studies have shown that individuals age out of crime starting around 25 years of age, and released individuals over the age of 50 have a very low recidivism rate.
According to public health experts, incarcerated individuals are particularly vulnerable to being gravely impacted by the novel corona virus pandemic because—
they have higher rates of underlying health issues than members of the general public, including higher rates of respiratory disease, heart disease, diabetes, obesity, HIV/AIDS, substance abuse, hepatitis, and other conditions that suppress immune response; and
the close conditions and lack of access to hygiene products in prisons make these institutions unusually susceptible to viral pandemics.
The spread of communicable disease in the United States generally constitutes a serious, heightened 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.
Definitions— In this section:
Covered health condition— The term covered health condition with respect to an individual, means the individual—
is pregnant;
has chronic lung disease or asthma;
has congestive heart failure or coronary artery disease;
has diabetes;
has a neurological condition that weakens the ability to cough or breathe;
has HIV;
has sickle cell anemia;
has cancer; or
has a weakened immune system.
Covered individual— The term covered individual—
means an individual who—
is a juvenile (as defined in section 5031 of title 18, United States Code);
is 50 years of age or older;
has a covered health condition; or
is within 12 months of release from incarceration; and
includes an individual described in subparagraph (A) who is serving a term of imprisonment for an offense committed before November 1, 1987, or who is serving a term of imprisonment 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.
National emergency relating to a communicable disease— The term national emergency relating to a communicable disease means—
an emergency involving Federal primary responsibility determined to exist by the President under the section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) with respect to a communicable disease; or
a national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to a communicable disease.
Placement of certain individuals in community supervision—
Authority— Except as provided in paragraph (2), 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—
notwithstanding any other provision of law, the Director of the Bureau of Prisons shall place in community supervision all covered individuals who are in the custody of the Bureau of Prisons; and
the district court of the United States for each judicial district shall place in community supervision all covered individuals who are in the custody and care of the United States Marshals Service.
Exceptions—
Bureau of prisons— In carrying out paragraph (1)(A), the Director—
may not place in community supervision any individual determined, by clear and convincing evidence, to be likely to pose a specific and substantial risk of causing bodily injury to or using violent force against the person of another;
shall place in the file of each individual described in clause (i) documentation of such determination, including the evidence used to make the determination; and
not later than 180 days after the date on which the national emergency relating to a communicable disease expires, shall provide a report to Congress documenting—
the demographic data (including race, gender, age, offense of conviction, and criminal history level) of the individuals denied placement in community supervision under clause (i); and
the justification for the denials described in subclause (I).
District courts— In carrying out paragraph (1)(B), each district court of the United States—
shall conduct an immediate and expedited review of the detention orders of all covered individuals in the custody and care of the United States Marshals Service, which may be conducted sua sponte and ex parte, without—
appearance by the defendant or any party; or
requiring a petition, motion, or other similar document to be filed;
may not place in community supervision any individual if the court determines, after a hearing and the attorney for the Government shows by clear and convincing 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 mitigate that risk;
in carrying out clauses (i) and (ii), may—
rely on evidence presented in prior court proceedings; and
if the court determines it necessary, request additional information from the parties to make the determination.
Limitation on community supervision placement— In placing covered individuals into community supervision under this section, the Director 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 enable adequate social distancing, which include home confinement or other forms of low in-person-contact supervised release.
Limitation on pre-trial detention—
No bond conditions on release— Notwithstanding section 3142 of title 18, United States Code, 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, in imposing conditions of release, the judicial officer may not require payment of cash bail, proof of ability to pay an unsecured bond, execution of a bail bond, a solvent surety to co-sign a secured or unsecured bond, or posting of real property.
Limitation—
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 initial appearance hearing, detention hearing, hearing on a motion for pretrial release, or any other hearing where the attorney for the Government 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 attorney for the Government shows by clear and convincing 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 mitigate that risk.
Required consideration of certain 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—
whether the individual’s age or medical condition renders them especially vulnerable; and
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.
Juveniles—
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, 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 delinquency, the judicial officer shall release the juvenile to their parent, guardian, custodian, 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.
Exception— A juvenile alleged to have committed an act of juvenile delinquency 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 convincing 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 identifiable person and that no conditions of release will reasonably mitigate that risk, except that in no case may a judicial officer 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.
Least restrictive detention— 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.
Contents of detention order— In the case that the judicial officer orders the detention of a juvenile under clause (ii), the judicial officer shall issue a written detention order that includes—
findings of fact;
the reasons for the detention;
a description of the risk identified under clause (ii);
an explanation of why no conditions will reasonably mitigate the risk identified under clause (ii);
a statement that detention will not compromise the juvenile’s access to adequate medical treatment, access to medications, or ability to privately consult with counsel and meaningfully prepare a defense; and
a statement establishing that the detention environment is the least restrictive and safest possible in accordance with the requirement under clause (iii).
Limitation on supervised release— 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 Office of Probation and Pretrial Services of the Administrative Office of the United States Courts shall take measures to prevent the spread of the communicable disease among individuals under supervision by—
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;
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 supervision, as appropriate; and
suspending the request for detention and imprisonment as a sanction for violations of probation, supervised release, or parole.
Prohibition— No individual who is granted placement in community supervision, termination of supervision, 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 relating to a communicable disease.
Prohibition on Technical Violations and Certain Mandatory Revocations of Probation or Supervised Release—
Resentencing in cases of probation and supervised release—
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.
Resentencing— The court shall order the resentencing of a defendant described in subparagraph (A) as follows:
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 originally 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.
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 period 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.
Resentencing in cases of parole—
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 resentencing of a defendant who is serving a term of imprisonment resulting from a technical violation of the defendant’s parole.
Resentencing— The court shall resentence the defendant to parole, the duration of which shall be equal to the period of time remaining 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.
Hearing— The court may grant, but not deny, a motion without a hearing under this section.
No mandatory revocation—
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 revoke a defendant’s probation or supervised release 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.
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 supervised release for refusal to comply with drug testing.
Prompt determination— Any motion under this subsection shall be determined promptly.
Counsel— To effectuate the purposes of this subsection, counsel shall be appointed as early as possible to represent any indigent defendant.
Definitions— In this subsection, the term defendant includes individuals adjudicated delinquent under the Federal Juvenile Delinquency Act and applies to persons serving time in official detention for a revocation of juvenile probation or supervised release.
Sec. 191103 Court authority to reduce sentences and temporary release during COVID–19 emergency period
Court authority to reduce sentences—
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, reduce a term of imposed imprisonment on that individual, unless the government shows, by clear and convincing evidence, that the individual poses a risk of serious, imminent injury to a reasonably identifiable person.
Sentence reduction deemed authorized— Any sentence that is reduced under this subsection is deemed to be authorized under section 3582(c)(1)(B) of title 18, United States Code.
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.
Special rule— During the covered emergency period, a covered individual who is serving a term of imprisonment for an offense committed before 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 paragraph before the expiration or termination of the covered emergency period shall not disqualify such motion based solely on such expiration or termination.
Court authority to authorize temporary release of persons awaiting designation or transportation to a bureau of prisons facility— Notwithstanding sections 3582 and 3621 of title 18, United States Code, during the covered emergency period, the court, upon motion of an individual (including individuals adjudicated delinquent under the Federal Juvenile Delinquency Act) awaiting designation or transportation to a Bureau of Prisons or other facility for service of sentence 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 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 individual’s place of imprisonment or specifically with respect to the individual.
Hearing requirement— The court may grant, but not deny, a motion without a hearing under this section. Any motion under this section shall be determined promptly.
Effective representation during national emergency—
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 petitioning the court shall not apply, and the defendant may petition the court directly for relief.
Appointment of counsel— The court shall appoint counsel for indigent defendants or prisoners, 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.
Access to medical records—
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 promptly release all medical records in the possession of the Bureau of Prisons to a prisoner who requests them on their own behalf, or to the counsel of record for a prisoner upon submission 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 191102(b)) or a condition that would entitle them to relief under section 3582(c)(1)(A) of title 18, United States Code.
Individuals in the custody of the U.S. Marshals Service— In order to expedite 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 individual to the individual or the counsel of record of the individual, upon request of the individual or counsel.
Sec. 191104 Exemption from exhausting administrative remedies during covered emergency period
Section 7 of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e) is amended by adding at the end the following:
“(i) Covered emergency period
“(1) Relief without exhausting administrative remedies—Notwithstanding the other provisions of this section, during the covered emergency period, a prisoner may commence, without exhausting all administrative remedies, an action relating 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 impaired. If the court determines the prisoner is reasonably 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 prisoner who files an administrative claim or lawsuit during the covered emergency period or attempts to so file.
“(3) Definitions—For purposes of this subsection, 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 detention for elderly offenders
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”.
