Division T — Judiciary Matters

H.R. 8406 · 116th Congress · Sep 29, 2020 · Lineage

T Judiciary Matters

I Immigration Matters

Sec. 101 Extension of filing and other deadlines

(a)

New deadlines for extension or change of status or other benefits—

(1)

Filing delays— In the case of an alien who was lawfully present in the United States on January 26, 2020, the alien’s application for an 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.

(2)

Departure delays— In the case of an alien who was lawfully present in the United States on January 26, 2020, the alien shall not be considered to be unlawfully present in the United States during the period described in subsection (d).

(3)

Specific authority—

(A)

In general— With respect to any alien whose immigration status, employment authorization, or other authorized period of stay has expired or will expire during the period 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.

(B)

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.

(b)

Immigrant visas—

(1)

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.

(2)

Rollover of unused visas—

(A)

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.

(B)

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.

(C)

Clarifications—

(i)

Allocation among preference categories— The additional visas made available for fiscal years 2021 and 2022 as a result of the computations made under subparagraphs (A) and (B) shall be 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).

(ii)

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.

(iii)

Diversity visas— The additional visas made available for fiscal year 2021 for the worldwide level of diversity immigrants under subsection (e) of section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) as a result of the computations made under subparagraphs (A) and (B) shall be first made available to diversity immigrants selected in the lottery for fiscal year 2020.

(c)

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.

(d)

Period described— The period described in this subsection—

(1)

begins on the first day of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) with respect to COVID–19; and

(2)

ends 90 days after the date on which such public health emergency terminates.

Sec. 102 Temporary accommodations for naturalization oath ceremonies due to public health emergency

(a)

Remote oath ceremonies— Not later than 30 days after the date of the enactment of this title, the 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.

(b)

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—

(1)

has an approved application for naturalization;

(2)

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

(3)

elects to participate in a remote oath ceremony in lieu of waiting for in-person ceremonies to resume.

(c)

Additional requirements— Upon establishing the procedures described in subsection (a), the Secretary of Homeland Security shall—

(1)

without undue delay, provide written notice to individuals described in subsection (b)(1) of the option of participating in a remote oath ceremony in lieu of a participating in an in-person ceremony;

(2)

to the greatest extent practicable, ensure that remote oath ceremonies are administered to individuals who elect to participate in such a ceremony not later than 30 days after the individual so notifies the Secretary; and

(3)

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).

(d)

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).

(e)

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.

(f)

Report to congress— Not later than 180 days after the end of the public health emergency referred to in subsection (b)(2), the Secretary of Homeland Security shall submit a report to Congress that identifies, for each State and political subdivision of a State, the number of—

(1)

individuals who were scheduled for an in-person oath ceremony that was cancelled due to such public health emergency;

(2)

individuals who were provided written notice pursuant to subsection (c)(1) of the option of participating in a remote oath ceremony;

(3)

individuals who elected to participate in a remote oath ceremony in lieu of an in-person public ceremony;

(4)

individuals who completed the naturalization process by participating in a remote oath ceremony; and

(5)

remote oath ceremonies that were conducted within the period described in subsection (d).

Sec. 103 Temporary protections for essential critical infrastructure workers

(a)

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).

(b)

Employer protections— During the period described in subsection (e), the hiring, employment, or continued employment of an alien described in subsection (d) is not a violation of section 274A(a) of the Immigration and Nationality Act (8 U.S.C. 1324a(a)).

(c)

Clarification— Nothing in this section shall be deemed to require an alien described in subsection (d), or such alien’s employer—

(1)

to submit an application for employment authorization or deferred action, or register with, or pay a fee to, the Secretary of Homeland Security or the head of any other Federal agency; or

(2)

to appear before an agent of the Department of Homeland Security or any other Federal agency for an interview, examination, or any other purpose.

(d)

Aliens described— An alien is described in this subsection if the alien—

(1)

on the date of the enactment of this title—

(A)

is physically present in the United States; and

(B)

is inadmissible to, or deportable from, the United States; and

(2)

engaged in essential critical infrastructure labor or services in the United States prior to the period described in subsection (e) and continues to engage in such labor or services during such period.

(e)

Period described— The period described in this subsection—

(1)

(2)

ends 90 days after the date on which such public health emergency terminates.

(f)

Essential critical infrastructure labor or services— For purposes of this section, the term “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. 104 Supplementing the covid response workforce

(a)

Expedited green cards for certain physicians in the united states—

(1)

In general— During the period described in paragraph (3), an alien described in paragraph (2) may apply to acquire the status of an alien 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)).

(2)

Alien described— An alien described in this paragraph is an alien physician (and the spouse and children of such alien) who—

(A)

has an approved immigrant visa 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

(B)

provides a statement to the Secretary of Homeland Security attesting that the alien is engaged in or will engage in the practice of medicine or medical research involving the diagnosis, treatment, or prevention of COVID–19.

(3)

Period described— The period described in this paragraph is the period beginning on the date of the enactment of this title and ending 180 days after the termination of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d), with respect to COVID–19.

(b)

Expedited processing of nonimmigrant petitions and applications—

(1)

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.