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 pursuant 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 offender—
is not less than 50 years of age;
has served 1/2 of the term of imprisonment reduced by any credit toward the service of the prisoner’s sentence awarded under section 3624(b) of title 18, United States Code; and
is otherwise described in such section 231(g)(5)(A).
Sec. 191106 Effective Assistance of Counsel in the Digital Era Act
Prohibition on monitoring— Not later than 180 days after the date of the enactment of this title, the 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 person sends or receives an electronic communication, to exclude from monitoring the contents of any privileged electronic communication. In the case that the Attorney General 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 system that exists on such date may continue to be used for any other electronic communication.
Retention of contents— A program or system or a modification to a program or system under subsection (a) may allow for retention by the Bureau of Prisons of, and access by an incarcerated person to, the contents of electronic communications, including the contents of privileged electronic communications, of the person until the date on which the person is released from prison.
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 through the program or system established or modified under subsection (a).
Accessing retained contents— Contents retained under subsection (b) may only be accessed by a person other than the incarcerated person for whom such contents are retained under the following circumstances:
Attorney general— The Attorney General may only access retained contents if necessary for the purpose of creating and maintaining the program or system, or any modification to the program or system, through which an incarcerated person sends or receives electronic communications. The Attorney General may not review retained contents that are accessed pursuant to this paragraph.
Investigative and law enforcement officers—
Warrant—
In general— Retained contents may only be accessed by an investigative or law enforcement officer pursuant to a warrant issued by a court pursuant to the procedures described in the Federal Rules of Criminal Procedure.
Approval— No application for a warrant may be made to a court without the express approval of a United States Attorney or an Assistant Attorney General.
Privileged information—
Review— Before retained contents may be accessed pursuant to a warrant obtained under subparagraph (A), such contents shall be reviewed by a United States Attorney to ensure that privileged electronic communications are not accessible.
Barring participation— A United States Attorney who reviews retained contents pursuant to clause (i) shall be barred from—
participating in a legal proceeding in which an individual who sent or received an electronic communication from which such contents are retained under subsection (b) is a defendant; or
sharing the retained contents with an attorney who is participating in such a legal proceeding.
Motion to suppress— In a case in which retained contents have been accessed in violation of this subsection, a court may suppress evidence obtained or derived from access to such contents upon motion of the defendant.
Definitions— In this section—
the term agent of an attorney or legal representative means any person employed by or contracting with an attorney or legal representative, including law clerks, interns, investigators, paraprofessionals, and administrative staff;
the term contents has the meaning given such term in 2510 of title 18, United States Code;
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;
the term monitoring means accessing the contents of an electronic communication at any time after such communication is sent;
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
the term privileged electronic communication means—
any electronic communication between an incarcerated person and a potential, current, or former attorney or legal representative of such a person; and
any electronic communication between an incarcerated person and the agent of an attorney or legal representative described in subparagraph (A).
Sec. 191107 COVID–19 Correctional Facility Emergency 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:
“OO Pandemic Correctional Facility Emergency Response
“3061. Findings; purposes
“(a) Immediate release of vulnerable and low-Risk individuals—The purpose of the grant program under section 3062 is to provide for the testing, initiation 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, and stopping the spread of COVID–19 in correctional facilities.
“(b) Pretrial citation and release
“(1) Findings—Congress finds as follows:
“(A) With the dramatic growth in pretrial detention resulting in county and city correctional 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 processed at local correctional facilities may only be held for hours or days, exposure to large number of individuals in holding cells and courtrooms 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 program under section 3065 is to substantially increase the use of risk-based citation release for all individuals who do not present a public safety risk.
“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 facilities, to establish and implement policies and procedures to prevent, detect, and stop the presence and spread of COVID–19 among arrestees, detainees, inmates, correctional 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 described 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, detainees, and inmates at a correctional facility does not exceed the number established under subsection (c).
“(2) Persons described—A person described in this paragraph is a person who—
“(A) does not pose a risk of serious, imminent injury to a reasonably identifiable person; or
“(B) is—
“(i) 50 years of age or older;
“(ii) a juvenile;
“(iii) an individual with serious chronic medical conditions, including heart disease, cancer, diabetes, HIV, sickle cell anemia, a neurological disease that interferes with the ability to cough or breathe, chronic lung disease, asthma, or respiratory illness;
“(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 applicant shall establish individualized, facility-specific target capacities at each correction facility that will receive funds under this section that reflect the maximum number of individuals who may be incarcerated safely in accordance with the Centers for Disease Control and Prevention guidelines for correctional facilities pertaining to COVID–19, with consideration given to Centers for Disease Control and Prevention guidelines pertaining to community-based physical distancing, hygiene, and sanitation. A correctional facility receiving funds under this section may not use isolation in a punitive or non-medical manner as a way of achieving specific target capacities 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 diseases 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;
“(C) visitors, including family members and attorneys;
“(D) court personnel that have regular contact with arrestees, detainees, and inmates;
“(E) law enforcement officers who transport arrestees, detainees, and inmates; and
“(F) personnel outside the correctional facility 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 section, 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 disorder in medication-assisted treatment and a referral to overdose prevention services, mental health services, or other medical services; and
“(F) facilitate family reunification or support 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.
“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 Prevention Act of 1974 (34 U.S.C. 11296(5)(A))), for the development of more effective education, training, research, prevention, diversion, treatment, and rehabilitation programs in the area of juvenile delinquency and programs to improve the juvenile justice system, consistent with subsection (b).
“(b) Use of grant funds—Grants under this section 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 members or legal guardians, and include policies and procedures for non-punitive quarantine that does not involve solitary confinement, and provide for examination by a doctor for any juvenile who tests positive for COVID–19;
“(2) examine all pre- and post-adjudication release processes and mechanisms applicable to juveniles and begin employing these as quickly as possible;
“(3) provide juveniles in out of home placements with continued access to appropriate education;
“(4) provide juveniles with access to legal counsel through confidential visits or teleconferencing;
“(5) provide staff and juveniles with appropriate personal protective equipment, hand washing 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 juvenile delinquency program proceedings (including court proceedings) and probation conditions so that in-person reporting requirements for juveniles are replaced with virtual or telephonic appearances without penalty;
“(8) expand opportunities for juveniles to participate in community based services and social services 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.
“(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.
“3064. Rapid COVID–19 testing
“(a) In general—The Attorney General shall make grants to grantees under section 3062 for the exclusive purpose of providing for rapid COVID–19 testing of arrestees, detainees, and inmates who are exiting the custody 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 authorized 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.
“(3) Contracting with medical providers to administer 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.
“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 described 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 programs that provide for the following:
“(1) Adopting and operating a cite-and-release process for individuals who are suspected of committing misdemeanor and felony offenses and who do not pose a risk of serious, imminent injury to a reasonably identifiable person.
“(2) Curtailing booking and in-facility processing for individuals who have committed technical parole or probation violations.
“(3) Ensuring that defense counsel is appointed at the earliest hearing that could result in pretrial detention so that low-risk defendants are not unnecessarily further exposed to COVID–19.
“(4) Establishing early review of charges by an experienced prosecutor, so only arrestees and detainees who will be charged are detained.
“(5) Providing appropriate victims’ services supports and safety-focused residential accommodations for victims and community members who have questions or concerns about releases described in this subsection.
“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 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 National Emergencies Act (50 U.S.C. 1601 et seq.) declared 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 section 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-related hospitalizations, the total number of intensive care unit admissions, and the duration of each such hospitalization;
“(E) recoveries from COVID–19; and
“(F) COVID–19 deaths,
“(b) Privacy—Data reported under this section shall be reported in accordance with applicable privacy laws and regulations.
“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.
“3068. Definition
“For purposes of this part:
“(1) Correctional facility—The term correctional 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 (Public 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 include juveniles.”
Sec. 191108 Moratorium on fees and fines
In general— During the covered emergency period, and for fiscal years 2020, 2021, and 2022, the Attorney 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 operations.
Requirement to impose moratorium on imposition and collection of fees and fines— To be eligible for a grant under this section, a court shall implement a moratorium on the imposition and collection (including by a unit of local government or a State) of fees and fines imposed by that court—
not later than 120 day after the date of the enactment of this section;
retroactive to a period beginning 30 days prior the covered emergency period; and
continuing for an additional 90 days after the date the covered emergency period terminates.
Grant amount— In making grants under this section, the Attorney General shall—
give preference to applicants that implement a moratorium on the imposition and collection of fines and fees related to juvenile delinquency proceedings for each of fiscal years 2020 through 2022; and
make such grants in amounts that are proportionate to the number of individuals in the jurisdiction of the court.
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 emergency period.
No matching requirement— There is no matching requirement for grants under this section.
Definitions— In this section:
The term fees—
means monetary fees that are imposed for the costs of fine surcharges or court administrative fees; and
includes additional late fees, payment-plan fees, interest added if an individual is unable to pay a fine in its entirety, collection fees, and any additional amounts that do not include the fine.
The term fines means monetary fines imposed as punishment.
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.
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 amendment 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 amendments to any other person not similarly situated or to other circumstances, shall not be affected by the holding.
XII Immigration Matters
Sec. 191201 Extension of filing and other deadlines
New deadlines for extension or change of status or other benefits—
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 extension or change of nonimmigrant status, application for renewal of employment authorization, or any other application for extension or renewal of a period of authorized stay, shall be considered timely filed if the due date of the application is within the period described in subsection (d) and the application is filed not later than 60 days after it otherwise would have been due.
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 considered to be unlawfully present in the United States during the period described in subsection (d).
Specific authority—
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 described 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 automatically extend such status, authorization, or period of stay until the date that is 90 days after the last day of whichever of such periods ends later.
Exception— If the status, authorization, or period of stay referred to in subparagraph (A) is based on a grant of deferred action, or a grant of temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), the extension under such subparagraph shall be for a period not less than the period for which deferred action or temporary protected status originally was granted by the Secretary of Homeland Security.
Immigrant visas—
Extension of visa expiration— Notwithstanding 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.
Rollover of unused visas—
In general— For fiscal years 2021 and 2022, the worldwide level of family-sponsored immigrants under subsection (c) of section 201 of the Immigration and Nationality Act (8 U.S.C. 1151), the worldwide level of employment-based immigrants under subsection (d) of such section, and the worldwide level of diversity immigrants under subsection (e) of such section shall each be increased by the number computed under subparagraph (B) with respect to each of such worldwide levels.
Computation of increase— For each of the worldwide levels described in subparagraph (A), the number computed under this subparagraph is the difference (if any) between the worldwide level established for the previous fiscal year under the applicable subsection of section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) and the number of visas that were, during the previous fiscal year, issued and used as the basis for an application for admission into the United States as an immigrant described in the applicable subsection.
Clarifications—
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 proportionally allocated as set forth in subsections (a), (b), and (c) of section 203 of the Immigration and Nationality Act (8 U.S.C. 1153).
Elimination of fall across— For fiscal years 2021 and 2022, the number computed under subsection (c)(3)(C) of section 201 of the Immigration and Nationality Act (8 U.S.C. 1151), and the number computed under subsection (d)(2)(C) of such section, are deemed to equal zero.
Voluntary departure— Notwithstanding section 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 extended until the date that is 90 days after the end of such period.
Period described— The period described in this subsection—
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
ends 90 days after the date on which such public health emergency terminates.
Sec. 191202 Temporary accommodations for naturalization oath ceremonies due to public health emergency
Remote oath ceremonies— Not later than 30 days after the date of the enactment of this title, the Secretary of Homeland Security shall establish procedures for the administration of the oath of renunciation and allegiance under section 337 of the Immigration and Nationality Act (8 U.S.C. 1448) using remote videoconferencing, or other remote means for individuals who cannot reasonably access remote videoconferencing, as an alternative to an in-person oath ceremony.
Eligible individuals— Notwithstanding section 310(b) of the Immigration and Nationality Act (8 U.S.C. 1421(b)), an individual may complete the naturalization process by participating in a remote oath ceremony conducted pursuant to subsection (a) if such individual—
has an approved application for naturalization;
is unable otherwise to complete the naturalization process due to the cancellation or suspension 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
elects to participate in a remote oath ceremony in lieu of waiting for in-person ceremonies to resume.
Additional requirements— Upon establishing the procedures described in subsection (a), the Secretary of Homeland Security shall—
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;
to the greatest extent practicable, ensure that remote oath ceremonies are administered to individuals who elect to participate in such a ceremony not later than 30 days after the individual so notifies the Secretary; and
administer oath ceremonies to all other eligible individuals as expeditiously as possible after the end of the public health emergency referred to in subsection (b)(2).
Availability of remote option— The Secretary of Homeland Security shall begin administering remote 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 earlier than 90 days after the end of the public health emergency referred to in subsection (b)(2).
Clarification— Failure to appear for a remote oath ceremony shall not create a presumption that the individual has abandoned his or her intent to be naturalized.
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—
individuals who were scheduled for an in-person oath ceremony that was cancelled due to such public health emergency;
individuals who were provided written notice pursuant to subsection (c)(1) of the option of participating in a remote oath ceremony;
individuals who elected to participate in a remote oath ceremony in lieu of an in-person public ceremony;
individuals who completed the naturalization process by participating in a remote oath ceremony; and
remote oath ceremonies that were conducted within the period described in subsection (d).
Sec. 191203 Temporary protections for essential critical infrastructure workers
Protections for essential critical infrastructure 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 authorized for employment for purposes of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a).
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 Immigration and Nationality Act (8 U.S.C. 1324a(a)).
Clarification— Nothing in this section shall be deemed to require an alien described in subsection (d), or such alien’s employer—
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
to appear before an agent of the Department of Homeland Security or any other Federal agency for an interview, examination, or any other purpose.
Aliens described— An alien is described in this subsection if the alien—
on the date of the enactment of this title—
is physically present in the United States; and
is inadmissible to, or deportable from, the United States; and
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.
Period described— The period described in this subsection—
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
ends 90 days after the date on which such public health emergency terminates.
Essential critical infrastructure labor or services— For purposes of this section, the term essential critical infrastructure labor or services means labor or services performed in an essential critical infrastructure sector, as described in the “Advisory Memorandum on Identification of Essential Critical Infrastructure Workers During COVID–19 Response”, revised by the Department of Homeland Security on April 17, 2020.
Sec. 191204 Supplementing the COVID Response Workforce
Expedited green cards for certain physicians in the United States—
In general— During the period described in paragraph (3), an alien described in paragraph (2) may apply to acquire the status of an alien lawfully 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)).
Alien described— An alien described in this paragraph is an alien physician (and the spouse and children of such alien) who—
has an approved immigrant visa petition under section 203(b)(2)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)(B)(ii)) and has completed the service requirements for a waiver under such section on or before the date of the enactment of this title; and
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 diagnosis, treatment, or prevention of COVID–19.
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.
Expedited processing of nonimmigrant petitions and applications—
In general— In accordance with the procedures 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 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.
Applications or petitions for new employment or change of status—
Initial review— Not later than 15 days after the Secretary of Homeland Security receives an application or petition for new employment or change of status described in paragraph (1), the Secretary shall conduct an initial review of such application or petition and, if additional evidence is required, shall issue a request for evidence.
Decision—
In general— The Secretary of Homeland Security shall issue a final decision on an application or petition described in paragraph (1) not later than 30 days after receipt of such application or petition, or, if a request for evidence is issued, not later than 15 days after the Secretary receives the applicant or petitioner’s response to such request.
E-mail— In addition to delivery through regular mail services, decisions described 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.
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 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.
Emergency visa processing—
Visa processing—
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.
Interview—
In general— The Secretary of State shall ensure that visa appointments are scheduled for aliens described in subparagraph (A) not later than 7 business days after the alien requests such an appointment.
Suspension of routine visa services— If routine visa services are unavailable in the alien’s home country—
the U.S. embassy or consulate in the alien’s home country shall—
conduct the visa interview with the alien via video-teleconferencing technology; or
grant an emergency visa appointment to the alien not later than 10 business days after the alien requests such an appointment; or
the alien may seek a visa appointment at any other U.S. embassy or consulate where routine visa services are available, and such embassy or consulate shall make every reasonable effort to provide the alien with an appointment within 10 business days after the alien requests such an appointment.
Interview waivers— Except as provided in section 222(h)(2) of the Immigration and Nationality 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—
such alien is applying for a visa—
not more than 3 years after the date on which such alien’s prior visa expired;
in the visa classification for which such prior visa was issued; and
at a consular post located in the alien’s country of residence or, if otherwise required by regulation, country of nationality; and
the consular officer has no indication that such alien has failed to comply with the immigration laws and regulations of the United States.
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 emergency 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.
Improving mobility of nonimmigrant COVID–19 workers—
Licensure— Notwithstanding section 212(j)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(j)(2)), for the period described in paragraph (6), the Secretary of Homeland Security may approve a petition for classification as a nonimmigrant 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 employment 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 requirements in response to the COVID–19 public health emergency.
Temporary limitations on amended H–1b petitions—
In general— Notwithstanding any other provision of law, the Secretary of Homeland 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 diagnosis, treatment, or prevention of COVID–19.
Clarification on telemedicine— Nothing in the Immigration and Nationality Act or any other provision of law shall be construed to 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 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 patients and other technologies to collect, analyze, and transmit medical data and images.