(2)

Applications or petitions for new employment or change of status—

(A)

Initial review— Not later than 15 days after the Secretary of Homeland Security receives an application or petition for new 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.

(B)

Decision—

(i)

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.

(ii)

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.

(3)

Termination— This subsection shall take effect on the date of the enactment of this title and shall cease to be effective on the date that is 180 days after the termination of the public health 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.

(c)

Emergency visa processing—

(1)

Visa processing—

(A)

In general— The Secretary of State shall prioritize the processing of applications submitted by aliens who are seeking a visa based on an approved nonimmigrant petition to practice medicine, provide healthcare, engage in medical research, or participate in a graduate medical education or training program involving the diagnosis, treatment, or prevention of COVID–19.

(B)

Interview—

(i)

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.

(ii)

Suspension of routine visa services— If routine visa services are unavailable in the alien’s home country—

(I)

the U.S. embassy or consulate in the alien’s home country shall—

(aa)

conduct the visa interview with the alien via video-teleconferencing technology; or

(bb)

grant an emergency visa appointment to the alien not later than 10 business days after the alien requests such an appointment; or

(II)

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.

(2)

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—

(A)

such alien is applying for a visa—

(i)

not more than 3 years after the date on which such alien’s prior visa expired;

(ii)

in the visa classification for which such prior visa was issued; and

(iii)

at a consular post located in the alien’s country of residence or, if otherwise required by regulation, country of nationality; and

(B)

the consular officer has no indication that such alien has failed to comply with the immigration laws and regulations of the United States.

(3)

(d)

Improving mobility of nonimmigrant covid–19 workers—

(1)

Licensure— Notwithstanding section 212(j)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(j)(2)), for the period described in 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.

(2)

Temporary limitations on amended h–1b petitions—

(A)

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.

(B)

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.

(3)

Permissible work activities for j–1 physicians—

(A)

In general— Notwithstanding any other provision of law, the diagnosis, treatment, or prevention of COVID–19 shall be considered an integral part of a graduate medical 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—

(i)

may be redeployed to a new rotation within the host training institution as needed to engage in COVID–19 work; and

(ii)

may receive compensation for such work.

(B)

Other permissible employment activities— A nonimmigrant described in 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—

(i)

the work involves the diagnosis, treatment, or prevention of COVID–19;

(ii)

the alien has maintained lawful nonimmigrant status and has otherwise complied with the terms of the education or training program; and

(iii)

the program sponsor approves the additional work by annotating the 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.

(C)

Clarification on telemedicine— Section 214(l)(1)(D) of the Immigration and Nationality Act (8 U.S.C. 1184(l)(1)(D)) may be satisfied through the provision of care to 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.

(4)

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)).

(5)

Increasing the ability of physicians to change nonimmigrant status—

(A)

Change of nonimmigrant classification— Section 248(a) of the Immigration and Nationality Act (8 U.S.C. 1184(l)), is amended—

(i)

in paragraph (1), by inserting “and” after the comma at the end;

(ii)

by striking paragraphs (2) and (3); and

(iii)

by redesignating paragraph (4) as paragraph (2).

(B)

Admission of nonimmigrants— Section 214(l)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(l)(2)(A)) is amended by striking “Notwithstanding section 248(a)(2), the” and inserting “The”.

(6)

Termination— This subsection shall take effect on the date of the enactment of this title and except as provided in paragraphs (2)(B), (3)(C), (4), and (5), shall cease to be effective on that date that is 180 days after the termination of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d), with respect to COVID–19.

(e)

Conrad 30 program—

(1)

Permanent authorization— Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103–416; 8 U.S.C. 1182 note) is amended by striking “and before September 30, 2015”.

(2)

Admission of nonimmigrants— Section 214(l) of the Immigration and Nationality Act (8 U.S.C. 1184(l)), is amended—

(A)

in paragraph (1)(B)—

(i)

by striking “30” and inserting “35”; and

(ii)

by inserting “, except as provided in paragraph (4)” before the semicolon at the end; and

(B)

by adding at the end the following:

“(4) Adjustment in waiver numbers

“(A) Increases

“(i) In general—Except as 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.”

(f)

Temporary portability for physicians and critical healthcare workers in response to covid–19 public health emergency—

(1)

In general— Not later than 30 days after the date of the enactment of this title, the Secretary of Homeland Security, in consultation with the 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.

(2)

Aliens described— An alien described in this paragraph is an alien who is—

(A)

physically present in the United States;

(B)

maintaining lawful nonimmigrant status that authorizes employment with a specific employer incident to such status; and

(C)

working in the United States in a healthcare occupation essential to COVID–19 response, as determined by the Secretary of Health and Human Services.

(3)

Employment authorization—

(A)

Application—

(i)

In general— The Secretary of Homeland Security may grant employment authorization to an alien described in paragraph (2) if such alien submits an Application for Employment Authorization (Form I–765 or any successor form), which shall include—

(I)

evidence of the alien’s current nonimmigrant status;

(II)

copies of the alien’s academic degrees and any licenses, credentials, or other documentation confirming authorization to practice in the alien’s occupation; and

(III)

any other evidence 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).

(ii)

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.