Permissible work activities for J–1 physicians—
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 education or training program and a nonimmigrant described in section 101(a)(15)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J)) who is participating in such a program—
may be redeployed to a new rotation within the host training institution as needed to engage in COVID–19 work; and
may receive compensation for such work.
Other permissible employment activities— A nonimmigrant described in section 101(a)(15)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J)) who is participating in a graduate medical education or training program may engage in work outside the scope of the approved program, if—
the work involves the diagnosis, treatment, or prevention of COVID–19;
the alien has maintained lawful nonimmigrant status and has otherwise complied with the terms of the education or training program; and
the program sponsor approves the additional work by annotating the nonimmigrant’s Certificate of Eligibility for Exchange Visitor (J–1) Status (Form DS–2019) and notifying the Immigration and Customs Enforcement Student and Exchange Visitor Program of the approval of such work.
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 patients located in areas designated by the Secretary 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.
Portability of O–1 nonimmigrants— A nonimmigrant who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(O)(i) of the Immigration and Nationality 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 conditions described in section 214(n) of such Act (8 U.S.C. 1184(n)).
Increasing the ability of physicians to change nonimmigrant status—
Change of nonimmigrant classification— Section 248(a) of the Immigration and Nationality Act (8 U.S.C. 1184(l)), is amended—
in paragraph (1), by inserting “and” after the comma at the end;
by striking paragraphs (2) and (3); and
by redesignating paragraph (4) as paragraph (2).
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”.
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.
Conrad 30 program—
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 before September 30, 2015”.
Admission of nonimmigrants— Section 214(l) of the Immigration and Nationality Act (8 U.S.C. 1184(l)), is amended—
in paragraph (1)(B)—
by striking “30” and inserting “35”; and
by inserting “, except as provided in paragraph (4)” before the semicolon at the end; and
by adding at the end the following:
“(4) Adjustment in waiver numbers
“(A) Increases
“(i) In general—Except as provided in clause (ii), if in any fiscal year, not less than 90 percent of the waivers provided under paragraph (1)(B) are utilized by States receiving at least 5 such waivers, the number of such waivers allotted 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 subsequent fiscal years shall be provided only in the case that not less than 95 percent of such waivers are utilized by States receiving 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 number 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 waivers allotted to each State drop below 35.”
Temporary portability for physicians and critical healthcare workers in response to COVID–19 public health emergency—
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 Secretary of Labor and the Secretary of Health and Human Services, shall establish emergency procedures to provide employment authorization to aliens described in paragraph (2), for purposes of facilitating 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.
Aliens described— An alien described in this paragraph is an alien who is—
physically present in the United States;
maintaining lawful nonimmigrant status that authorizes employment with a specific employer incident to such status; and
working in the United States in a healthcare occupation essential to COVID–19 response, as determined by the Secretary of Health and Human Services.
Employment authorization—
Application—
In general— The Secretary of Homeland Security may grant employment authorization to an alien described in paragraph (2) if such alien submits an Application for Employment Authorization (Form I–765 or any successor form), which shall include—
evidence of the alien’s current nonimmigrant status;
copies of the alien’s academic degrees and any licenses, credentials, or other documentation confirming authorization to practice in the alien’s occupation; and
any other evidence determined necessary by the Secretary of Homeland Security to establish by a preponderance of the evidence that the alien meets the requirements of paragraph (2).
Conversion of pending applications— The Secretary of Homeland Security shall establish procedures for the adjudication of any employment authorization 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 documents in connection with such applications in accordance with the terms and conditions of this subsection, upon request by the applicant.
Fees— The Secretary of Homeland Security shall collect a fee for the processing of applications for employment authorization as provided under this paragraph.
Request for evidence— If all required initial evidence has been submitted under this subsection but such evidence does not establish eligibility, the Secretary of Homeland Security shall issue a request for evidence not later than 15 days after receipt of the application for employment authorization.
Decision— The Secretary of Homeland Security shall issue a final decision on an application for employment authorization under this subsection not later than 30 days after receipt 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.
Employment authorization card— An employment authorization document issued under this subsection shall—
be valid for a period of not less than 1 year;
include the annotation “COVID–19”; and
notwithstanding any other provision of law, allow the bearer of such document to engage in employment during its validity period, with any United States employer to perform services described in paragraph (1).
Renewal— Subject to paragraph (5), the Secretary of Homeland Security may renew an employment authorization document issued under this subsection in accordance with procedures established by the Secretary.
Clarifications—
Maintenance of status— Notwithstanding a reduction in hours or cessation of work with the employer that petitioned for the alien’s underlying nonimmigrant status, an alien granted employment authorization under this subsection, and the spouse and children of such alien shall, for the period of such authorization, be deemed—
to be lawfully present in the United States; and
to have continuously maintained the alien’s underlying nonimmigrant status for purposes of an extension of such status, a change of nonimmigrant status under section 248 of the Immigration and Nationality Act (8 U.S.C. 1258), or adjustment of status under section 245 of such Act (8 U.S.C. 1255).
Limitations— An employment authorization document described in subparagraph (E) may not be—
utilized by the alien to engage in any employment other than that which is described in paragraph (1); or
accepted by an employer as evidence of authorization under section 274A(b)(1)(C) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)(1)(C)), to engage in employment other than that which is described in paragraph (1).
Treatment of time spent engaging in COVID–19-related work— Notwithstanding any other provision of law, time spent by an alien physician engaged in direct patient care involving the diagnosis, treatment, or prevention of COVID–19 shall count towards—
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 Nationality Act (8 U.S.C. 1153(b)(2)(B)(ii)); and
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 requirement under section 212(e) of the Immigration and Nationality Act (8 U.S.C. 1182(e)), as provided in section 214(l) of such Act (8 U.S.C. 1184(l)).
Extension or termination— The procedures described in paragraph (1) shall take effect on the date that is 30 days after the date of the enactment 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.
Special immigrant status for nonimmigrant COVID–19 workers and their families—
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 Nationality Act (8 U.S.C. 1154) for classification under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)).
Aliens described— An alien is described in this paragraph if, during the period beginning on the date that the COVID–19 public health emergency 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—
authorized for employment in the United States and maintaining a nonimmigrant status; and
engaged in the practice of medicine, provision of healthcare services, or medical research involving the diagnosis, treatment, or prevention of COVID–19 disease.
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 Secretary of Homeland Security, except that an alien shall maintain any priority date that was assigned with respect to an immigrant visa petition or application for labor certification that was previously filed on behalf of such alien.
Protections for surviving spouses and children—
Surviving spouses and children— Notwithstanding the death of an alien described in paragraph (2), the Secretary of State may approve an application for an immigrant visa, and the Secretary of Homeland Security may approve an application for adjustment of status to lawful permanent resident, filed by or on behalf of a spouse or child of such alien.
Age-out protection— For purposes of an application for an immigrant visa or adjustment 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.
Continuation of nonimmigrant status— A spouse or child of an alien described in paragraph (2) shall be considered to have maintained lawful nonimmigrant status until the earlier of the date—
on which the Secretary of Homeland Security accepts for filing, an application for adjustment of status based on a petition described in paragraph (1); or
that is 2 years after the date of the principal nonimmigrant’s death.
Numerical limitations—
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.
Exclusion from numerical limitations— Aliens provided special immigrant status under this subsection shall not be counted against any numerical limitations under section 201(d), 202(a), or 203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1151(d), 1152(a), or 1153(b)(4)).
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—
the numerical limitation specified in subparagraph (A) for the given fiscal year; and
the number of principal aliens provided special immigrant status under this subsection during the given fiscal year.
Sec. 191205 ICE detention
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, the Secretary of Homeland Security shall review the immigration files of all individuals in the custody of U.S. Immigration 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.
Access to electronic communications and hygiene products— During the period described in subsection (c), the Secretary of Homeland Security shall ensure that—
all individuals in the custody of U.S. Immigration and Customs Enforcement—
have access to telephonic or video communication at no cost to the detained individual;
have access to free, unmonitored telephone calls, at any time, to contact attorneys or legal service providers in a sufficiently private space to protect confidentiality;
are permitted to receive legal correspondence by fax or email rather than postal mail; and
are provided sufficient soap, hand sanitizer, and other hygiene products; and
nonprofit organizations providing legal orientation programming or know-your-rights programming to individuals in the custody of U.S. Immigration and Customs Enforcement are permitted broad and flexible access to such individuals—
to provide group presentations using remote videoconferencing; and
to schedule and provide individual orientations using free telephone calls or remote videoconferencing.
Period described— The period described in this subsection—
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
ends 90 days after the date on which such public health emergency terminates.