(B)

Fees— The Secretary of Homeland Security shall collect a fee for the processing of applications for employment authorization as provided under this paragraph.

(C)

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.

(D)

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.

(E)

Employment authorization card— An employment authorization document issued under this subsection shall—

(i)

be valid for a period of not less than 1 year;

(ii)

include the annotation “COVID–19”; and

(iii)

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).

(F)

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.

(G)

Clarifications—

(i)

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—

(I)

to be lawfully present in the United States; and

(II)

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).

(ii)

Limitations— An employment authorization document described in subparagraph (E) may not be—

(I)

utilized by the alien to engage in any employment other than that which is described in paragraph (1); or

(II)

accepted by an employer as evidence of authorization under 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).

(4)

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—

(A)

the 5 years that an alien is required to work as a full-time physician for purposes of a national interest waiver under section 203(b)(2)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)(B)(ii)); and

(B)

the 3 years that an alien is required to work as a full-time physician for purposes of a waiver of the 2-year foreign residence 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)).

(5)

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.

(g)

Special immigrant status for nonimmigrant covid–19 workers and their families—

(1)

In general— The Secretary of Homeland Security may grant a petition for special immigrant classification to an alien described in paragraph (2) (and the spouse and children of such alien) if the alien files a petition for special immigrant status under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) for classification under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)).

(2)

Aliens described— An alien is described in this paragraph if, during the period beginning on the date that the COVID–19 public health 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—

(A)

authorized for employment in the United States and maintaining a nonimmigrant status; and

(B)

engaged in the practice of medicine, provision of healthcare services, or medical research involving the diagnosis, treatment, or prevention of COVID–19 disease.

(3)

Priority date— Subject to paragraph (5), immigrant visas under paragraph (1) shall be made available to aliens in the order in which a petition on behalf of each such alien is filed with the 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.

(4)

Protections for surviving spouses and children—

(A)

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.

(B)

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.

(C)

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—

(i)

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

(ii)

that is 2 years after the date of the principal nonimmigrant’s death.

(5)

Numerical limitations—

(A)

In general— The total number of principal aliens who may be provided special immigrant status under this subsection may not exceed 4,000 per year for each of the 3 fiscal years beginning after the date of the enactment of this title.

(B)

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)).

(C)

Carry forward— If the numerical limitation specified in subparagraph (A) is not reached during a given fiscal year referred to in such subparagraph, the numerical limitation specified in such subparagraph for the following fiscal year shall be increased by a number equal to the difference between—

(i)

the numerical limitation specified in subparagraph (A) for the given fiscal year; and

(ii)

the number of principal aliens provided special immigrant status under this subsection during the given fiscal year.

Sec. 105 ICE detention

(a)

Reviewing ice detention— During the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) with respect to COVID–19, 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.

(b)

Access to electronic communications and hygiene products— During the period described in subsection (c), the Secretary of Homeland Security shall ensure that—

(1)

all individuals in the custody of U.S. Immigration and Customs Enforcement—

(A)

have access to telephonic or video communication at no cost to the detained individual;

(B)

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;

(C)

are permitted to receive legal correspondence by fax or email rather than postal mail; and

(D)

are provided sufficient soap, hand sanitizer, and other hygiene products; and

(2)

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—

(A)

to provide group presentations using remote videoconferencing; and

(B)

to schedule and provide individual orientations using free telephone calls or remote videoconferencing.

(c)

Period described— The period described in this subsection—

(1)

(2)

ends 90 days after the date on which such public health emergency terminates.

Sec. 106 Condition on furlough

U.S. Citizenship and Immigration Services may not furlough any employee in any pay period in fiscal year 2021 if the agency has sufficient available balances for compensation for such employee during such pay period.

Sec. 107 Limitation on use of funds by other agencies

Notwithstanding any other provision of law, none of the funds deposited into the Immigration Examinations Fee Account pursuant to subsection (m) or (u) of section 286 of the Immigration and Nationality Act (8 U.S.C. 1356), may be made available to any other Federal agency for such other agency’s purpose, unless such funds were made available to such agency for such purpose in fiscal year 2019.

Sec. 108 Chief Financial Officer

(a)

Report to director— The Chief Financial Officer of U.S. Citizenship and Immigration Services shall report to the Director of U.S. Citizenship and Immigration Services.

(b)

Required consultation— Prior to implementing any substantive change to a policy, program, or process, the Director of U.S. Citizenship and Immigration Services shall consider the impact of such change on the agency’s revenue, expenditures, and reserve funding in consultation with the agency’s Chief Financial Officer.

Sec. 109 Independent verification and validation review

Not later than 180 days after the date of enactment of this Act, the Director of U.S. Citizenship and Immigration Services shall submit to the Committees on the Judiciary of the House of Representatives and the Senate, and the Committees on Appropriations of the House of Representatives and the Senate, the results and recommendations of an Independent Verification and Validation review of each model used by the agency to inform adjustments of fees charged for the adjudication of immigration and citizenship benefit requests.

Sec. 110 Reporting requirement

(a)

In general— In addition to the requirements of section 286(o) of the Immigration and Nationality Act (8 U.S.C. 1356(o)), the Secretary of Homeland Security shall prepare a report on the fiscal status of U.S. Citizenship and Immigration Services that includes the following, disaggregated by funding source—

(1)

the annual operating plan broken out by directorate and program office within such agency, which shall include obligations and current year expenditures for the preceding quarter, along with projected obligations and expenditures for the current quarter and the subsequent quarters;

(2)

fee receipts for each form type for the preceding quarter and estimates of such receipts for the current and subsequent quarter;

(3)

other agency expenses, including payments or transfers to other Federal agencies and general operating expenses;

(4)

the percentage of revenue generated from premium processing receipts used for the adjudication of non-premium benefit applications;

(5)

carryover or reserve funding projections, obligations, and expenditures;

(6)

productivity measurement data, by form type, directorate, and program office, measured against baseline capacity and workload volumes;

(7)

the impact on such measurement data from changes in personnel, technology usage, or processes;

(8)

processing times by program office and directorate, disaggregated by form type; and

(9)

backlogs by form type, including petitions for family- and employment-based immigration benefits and for asylum and other humanitarian protections.

(b)

Review— The report required in subsection (a) shall be—

(1)

validated and reviewed by the Chief Financial Officer of the Department of Homeland Security; and

(2)

submitted to the Committees on the Judiciary of the Senate and the House of Representatives and the Committees on Appropriations of the Senate and the House of Representatives not later than 90 days after the date of enactment of this Act and every 180 days thereafter.

(c)

Public availability— The information described in paragraphs (6) through (9) of subsection (a) shall also be made available not later than 15 days after the end of each fiscal quarter on a publicly available website.

(d)

Revenue earnings report— Not later than 60 days after the date of enactment of this Act and updated monthly thereafter, the Director of U.S. Citizenship and Immigration Services shall publish on a publicly available website in a downloadable, searchable, and sortable format a revenue earnings report that includes data beginning October 1, 2009, which shall be disaggregated by month and revenue source.

(e)

Independent review— The Comptroller General of the United States shall conduct an independent review of the first report submitted pursuant to subsection (b) and shall examine the circumstances that led to fiscal situation for U.S. Citizenship and Immigration Services for the fiscal years 2017 through 2020.

II Prisons and jails

Sec. 201 Short title

This title may be cited as the “Pandemic Justice Response Act”.

Sec. 202 Emergency community supervision act

(a)

Findings— Congress finds the following:

(1)

As of the date of introduction of this Act, the novel coronavirus has spread to all 50 States, the District of Columbia, and at least 4 territories.

(2)

As of September 27, 2020, more than 7,119,400 people in the United States had been infected with the coronavirus and at least 204,400 had died.

(3)

Although the United States has less than 5 percent of the world’s population, the United States holds approximately 21 percent of the world’s 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.

(4)

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.

(5)

According to public health experts, incarcerated individuals are particularly vulnerable to being gravely impacted by the novel corona virus pandemic because—

(A)

they have higher rates of underlying health issues than members of the general public, including higher rates of respiratory disease, heart disease, diabetes, obesity, HIV/AIDS, substance abuse, hepatitis, and other conditions that suppress immune response; and

(B)

the close conditions and lack of access to hygiene products in prisons make these institutions unusually susceptible to viral pandemics.

(6)

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.

(b)

Definitions— In this section:

(1)

Covered health condition— The term “covered health condition” with respect to an individual, means the individual—

(A)

is pregnant;

(B)

has chronic lung disease or asthma;

(C)

has congestive heart failure or coronary artery disease;

(D)

has diabetes;

(E)

has a neurological condition that weakens the ability to cough or breathe;

(F)

has HIV;

(G)

has sickle cell anemia;

(H)

has cancer; or

(I)

has a weakened immune system.

(2)

Covered individual— The term “covered individual”—

(A)

means an individual who—

(i)

is a juvenile (as defined in section 5031 of title 18, United States Code);

(ii)

is 50 years of age or older;

(iii)

has a covered health condition; or

(iv)

is within 12 months of release from incarceration; and

(B)

includes an individual described in subparagraph (A) who is serving a term of 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.

(3)

National emergency relating to a communicable disease— The term “national emergency relating to a communicable disease” means—

(A)

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

(B)

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.

(c)

Placement of certain individuals in community supervision—

(1)

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—

(A)

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

(B)

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.

(2)

Exceptions—

(A)

Bureau of prisons— In carrying out paragraph (1)(A), the Director—

(i)

may not place in community supervision any individual determined, by clear and convincing evidence, taking into account the individual's offense of conviction, to be likely to pose a specific and substantial risk of causing bodily injury to or using violent force against the person of another;

(ii)

shall place in the file of each individual described in clause (i) documentation of such determination, including the evidence used to make the determination; and

(iii)

not later than 180 days after the date on which the national emergency relating to a communicable disease expires, shall provide a report to Congress documenting—

(I)

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

(II)

the justification for the denials described in subclause (I).

(B)

District courts— In carrying out paragraph (1)(B), each district court of the United States—

(i)

shall conduct an immediate and 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—

(I)

appearance by the defendant or any party; or

(II)

requiring a petition, motion, or other similar document to be filed;

(ii)

may not place in community 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;

(iii)

in carrying out clauses (i) and (ii), may—

(I)

rely on evidence presented in prior court proceedings; and

(II)

if the court determines it necessary, request additional information from the parties to make the determination.