XIII Coronavirus Relief Fund Amendments
Sec. 191301 Congressional intent relating to Tribal Governments eligible for Coronavirus Relief Fund payments
Purpose— The purpose of this section and the amendments made by subsection (b) is to affirm the April 27, 2020, memorandum and decision of the United States District Court for the District of Columbia in Confederated Tribes of the Chehalis Reservation et al v. Mnuchin (Case No. 1:20–cv–01002) and clarify the intent of Congress that only Federally recognized Tribal Governments are eligible for payments from the Coronavirus Relief Fund established in section 601 of the Social Security Act, as added by section 5001(a) of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136).
Eligible Tribal Governments— Effective as if included in the enactment of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136), section 601 of the Social Security Act, as added by section 5001(a) of the Coronavirus Aid, Relief, and Economic Security Act, is amended—
in subsection (c)(7), by striking “Indian Tribes” and inserting “Tribal Governments”; and
in subsection (g)—
by striking paragraph (1);
by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively; and
by striking paragraph (4) (as redesignated by subparagraph (B)) and inserting the following:
“(4) Tribal government—The term Tribal Government means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).”
Rules relating to payments made before the date of enactment of this act—
Payments made to ineligible entities— The Secretary of the Treasury shall require any entity that was not eligible to receive a payment from the amount set aside for fiscal year 2020 under subsection (a)(2)(B) of section 601 of the Social Security Act, as added by section 5001(a) of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136) and after the application of the amendments made by subsection (a) clarifying congressional intent relating to eligibility for such a payment, to return the full payment to the Department.
Distribution of payments returned by ineligible entities— The Secretary of the Treasury shall distribute payments returned under paragraph (1), without further appropriation or fiscal year limitation and not later than 7 days after receiving any returned funds as required under paragraph (1) to Tribal Governments eligible for payments under such section 601 of the Social Security Act, as amended by subsection (a), in accordance with subsection (c)(7) of such Act.
Limitation on secretarial authority— The Secretary of the Treasury is prohibited from requiring an entity that is eligible for a payment from the amount set aside for fiscal year 2020 under subsection (a)(2)(B) of section 601 of the Social Security Act, as amended by subsection(a), and that received a payment before the date of enactment of this Act, from requiring the entity to return all or part of the payment except to the extent authorized under section 601(f) of such Act in the case of a determination by the Inspector General of the Department of the Treasury that the Tribal government failed to comply with the use of funds requirements of section 601(d) of such Act.
Sec. 191302 Redistribution of amounts recovered or recouped from payments for Tribal Governments; reporting requirements
Effective as if included in the enactment of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136), section 601(c)(7) of the Social Security Act, as added by section 5001(a) of the Coronavirus Aid, Relief, and Economic Security Act, is amended—
by striking “From the amount” and inserting the following:
“(A) In general—From the amount”
by adding at the end the following:
“(B) Redistribution of funds
“(i) Requirement—In carrying out the requirement under subparagraph (A) to ensure that all amounts available under subsection (a)(2)(B) for fiscal year 2020 are distributed to Tribal governments, the Secretary shall redistribute any amounts from payments for Tribal Governments that are recovered through recoupment activities carried out by the Inspector General of the Department of the Treasury under subsection (f), without further appropriation, using a procedure and methodology determined by the Secretary in consultation with Tribal Governments, to Tribal Governments that apply for payments from such amounts.
“(ii) Repayment—In carrying out the recoupment activities by the Inspector General of the Department of the Treasury under subsection (f), Treasury shall not impose any additional fees, penalties, or interest payments on Tribal Governments associated with any amounts that are recovered.
“(C) Disclosure and reporting requirements
“(i) Disclosure of funding formula and methodology—Not later than 24 hours before any payments for Tribal Governments are distributed by the Secretary pursuant to the requirements under subparagraph (A) and subparagraph (B), the Secretary shall publish on the website of the Department of the Treasury—
“(I) a detailed description of the funding allocation formula; and
“(II) a detailed description of the procedure and methodology used to determine the funding allocation formula.
“(ii) Report to congress—No later than 7 days after payments for Tribal Governments are distributed by the Secretary pursuant to the requirements under subparagraph (A) or subparagraph (B), the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, the Chair and Ranking Members of the House Committee on Natural Resources and the Chair and Vice-Chair of the Senate Committee on Indian Affairs a report summarizing—
“(I) an overview of actions taken by the Secretary in carrying out the requirements under subparagraph (A) and subparagraph (B); and
“(II) the date and amount of all fund disbursements, broken down by individual Tribal Government recipients.”
Sec. 191303 Use of relief funds
Effective as if included in the Coronavirus, Aid, Relief, and Economic Security Act (Public Law 116–136), section 601 of the Social Security Act, as added by section 5001(a) of such Act, is amended by striking subsection (d) and inserting the following:
“(d) Use of funds—A State, Tribal government, and unit of local government shall use the funds provided under a payment made under this section to
“(1) cover only those costs of the State, Tribal government, or unit of local government that—
“(A) Are necessary expenditures incurred due to the public health emergency with respect to the coronavirus disease 2019 (COVID–19);
“(B) were not accounted for in the budget most recently approved as of the date of enactment of this section for the State or government; and
“(C) were incurred during the period that begins on January 31, 2020, and ends on December 31, 2020; or
“(2) Replace lost, delayed, or decreased revenues, stemming from the public health emergency with respect to the coronavirus disease (COVID–19).”
XIV Rural Digital Opportunity
Sec. 191401 Acceleration of Rural Digital Opportunity Fund Phase I auction
With respect to the Rural Digital Opportunity Fund Phase I auction (in this section referred to as the “auction”) provided for in the Report and Order in the matter of Rural Digital Opportunity Fund and Connect America Fund adopted by the Federal Communications Commission (in this section referred to as the “Commission”) on January 30, 2020 (FCC 20–5), the Commission shall modify the framework for the auction adopted in such Report and Order as follows:
The Commission shall begin accepting long-form applications before the auction, not later than the earlier of the date that is 30 days after the date on which the Commission begins accepting short-form applications or July 31, 2020, from such applicants as are willing to commit to the schedule described in paragraph (3)(B) for deployment of networks capable of providing symmetrical Gigabit performance service.
If the long-form applications accepted pursuant to paragraph (1) indicate that, for any census block or census block group identified in the Preliminary List of Eligible Areas released by the Commission on March 17, 2020, there is only 1 qualified applicant willing to commit to provide symmetrical Gigabit performance service pursuant to the schedule described in paragraph (3)(B), the Commission shall, not later than the earlier of September 30, 2020, or 30 days before the start of the auction—
award to such applicant Rural Digital Opportunity Fund Phase I support for such census block or census block group, at 100 percent of the reserve price (in this paragraph referred to as the “award”);
remove such census block or census block group from the auction; and
reduce the budget for the auction by 75 percent of the amount of the award and reduce the budget for the Rural Digital Opportunity Fund Phase II auction provided for in such Report and Order by 25 percent of the amount of the award.
The Commission shall require an applicant submitting a long-form application pursuant to paragraph (1) to—
not later than 30 days after the date on which such applicant submits such long-form application, provide a letter of commitment from a bank meeting the Commission’s eligibility requirements stating that the bank would provide a letter of credit to such applicant if such applicant becomes a winning bidder and is awarded support; and
commit to—
begin construction not later than 6 months following funding authorization; and
begin to make service available not later than 1 year following funding authorization.
If an applicant to which an award of support has been made under paragraph (2)(A) for a census block or census block group fails to meet the requirements of paragraph (3) with respect to such award of support, the Commission shall revoke such award of support and include such census block or census block group for competitive bidding in the Rural Digital Opportunity Fund Phase II auction provided for in such Report and Order.
The Commission shall require an applicant to which an award of support has been made under paragraph (2)(A) to meet the deployment schedule to which the applicant committed under paragraph (3)(B).
Sec. 191402 Ensuring the FCC creates accurate service maps
Authorization of appropriations— Title VIII of the Communications Act of 1934 (47 U.S.C. 641 et seq.) is amended by adding at the end the following:
“807. Authorization of appropriations
“There is authorized to be appropriated to the Commission to carry out this title—
“(1) $25,000,000 for fiscal year 2020; and
“(2) $9,000,000 for each of the fiscal years 2021 through 2027.”
Deadline for creation of maps— Section 802(c)(1) of the Communications Act of 1934 (47 U.S.C. 642(c)(1)) is amended by striking “create” and inserting “create, not later than October 1, 2020”.