(3)

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.

(d)

Limitation on pre-trial detention—

(1)

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.

(2)

Limitation—

(A)

In general— Beginning on the date on which a national emergency relating to a communicable disease is declared and ending on the date that is 60 days after such national emergency expires or is terminated, at any 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.

(B)

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—

(i)

whether the individual’s age or medical condition renders them especially vulnerable; and

(ii)

whether detention will compromise the individual’s access to adequate medical treatment, access to medications, or ability to privately consult with counsel and meaningfully prepare a defense.

(C)

Juveniles—

(i)

In general— Beginning on the date on which a national emergency 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.

(ii)

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.

(iii)

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.

(iv)

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—

(I)

findings of fact;

(II)

the reasons for the detention;

(III)

a description of the risk identified under clause (ii);

(IV)

an explanation of why no conditions will reasonably mitigate the risk identified under clause (ii);

(V)

a statement that detention will not compromise the juvenile’s access to adequate medical treatment, access to medications, or ability to privately consult with counsel and meaningfully prepare a defense; and

(VI)

a statement establishing that the detention environment is the least restrictive and safest possible in accordance with the requirement under clause (iii).

(e)

Limitation on supervised release— 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—

(1)

suspending the requirement that individuals determined to be a lower risk of reoffending, or any other individuals determined to be appropriate by the supervising probation officer, report in person to their probation or parole officer;

(2)

identifying individuals who have successfully completed not less than 18 months of supervision and transferring such individuals to administrative supervision or petitioning the court to terminate supervision, as appropriate; and

(3)

suspending the request for detention and imprisonment as a sanction for violations of probation, supervised release, or parole.

(f)

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.

(g)

Prohibition on technical violations and certain mandatory revocations of probation or supervised release—

(1)

Resentencing in cases of probation and supervised release—

(A)

In general— Beginning on the date on which a national emergency relating to a communicable disease is declared and ending on the date that is 60 days after such national emergency expires, and notwithstanding section 3582(b) of title 18, United States Code, a court shall order the resentencing of a defendant who is serving a term of imprisonment resulting from a revocation of probation, or supervised release for a Grade C violation for conduct under section 7B1.1(c)(3)(B) of the United States Sentencing Guidelines, upon motion of the defendant.

(B)

Resentencing— The court shall order the resentencing of a defendant described in subparagraph (A) as follows:

(i)

In the case of a revoked sentence of probation, the court shall resentence the defendant to probation, the duration of which shall be equal to the period of time 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.

(ii)

In the case of a revoked term of supervised release, the court shall continue the defendant on supervised release, the duration of which shall be equal to the 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.

(2)

Resentencing in cases of parole—

(A)

In general— Beginning on the date on which a national emergency relating to a communicable disease is declared and ending on the date that is 60 days after such national emergency expires, the court shall order the resentencing of a defendant who is serving a term of imprisonment resulting from a technical violation of the defendant’s parole.

(B)

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.

(3)

Hearing— The court may grant, but not deny, a motion without a hearing under this section.

(4)

No mandatory revocation—

(A)

In general— Beginning on the date on which a national emergency relating to a communicable disease is declared and ending on the date that is 60 days after such national emergency expires, a court is not required to 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.

(B)

Dissemination of policy change— Not later than 10 days after the date of enactment of this title, the Judicial Conference of the United States shall issue and disseminate to all district courts of the United States a temporary policy change suspending mandatory revocation of probation or supervised release for refusal to comply with drug testing.

(5)

Prompt determination— Any motion under this subsection shall be determined promptly.

(6)

Counsel— To effectuate the purposes of this subsection, counsel shall be appointed as early as possible to represent any indigent defendant.

(7)

Definitions— In this subsection, the term “defendant” includes individuals adjudicated 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. 203 Court Authority to Reduce Sentences and Temporary Release Authority for Non-Violent Offenders

(a)

Court authority to reduce sentences—

(1)

In general— Notwithstanding section 3582 of title 18, United States Code, the court shall, during the covered emergency period, upon motion of a covered individual (as such term is defined in section 202(b)) or on the court’s own motion, reduce a term of imposed imprisonment on that individual, unless the government shows, by clear and convincing evidence, that the individual poses a risk of serious, imminent injury to a reasonably identifiable person.

(2)

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.

(3)

Rule of construction— In addition to the reduction of sentences authorized under this subsection, the court may continue to reduce and modify sentences under section 3582 of title 18, United States Code, during the covered emergency period.

(4)

Special rule— During the covered 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.

(b)

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, taking into account the individual’s offense of conviction or adjudication, order the temporary release of the individual, for a limited period ending not later than the expiration or termination of the COVID–19 emergency, if such release is for the purpose of avoiding or mitigating the risks associated with imprisonment during the covered emergency period, either generally with respect to the individual’s place of imprisonment or specifically with respect to the individual.

(c)

Hearing requirement— The court may grant, but not deny, a motion without a hearing under this section. Any motion under this section shall be determined promptly.

(d)

Effective representation during national emergency—

(1)

Access to court— During the covered emergency period, any procedural requirement under section 3582(c)(1)(A) of title 18, United States Code, that would delay a defendant from directly petitioning the court shall not apply, and the defendant may petition the court directly for relief.

(2)

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.

(3)

Access to medical records—

(A)

In general— In order to expedite proceedings under this section and proceedings under 3582(c)(1)(A) of title 18, United States Code, during the covered emergency period, the Director of the Bureau of Prisons shall 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 202(b)) or a condition that would entitle them to relief under section 3582(c)(1)(A) of title 18, United States Code.

(B)

Individuals in the custody of the u.s. marshals service— In order to 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. 204 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. 205 Increasing availability of home detention for non-violent elderly offenders

(a)

Good conduct time credits for certain elderly nonviolent offenders— Section 231(g)(5)(A)(ii) of the Second Chance Act of 2007 (34 U.S.C. 60541(g)(5)(A)(ii)) is amended by striking “to which the offender was sentenced” and inserting “reduced by any credit toward the service of the prisoner’s sentence awarded under section 3624(b) of title 18, United States Code”.

(b)

Increasing eligibility for home detention for certain elderly nonviolent offenders— During the covered emergency period an offender who is in the custody of the Bureau of Prisons, including 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—

(1)

is not less than 50 years of age;

(2)

has served 1/2 of the term of imprisonment reduced by any credit toward the service of the prisoner’s sentence awarded under section 3624(b) of title 18, United States Code; and

(3)

is otherwise described in such section 231(g)(5)(A).

Sec. 206 Effective assistance of counsel in the digital era act

(a)

Prohibition on monitoring— Not later than 180 days after the date of the enactment of this title, the 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.

(b)

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.

(c)

Attorney-client privilege— Attorney-client privilege, and the protections and limitations associated with such privilege (including the crime fraud exception), applies to electronic communications sent or received through the program or system established or modified under subsection (a).

(d)

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:

(1)

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.

(2)

Investigative and law enforcement officers—

(A)

Warrant—

(i)

In general— Retained contents may only be accessed by an investigative or law enforcement officer pursuant to a warrant issued by a court pursuant to the procedures described in the Federal Rules of Criminal Procedure.

(ii)

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.

(B)

Privileged information—

(i)

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.

(ii)

Barring participation— A United States Attorney who reviews retained contents pursuant to clause (i) shall be barred from—

(I)

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

(II)

sharing the retained contents with an attorney who is participating in such a legal proceeding.

(3)

Motion to suppress— In a case in which retained contents have been accessed in violation of this subsection, a court may suppress evidence obtained or derived from access to such contents upon motion of the defendant.

(e)

Definitions— In this section—

(1)

the term “agent of an attorney or legal representative” means any person employed by or contracting with an attorney or legal representative, including law clerks, interns, investigators, paraprofessionals, and administrative staff;

(2)

the term “contents” has the meaning given such term in 2510 of title 18, United States Code;

(3)

the term “electronic communication” has the meaning given such term in section 2510 of title 18, United States Code, and includes the Trust Fund Limited Inmate Computer System;

(4)

the term “monitoring” means accessing the contents of an electronic communication at any time after such communication is sent;

(5)

the term “incarcerated person” means any individual in the custody of the Bureau of Prisons or the United States Marshals Service who has been charged with or convicted of an offense against the United States, including such an individual who is imprisoned in a State institution; and

(6)

the term “privileged electronic communication” means—

(A)

any electronic communication between an incarcerated person and a potential, current, or former attorney or legal representative of such a person; and

(B)

any electronic communication between an incarcerated person and the agent of an attorney or legal representative described in subparagraph (A).

Sec. 207 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, taking into account the person’s offense of conviction—

“(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. 208 Moratorium on fees and fines

(a)

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.

(b)

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—

(1)

not later than 120 day after the date of the enactment of this section;

(2)

retroactive to a period beginning 30 days prior the covered emergency period; and

(3)

continuing for an additional 90 days after the date the covered emergency period terminates.

(c)

Grant amount— In making grants under this section, the Attorney General shall—

(1)

give preference to applicants that implement a moratorium on the imposition and collection of fines and fees related to juvenile delinquency proceedings for each of fiscal years 2020 through 2022; and

(2)

make such grants in amounts that are proportionate to the number of individuals in the jurisdiction of the court.

(d)

Use of funds— Funds made available under this section may be used to ensure that the recipient is able to continue court operations during the covered emergency period.

(e)

No matching requirement— There is no matching requirement for grants under this section.

(f)

Definitions— In this section:

(1)

The term “fees”—

(A)

means monetary fees that are imposed for the costs of fine surcharges or court administrative fees; and

(B)

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.

(2)

The term “fines” means monetary fines imposed as punishment.

(g)

Authorization of appropriations— There is authorized to be appropriated to carry out this section $150,000,000 for each of fiscal years 2020 through 2022.

Sec. 209 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. 210 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.

III Victims of Crime Act Amendments

Sec. 301 Short title

This title may be cited as the “Victims of Crime Act Fix Act of 2020”.