XV Foreign Affairs Provisions
A Matters relating to the Department of State
Sec. 191501 Mitigation plan to assist Federal voters overseas impacted by COVID–19
In general— Not later than 60 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense, shall submit to the appropriate congressional committees a plan to mitigate the effects of limited or curtailed diplomatic pouch capacities or other operations constraints at United States diplomatic and consular posts, due to coronavirus, on overseas voters (as such term is defined in section 107(5) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20310(5))) seeking to return absentee ballots and other balloting materials under such Act with respect to elections for Federal office held in 2020. Such plan shall include steps to—
restore or augment diplomatic pouch capacities;
facilitate using the Army Post Office, Fleet Post Office, the United States mails, or private couriers, if available;
mitigate other operations constraints affecting eligible overseas voters; and
develop specific outreach plans to educate eligible overseas voters about accessing all available forms of voter assistance prior to the date of the regularly scheduled general election for Federal office.
Report on efforts to assist and inform Federal voters overseas— Not later than 90 days before the date of the regularly scheduled general election for Federal office held in November 2020, the Secretary of State, in consultation with the Secretary of Defense, shall report to the appropriate congressional committees on the implementation of efforts to carry out the plan submitted pursuant to subsection (a).
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and
the Committee on Foreign Relations and the Committee on Armed Services of the Senate.
Sec. 191502 Report on efforts of the Coronavirus Repatriation Task Force
In general— Not later than the date specified in subsection (b), the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report evaluating the efforts of the Coronavirus Repatriation Task Force of the Department of State to repatriate United States citizens and legal permanent residents in response to the 2020 coronavirus outbreak. The report shall identify—
the most significant impediments to repatriating such persons;
the lessons learned from such repatriations; and
any changes planned to future repatriation efforts of the Department of State to incorporate such lessons learned.
Deadline— The date specified in this subsection is the earlier of—
the date that is 90 days after the date on which the Coronavirus Repatriation Task Force of the Department of State is disbanded; or
September 30, 2020.
B Global Health Security Act of 2020
Sec. 191503 Short title
This subtitle may be cited as the “Global Health Security Act of 2020”.
Sec. 191504 Findings
Congress finds the following:
In December 2009, President Obama released the National Strategy for Countering Biological Threats, which listed as one of seven objectives “Promote global health security: Increase the availability of and access to knowledge and products of the life sciences that can help reduce the impact from outbreaks of infectious disease whether of natural, accidental, or deliberate origin”.
In February 2014, the United States and nearly 30 other nations launched the Global Health Security Agenda (GHSA) to address several high-priority, global infectious disease threats. The GHSA is a multi-faceted, multi-country initiative intended to accelerate partner countries’ measurable capabilities to achieve specific targets to prevent, detect, and respond to infectious disease threats, whether naturally occurring, deliberate, or accidental.
In 2015, the United Nations adopted the Sustainable Development Goals (SDGs), which include specific reference to the importance of global health security as part of SDG 3 “ensure healthy lives and promote well-being for all at all ages” as follows: “strengthen the capacity of all countries, in particular developing countries, for early warning, risk reduction and management of national and global health risks”.
On November 4, 2016, President Obama signed Executive Order 13747, “Advancing the Global Health Security Agenda to Achieve a World Safe and Secure from Infectious Disease Threats”.
In October 2017 at the GHSA Ministerial Meeting in Uganda, the United States and more than 40 GHSA member countries supported the “Kampala Declaration” to extend the GHSA for an additional 5 years to 2024.
In December 2017, President Trump released the National Security Strategy, which includes the priority action: “Detect and contain biothreats at their source: We will work with other countries to detect and mitigate outbreaks early to prevent the spread of disease. We will encourage other countries to invest in basic health care systems and to strengthen global health security across the intersection of human and animal health to prevent infectious disease outbreaks”.
In September 2018, President Trump released the National Biodefense Strategy, which includes objectives to “strengthen global health security capacities to prevent local bioincidents from becoming epidemics”, and “strengthen international preparedness to support international response and recovery capabilities”.
Sec. 191505 Statement of policy
It is the policy of the United States to—
promote global health security as a core national security interest;
advance the aims of the Global Health Security Agenda;
collaborate with other countries to detect and mitigate outbreaks early to prevent the spread of disease;
encourage other countries to invest in basic resilient and sustainable health care systems; and
strengthen global health security across the intersection of human and animal health to prevent infectious disease outbreaks and combat the growing threat of antimicrobial resistance.
Sec. 191506 Global Health Security Agenda Interagency Review Council
Establishment— The President shall establish a Global Health Security Agenda Interagency Review Council (in this section referred to as the “Council”) to perform the general responsibilities described in subsection (c) and the specific roles and responsibilities described in subsection (e).
Meetings— The Council shall meet not less than four times per year to advance its mission and fulfill its responsibilities.
General responsibilities— The Council shall be responsible for the following activities:
Provide policy-level recommendations to participating agencies on Global Health Security Agenda (GHSA) goals, objectives, and implementation.
Facilitate interagency, multi-sectoral engagement to carry out GHSA implementation.
Provide a forum for raising and working to resolve interagency disagreements concerning the GHSA.
Review the progress toward and work to resolve challenges in achieving United States commitments under the GHSA, including commitments to assist other countries in achieving the GHSA targets.
The Council shall consider, among other issues, the following:
The status of United States financial commitments to the GHSA in the context of commitments by other donors, and the contributions of partner countries to achieve the GHSA targets.
The progress toward the milestones outlined in GHSA national plans for those countries where the United States Government has committed to assist in implementing the GHSA and in annual work-plans outlining agency priorities for implementing the GHSA.
The external evaluations of United States and partner country capabilities to address infectious disease threats, including the ability to achieve the targets outlined within the WHO Joint External Evaluation (JEE) tool, as well as gaps identified by such external evaluations.
Participation— The Council shall consist of representatives, serving at the Assistant Secretary level or higher, from the following agencies:
The Department of State.
The Department of Defense.
The Department of Justice.
The Department of Agriculture.
The Department of Health and Human Services.
The Department of Labor.
The Department of Homeland Security.
The Office of Management and Budget.
The United States Agency for International Development.
The Environmental Protection Agency.
The Centers for Disease Control and Prevention.
The Office of Science and Technology Policy.
The National Institutes of Health.
The National Institute of Allergy and Infectious Diseases.
Such other agencies as the Council determines to be appropriate.
Specific roles and responsibilities—
In general— The heads of agencies described in subsection (d) shall—
make the GHSA and its implementation a high priority within their respective agencies, and include GHSA-related activities within their respective agencies’ strategic planning and budget processes;
designate a senior-level official to be responsible for the implementation of this Act;
designate, in accordance with subsection (d), an appropriate representative at the Assistant Secretary level or higher to participate on the Council;
keep the Council apprised of GHSA-related activities undertaken within their respective agencies;
maintain responsibility for agency-related programmatic functions in coordination with host governments, country teams, and GHSA in-country teams, and in conjunction with other relevant agencies;
coordinate with other agencies that are identified in this section to satisfy programmatic goals, and further facilitate coordination of country teams, implementers, and donors in host countries; and
coordinate across GHSA national plans and with GHSA partners to which the United States is providing assistance.
Additional roles and responsibilities— In addition to the roles and responsibilities described in paragraph (1), the heads of agencies described in subsection (d) shall carry out their respective roles and responsibilities described in subsections (b) through (i) of section 3 of Executive Order 13747 (81 Fed. Reg. 78701; relating to Advancing the Global Health Security Agenda to Achieve a World Safe and Secure from Infectious Disease Threats), as in effect on the day before the date of the enactment of this Act.
Sec. 191507 United States Coordinator for Global Health Security
In general— The President shall appoint an individual to the position of United States Coordinator for Global Health Security, who shall be responsible for the coordination of the interagency process for responding to global health security emergencies. As appropriate, the designee shall coordinate with the President’s Special Coordinator for International Disaster Assistance.
Congressional briefing— Not less frequently than twice each year, the employee designated under this section shall provide to the appropriate congressional committees a briefing on the responsibilities and activities of the individual under this section.
Sec. 191508 Sense of Congress
It is the sense of the Congress that, given the complex and multisectoral nature of global health threats to the United States, the President—
should consider appointing an individual with significant background and expertise in public health or emergency response management to the position of United States Coordinator for Global Health Security, as required by section 191507(a), who is an employee of the National Security Council at the level of Deputy Assistant to the President or higher; and
in providing assistance to implement the strategy required under section 191509(a), should—
coordinate, through a whole-of-government approach, the efforts of relevant Federal departments and agencies to implement the strategy;
seek to fully utilize the unique capabilities of each relevant Federal department and agency while collaborating with and leveraging the contributions of other key stakeholders; and
utilize open and streamlined solicitations to allow for the participation of a wide range of implementing partners through the most appropriate procurement mechanisms, which may include grants, contracts, cooperative agreements, and other instruments as necessary and appropriate.