Sec. 302 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—

(1)

in paragraph (4), by striking “and” at the end;

(2)

in paragraph (5), by striking the period at the end and inserting “; and”; and

(3)

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. 303 Waiver of matching requirement

(a)

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.).

(b)

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.

(c)

Application— This section shall apply with respect to—

(1)

applications submitted during the period described under subsection (a), including applications for which funds will be distributed after such period; and

(2)

distributions of funds made during the period described under subsection (a), including distributions made pursuant to applications submitted before such period.

IV Jabara-Heyer NO HATE Act

Sec. 401 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. 402 Findings

Congress finds the following:

(1)

The incidence of violence known as hate crimes or crimes motivated by bias poses a serious national problem.

(2)

According to data obtained by the Federal Bureau of Investigation, the incidence of such violence increased in 2017, the most recent year for which data is available.

(3)

In 1990, Congress enacted the Hate Crime Statistics Act (Public Law 101–275; 28 U.S.C. 534 note) to provide the Federal Government, law 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.

(4)

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.

(5)

However, a complete understanding of the national problem posed by hate crimes is hindered by incomplete data from Federal, State, and local jurisdictions through the Uniform Crime Reports program authorized under section 534 of title 28, United States Code, and administered by the Federal Bureau of Investigation.

(6)

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.

(7)

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.

(8)

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. 403 Definitions

In this title:

(1)

Hate crime— The term hate crime means an act described in section 245, 247, or 249 of title 18, United States Code, or in section 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631).

(2)

Priority agency— The term priority agency means—

(A)

a law enforcement agency of a unit of local government that serves a population of not less than 100,000, as computed by the Federal Bureau of Investigation; or

(B)

a law enforcement agency of a unit of local government that—

(i)

serves a population of not less than 50,000 and less than 100,000, as computed by the Federal Bureau of Investigation; and

(ii)

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.

(3)

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).

(4)

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—

(A)

in law enforcement administration, operation, and management; and

(B)

to assess the nature and type of crime in the United States.

(5)

Unit of local government— The term unit of local government has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251).

Sec. 404 Reporting of hate crimes

(a)

Implementation grants—

(1)

In general— The Attorney General may make grants to States and units of local government to assist the State or unit of local government in implementing the National Incident-Based Reporting System, including to train employees in identifying and classifying hate crimes in the National Incident-Based Reporting System.

(2)

Priority— In making grants under paragraph (1), the Attorney General shall give priority to States and units of local government with larger populations.

(b)

Reporting—

(1)

Compliance—

(A)

In general— Except as provided in subparagraph (B), in each fiscal year beginning after the date that is 3 years after the date on 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.

(B)

Extensions; waiver— The Attorney General—

(i)

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

(ii)

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.

(2)

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. 405 Grants for State-run hate crime hotlines

(a)

Grants authorized—

(1)

In general— The Attorney General shall make grants to States to create State-run hate crime reporting hotlines.

(2)

Grant period— A grant made under paragraph (1) shall be for a period of not more than 5 years.

(b)

Hotline requirements— A State shall ensure, with respect to a hotline funded by a grant under subsection (a), that—

(1)

the hotline directs individuals to—

(A)

law enforcement if appropriate; and

(B)

local support services;

(2)

any personally identifiable information that an individual provides to an agency of the State through the hotline is not directly or indirectly disclosed, without the consent of the individual, to—

(A)

any other agency of that State;

(B)

any other State;

(C)

the Federal Government; or

(D)

any other person or entity;

(3)

the staff members who operate the hotline are trained to be knowledgeable about—

(A)

applicable Federal, State, and local hate crime laws; and

(B)

local law enforcement resources and applicable local support services; and

(4)

the hotline is accessible to—

(A)

individuals with limited English proficiency, where appropriate; and

(B)

individuals with disabilities.

(c)

Best practices— The Attorney General shall issue guidance to States on best practices for implementing the requirements of subsection (b).

Sec. 406 Information collection by States and units of local government

(a)

Definitions— In this section:

(1)

Applicable agency— The term applicable agency, with respect to an eligible entity that is—

(A)

a State, means—

(i)

a law enforcement agency of the State; and

(ii)

a law enforcement agency of a unit of local government within the State that—

(I)

is a priority agency; and

(II)

receives a subgrant from the State under this section; and

(B)

a unit of local government, means a law enforcement agency of the unit of local government that is a priority agency.

(2)

Covered agency— The term covered agency means—

(A)

a State law enforcement agency; or

(B)

a priority agency.

(3)

Eligible entity— The term eligible entity means—

(A)

a State; or

(B)

a unit of local government that has a priority agency.

(b)

Grants—

(1)

In general— The Attorney General may make grants to eligible entities to assist covered agencies within the jurisdiction of the eligible entity in conducting law enforcement activities or crime 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—

(A)

adopting a policy on identifying, investigating, and reporting hate crimes;

(B)

developing a standardized system of collecting, analyzing, and reporting the incidence of hate crime;

(C)

establishing a unit specialized in identifying, investigating, and reporting hate crimes;

(D)

engaging in community relations functions related to hate crime prevention and education such as—

(i)

establishing a liaison with formal community-based organizations or leaders; and

(ii)

conducting public meetings or educational forums on the impact of hate crimes, services available to hate crime victims, and the relevant Federal, State, and local laws pertaining to hate crimes; and

(E)

providing hate crime trainings for agency personnel.