Sec. 191509 Strategy and reports
Strategy— The United States Coordinator for Global Health Security (appointed under section 191507(a)) shall coordinate the development and implementation of a strategy to implement the policy aims described in section 191505, which shall—
set specific and measurable goals, benchmarks, timetables, performance metrics, and monitoring and evaluation plans that reflect international best practices relating to transparency, accountability, and global health security;
support and be aligned with country-owned global health security policy and investment plans developed with input from key stakeholders, as appropriate;
facilitate communication and collaboration, as appropriate, among local stakeholders in support of a multi-sectoral approach to global health security;
support the long-term success of programs by building the capacity of local organizations and institutions in target countries and communities;
develop community resilience to infectious disease threats and emergencies;
leverage resources and expertise through partnerships with the private sector, health organizations, civil society, nongovernmental organizations, and health research and academic institutions; and
support collaboration, as appropriate, between United States universities, and public and private institutions in target countries and communities to promote health security and innovation.
Coordination— The President, acting through the United States Coordinator for Global Health Security, shall coordinate, through a whole-of-government approach, the efforts of relevant Federal departments and agencies in the implementation of the strategy required under subsection (a) by—
establishing monitoring and evaluation systems, coherence, and coordination across relevant Federal departments and agencies; and
establishing platforms for regular consultation and collaboration with key stakeholders and the appropriate congressional committees.
Strategy submission—
In general— Not later than 180 days after the date of the enactment of this Act, the President, in consultation with the head of each relevant Federal department and agency, shall submit to the appropriate congressional committees the strategy required under subsection (a) that provides a detailed description of how the United States intends to advance the policy set forth in section 191505 and the agency-specific plans described in paragraph (2).
Agency-specific plans— The strategy required under subsection (a) shall include specific implementation plans from each relevant Federal department and agency that describes—
the anticipated contributions of the department or agency, including technical, financial, and in-kind contributions, to implement the strategy; and
the efforts of the department or agency to ensure that the activities and programs carried out pursuant to the strategy are designed to achieve maximum impact and long-term sustainability.
Report—
In general— Not later than 1 year after the date on which the strategy required under subsection (a) is submitted to the appropriate congressional committees under subsection (c), and not later than October 1 of each year thereafter, the President shall submit to the appropriate congressional committees a report that describes the status of the implementation of the strategy.
Contents— The report required under paragraph (1) shall—
identify any substantial changes made in the strategy during the preceding calendar year;
describe the progress made in implementing the strategy;
identify the indicators used to establish benchmarks and measure results over time, as well as the mechanisms for reporting such results in an open and transparent manner;
contain a transparent, open, and detailed accounting of expenditures by relevant Federal departments and agencies to implement the strategy, including, to the extent practicable, for each Federal department and agency, the statutory source of expenditures, amounts expended, partners, targeted populations, and types of activities supported;
describe how the strategy leverages other United States global health and development assistance programs;
assess efforts to coordinate United States global health security programs, activities, and initiatives with key stakeholders;
incorporate a plan for regularly reviewing and updating strategies, partnerships, and programs and sharing lessons learned with a wide range of stakeholders, including key stakeholders, in an open, transparent manner; and
describe the progress achieved and challenges concerning the United States Government’s ability to advance the Global Health Security Agenda across priority countries, including data disaggregated by priority country using indicators that are consistent on a year-to-year basis and recommendations to resolve, mitigate, or otherwise address the challenges identified therein.
Form— The strategy required under subsection (a) and the report required under subsection (d) shall be submitted in unclassified form but may contain a classified annex.
Sec. 191510 Compliance with the Foreign Aid Transparency and Accountability Act of 2016
Section 2(3) of the Foreign Aid Transparency and Accountability Act of 2016 (Public Law 114–191; 22 U.S.C. 2394c note) is amended—
in subparagraph (C), by striking “and” at the end;
in subparagraph (D), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(E) the Global Health Security Act of 2020.”
Sec. 191511 Definitions
In this subtitle:
Appropriate congressional committees— The term appropriate congressional committees means—
the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and
the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
Global health security— The term global health security means activities supporting epidemic and pandemic preparedness and capabilities at the country and global levels in order to minimize vulnerability to acute public health events that can endanger the health of populations across geographical regions and international boundaries.
Sec. 191512 Sunset
This subtitle (other than section 191507), and the amendments made by this subtitle, shall cease to be effective on December 31, 2024.
C Securing America From Epidemics Act
Sec. 191513 Findings
Congress finds the following:
Due to increasing population and population density, human mobility, and ecological change, emerging infectious diseases pose a real and growing threat to global health security.
While vaccines can be the most effective tools to protect against infectious disease, the absence of vaccines for a new or emerging infectious disease with epidemic potential is a major health security threat globally, posing catastrophic potential human and economic costs.
The 1918 influenza pandemic infected 500,000,000 people, or about one-third of the world’s population at the time, and killed 50,000,000 people—more than died in the First World War.
The economic cost of an outbreak can be devastating. The estimated global cost today, should an outbreak of the scale of the 1918 influenza pandemic strike, is 5 percent of global gross domestic product.
Even regional outbreaks can have enormous human costs and substantially disrupt the global economy and cripple regional economies. The 2014 Ebola outbreak in West Africa killed more than 11,000 and cost $2,800,000,000 in losses in the affected countries alone.
The ongoing novel coronavirus outbreak reflects the pressing need for quick and effective vaccine and countermeasure development.
While the need for vaccines to address emerging epidemic threats is acute, markets to drive the necessary development of vaccines to address them—a complex and expensive undertaking—are very often critically absent. Also absent are mechanisms to ensure access to those vaccines by those who need them when they need them.
To address this global vulnerability and the deficit of political commitment, institutional capacity, and funding, in 2017, several countries and private partners launched the Coalition for Epidemic Preparedness Innovations (CEPI). CEPI’s mission is to stimulate, finance, and coordinate development of vaccines for high-priority, epidemic-potential threats in cases where traditional markets do not exist or cannot create sufficient demand.
Through funding of partnerships, CEPI seeks to bring priority vaccines candidates through the end of phase II clinical trials, as well as support vaccine platforms that can be rapidly deployed against emerging pathogens.
CEPI has funded multiple partners to develop vaccine candidates against the novel coronavirus, responding to this urgent, global requirement.
Support for and participation in CEPI is an important part of the United States own health security and biodefense and is in the national interest, complementing the work of many Federal agencies and providing significant value through global partnership and burden-sharing.
Sec. 191514 Authorization for united states participation
In general— The United States is hereby authorized to participate in the Coalition for Epidemic Preparedness Innovations.
Privileges and immunities— The Coalition for Epidemic Preparedness Innovations shall be considered a public international organization for purposes of section 1 of the International Organizations Immunities Act (22 U.S.C. 288).
Reports to congress— Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that includes the following:
The United States planned contributions to the Coalition for Epidemic Preparedness Innovations and the mechanisms for United States participation in such Coalition.
The manner and extent to which the United States shall participate in the governance of the Coalition.
How participation in the Coalition supports relevant United States Government strategies and programs in health security and biodefense, to include—
the Global Health Security Strategy required by section 7058(c)(3) of division K of the Consolidated Appropriations Act, 2018 (Public Law 115–141);
the applicable revision of the National Biodefense Strategy required by section 1086 of the National Defense Authorization Act for Fiscal Year 2017 (6 U.S.C. 104); and
any other relevant decision-making process for policy, planning, and spending in global health security, biodefense, or vaccine and medical countermeasures research and development.
Appropriate congressional committees— In this section, the term “appropriate congressional committees” means—
the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and
the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
D Other Matters
Sec. 191515 Authorization to extend Millennium Challenge compacts
Notwithstanding the limitation in section 609(j) the Millennium Challenge Act of 2003 (22 U.S.C. 7708), the Millennium Challenge Corporation may extend any compact in effect as of January 29, 2020, for up to one additional year to account for delays related to the spread of coronavirus, if the Corporation provides to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a justification prior to providing any such extension.
XVI Scientific Integrity Act
Sec. 191601 Short title
This title may be cited as the “Scientific Integrity Act”.
Sec. 191602 Sense of Congress
It is the sense of Congress that—
science and the scientific process should help inform and guide public policy decisions on a wide range of issues, including improvement of public health, protection of the environment, and protection of national security;
the public must be able to trust the science and scientific process informing public policy decisions;
science, the scientific process, and the communication of science should be free from politics, ideology, and financial conflicts of interest;
policies and procedures that ensure the integrity of the conduct and communication of publicly funded science are critical to ensuring public trust;
a Federal agency that funds, conducts, or oversees research should not suppress, alter, interfere with, or otherwise impede the timely communication and open exchange of data and findings to other agencies, policymakers, and the public of research conducted by a scientist or engineer employed or contracted by a Federal agency that funds, conducts, or oversees scientific research;
Federal agencies that fund, conduct, or oversee research should work to prevent the suppression or distortion of the data and findings;
under the First Amendment to the Constitution, citizens of the United States have the right to “petition the government for a redress of grievances”; and
Congress has further protected those rights under section 7211 of title 5, United States Code, which states, “the right of employees, individually or collectively, to petition Congress or a member of Congress . . . may not be interfered with or denied”.
Sec. 191603 Amendment to America COMPETES Act
Section 1009 of the America COMPETES Act (42 U.S.C. 6620) is amended by striking subsections (a) and (b) and inserting the following:
“(a) Scientific integrity policies
“(1) In general—Not later than 90 days after the date of enactment of the Scientific Integrity Act, the head of each covered agency shall—
“(A) adopt and enforce a scientific integrity policy in accordance with subsections (b) and (c); and
“(B) submit such policy to the Director of the Office of Science and Technology Policy for approval.
“(2) Publication—Not later than 30 days after the Director of the Office of Science and Technology Policy approves the scientific integrity policy under paragraph (1), the head of each covered agency shall—
“(A) make such policy available to the public on the website of the agency; and
“(B) submit such policy to the relevant Committees of Congress.
“(b) Requirements—A scientific integrity policy under subsection (a)—
“(1) shall prohibit any covered individual from—
“(A) engaging in dishonesty, fraud, deceit, misrepresentation, coercive manipulation, or other scientific or research misconduct;
“(B) suppressing, altering, interfering with, delaying without scientific merit, or otherwise impeding the release and communication of, scientific or technical findings;
“(C) intimidating or coercing an individual to alter or censor, attempting to intimidate or coerce an individual to alter or censor, or retaliating against an individual for failure to alter or censor, scientific or technical findings; or
“(D) implementing an institutional barrier to cooperation with scientists outside the covered agency and the timely communication of scientific or technical findings;
“(2) shall allow a covered individual to—
“(A) disseminate scientific or technical findings, subject to existing law, by—
“(i) participating in scientific conferences; and
“(ii) seeking publication in online and print publications through peer-reviewed, professional, or scholarly journals;
“(B) sit on scientific advisory or governing boards;
“(C) join or hold leadership positions on scientific councils, societies, unions, and other professional organizations;
“(D) contribute to the academic peer-review process as reviewers or editors; and
“(E) participate and engage with the scientific community;
“(3) may require a covered individual to, before disseminating scientific or technical findings as described in paragraph (2)(A), submit such findings to the agency for the purpose of review by the agency of the data and findings for technical accuracy if the scientific integrity policy outlines a clear and consistent process for such review; and
“(4) shall require that—
“(A) scientific conclusions are not made based on political considerations;
“(B) the selection and retention of candidates for science and technology positions in the covered agency are based primarily on the candidate’s expertise, scientific credentials, experience, and integrity;
“(C) personnel actions regarding covered individuals, except for political appointees, are not taken on the basis of political consideration or ideology;
“(D) covered individuals adhere to the highest ethical and professional standards in conducting their research and disseminating their findings;
“(E) the appropriate rules, procedures, and safeguards are in place to ensure the integrity of the scientific process within the covered agency;
“(F) scientific or technological information considered in policy decisions is subject to well-established scientific processes, including peer review where appropriate;
“(G) procedures, including procedures with respect to applicable whistleblower protections, are in place as are necessary to ensure the integrity of scientific and technological information and processes on which the covered agency relies in its decision making or otherwise uses; and
“(H) enforcement of such policy is consistent with the processes for an administrative hearing and an administrative appeal.
“(c) Implementation—In carrying out subsection (a), the head of each covered agency shall—
“(1) design the scientific integrity policy to apply with respect to the covered agency;
“(2) ensure that such policy is clear with respect to what activities are permitted and what activities are not permitted;
“(3) ensure that there is a process for individuals not employed or contracted by the agency, including grantees, collaborators, partners, and volunteers, to report violations of the scientific integrity policy;
“(4) enforce such policy uniformly throughout the covered agency; and
“(5) make such policy available to the public, employees, private contractors, and grantees of the covered agency.
“(d) Scientific Integrity Officer—Not later than 90 days after the date of enactment of this Act, each covered agency shall appoint a Scientific Integrity Officer, who shall—
“(1) be a career employee at the covered agency in a professional position;
“(2) have technical knowledge and expertise in conducting and overseeing scientific research;
“(3) direct the activities and duties described in subsections (e), (f), and (g); and
“(4) work closely with the inspector general of the covered agency, as appropriate.
“(e) Administrative process and training—Not later than 180 days after the date of enactment of this Act, the head of each covered agency shall establish—
“(1) an administrative process and administrative appeal process for dispute resolution consistent with the scientific integrity policy of the covered agency adopted under subsection (a); and
“(2) a training program to provide—
“(A) regular scientific integrity and ethics training to employees and contractors of the covered agency;
“(B) new covered employees with training within one month of commencing employment;
“(C) information to ensure that covered individuals are fully aware of their rights and responsibilities regarding the conduct of scientific research, publication of scientific research, and communication with the media and the public regarding scientific research; and
“(D) information to ensure that covered individuals are fully aware of their rights and responsibilities for administrative hearings and appeals established in the covered agency’s scientific integrity policy.
“(f) Reporting
“(1) Annual report—Each year, each Scientific Integrity Officer appointed by a covered agency under subsection (d) shall post an annual report on the public website of the covered agency that includes, for the year covered by the report—
“(A) the number of complaints of misconduct with respect to the scientific integrity policy adopted under subsection (a)—
“(i) filed for administrative redress;
“(ii) petitioned for administrative appeal; and
“(iii) still pending from years prior to the year covered by the report, if any;
“(B) an anonymized summary of each such complaint and the results of each such complaint; and
“(C) any changes made to the scientific integrity policy.
“(2) Incident report
“(A) In general—Not later than 30 days after the date on which an incident described in subparagraph (B) occurs, the head of a covered agency shall submit a report describing the incident to the Office of Science and Technology Policy and the relevant Committees of Congress.
“(B) Incident—An incident described under this paragraph is an incident in which an individual, acting outside the channels established under subsection (e), overrules the decision of the Scientific Integrity Officer with respect to a dispute regarding a violation of the scientific integrity policy.
“(g) Office of Science and Technology Policy—The Director of the Office of Science and Technology Policy shall—
“(1) collate, organize, and publicly share all information it receives under subsection (g) in one place on its own website; and
“(2) on an annual basis, convene the Scientific Integrity Officer of each covered agency appointed under subsection (d) to discuss best practices for implementing the requirements of this section.
“(h) Periodic review and approval
“(1) Internal review—The head of each covered agency shall periodically conduct a review of the scientific integrity policy and change such policy as appropriate.
“(2) Review by the Office of Science and Technology Policy
“(A) Review of substantial updates—The head of each covered agency shall submit to the Office of Science and Technology Policy for approval any substantial changes to the scientific integrity policy.
“(B) Quinquennial review—Not later than 5 years after the date of the enactment of the Scientific Integrity Act, and quinquennially thereafter, the head of each covered agency shall submit the scientific integrity policy to the Office of Science and Technology Policy for review and approval.
“(i) Comptroller General review—Not later than 2 years after the date of the enactment of the Scientific Integrity Act, the Comptroller General shall conduct a review of the implementation of the scientific integrity policy by each covered agency.
“(j) Definitions—In this section:
“(1) Agency—The term agency has the meaning given the term in section 551 of title 5, United States Code.
“(2) Covered agency—The term covered agency means an agency that funds, conducts, or oversees scientific research.
“(3) Covered individual—The term covered individual means a Federal employee or contractor who—
“(A) is engaged in, supervises, or manages scientific activities;
“(B) analyzes or publicly communicates information resulting from scientific activities; or
“(C) uses scientific information or analyses in making bureau, office, or agency policy, management, or regulatory decisions.
“(4) Relevant committees of Congress—The term “relevant Committees of Congress” means—
“(A) the Committee on Commerce, Science, and Transportation of the Senate; and
“(B) the Committee on Science, Space, and Technology of the House of Representatives.”
Sec. 191604 Existing policies; clarification
Existing scientific integrity policies— Notwithstanding the amendments made by this title, a covered agency’s scientific integrity policy that was in effect on the day before the date of enactment of this Act may satisfy the requirements under the amendments made by this title if the head of the covered agency—
makes a written determination that the policy satisfies such requirements; and
submits the written determination and the policy to the Director of the Office of Science and Technology Policy for review and approval.
Clarification— Nothing in this title shall affect the application of United States copyright law.
Covered agency defined— The term “covered agency” has the meaning given the term in section 1009 of the America COMPETES Act (42 U.S.C. 6620).