(2)

Subgrants— A State that receives a grant under paragraph (1) may award a subgrant to a priority agency of a unit of local government within the State for the purposes under that paragraph.

(c)

Information required of States and units of local government—

(1)

In general— For each fiscal year in which an eligible entity receives a grant under subsection (b), the eligible entity shall—

(A)

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

(B)

submit to the Attorney General a report containing the information collected under subparagraph (A).

(2)

Semiannual law enforcement agency report—

(A)

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.

(B)

Contents— In a report submitted under subparagraph (A), a law enforcement agency shall, at a minimum, disclose—

(i)

whether the agency has adopted a policy on identifying, investigating, and reporting hate crimes;

(ii)

whether the agency has developed a standardized system of collecting, analyzing, and reporting the incidence of hate crime;

(iii)

whether the agency has established a unit specialized in identifying, investigating, and reporting hate crimes;

(iv)

whether the agency engages in community relations functions related to hate crime, such as—

(I)

establishing a liaison with formal community-based organizations or leaders; and

(II)

conducting public meetings or educational forums on the impact of hate crime, services available to hate crime victims, and the relevant Federal, State, and local laws pertaining to hate crime; and

(v)

the number of hate crime trainings for agency personnel, including the duration of the trainings, conducted by the agency during the reporting period.

(d)

Compliance and redirection of funds—

(1)

In general— Except as provided in 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).

(2)

Extensions; waiver— The Attorney General—

(A)

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

(B)

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. 407 Requirements of the Attorney General

(a)

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—

(1)

collect and analyze the information provided by States and units of local government under section 406 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

(2)

for each calendar year beginning after the date of enactment of this title, publish and submit to Congress a report based on the information collected and analyzed under paragraph (1).

(b)

Contents of report— A report submitted under subsection (a) shall include—

(1)

a qualitative analysis of the relationship between—

(A)

the number of hate crimes reported by State law enforcement agencies or priority agencies through the Uniform Crime Reports program; and

(B)

the nature and extent of law enforcement activities or crime reduction programs conducted by those agencies to prevent, address, or otherwise respond to hate crime; and

(2)

a quantitative analysis of the number of State law enforcement agencies and priority agencies that have—

(A)

adopted a policy on identifying, investigating, and reporting hate crimes;

(B)

developed a standardized system of collecting, analyzing, and reporting the incidence of hate crime;

(C)

established a unit specialized in identifying, investigating, and reporting hate crimes;

(D)

engaged in community relations functions related to hate crime, such as—

(i)

establishing a liaison with formal community-based organizations or leaders; and

(ii)

conducting public meetings or educational forums on the impact of hate crime, services available to hate crime victims, and the relevant Federal, State, and local laws pertaining to hate crime; and

(E)

conducted hate crime trainings for agency personnel during the reporting period, including—

(i)

the total number of trainings conducted by each agency; and

(ii)

the duration of the trainings described in clause (i).

Sec. 408 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.”

V Bankruptcy Protections

Sec. 501 Bankruptcy protections

(a)

Bankruptcy Protections for Federal Coronavirus Relief Payments— Section 541(b) of title 11, United States Code, is amended—

(1)

in paragraph (9), in the matter following subparagraph (B), by striking “or”;

(2)

in paragraph (10)(C), by striking the period at the end and inserting “; or”; and

(3)

by inserting after paragraph (10) the following:

“(11) payments made under Federal law relating to the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the coronavirus disease 2019 (COVID–19).”

(b)

Protection Against Discriminatory Treatment of Homeowners in Bankruptcy— Section 525 of title 11, United States Code, is amended by adding at the end the following:

“(d) A person may not be denied any forbearance, assistance, or loan modification relief made available to borrowers by a mortgage creditor or servicer because the person is or has been a debtor, or has received a discharge, in a case under this title.”

(c)

Increasing the Homestead Exemption— Section 522 of title 11, United States Code, is amended—

(1)

in subsection (d)(1), by striking “$15,000” and inserting “$100,000”; and

(2)

by adding at the end the following:

“(r) Notwithstanding any other provision of applicable nonbankruptcy law, a debtor in any State may exempt from property of the estate the property described in subsection (d)(1) not to exceed the value in subsection (d)(1) if the exemption for such property permitted by applicable nonbankruptcy law is lower than that amount.”

(d)

Effect of Missed Mortgage Payments on Discharge— Section 1328 of title 11, United States Code, is amended by adding at the end the following:

“(i) A debtor shall not be denied a discharge under this section because, as of the date of discharge, the debtor did not make 6 or fewer payments directly to the holder of a debt secured by real property.

“(j) Notwithstanding subsections (a) and (b), upon the debtor’s request, the court shall grant a discharge of all debts provided for in the plan that are dischargeable under subsection (a) if the debtor—

“(1) has made payments under a confirmed plan for at least 1 year; and

“(2) is experiencing or has experienced a material financial hardship due, directly or indirectly, to the coronavirus disease 2019 (COVID–19) pandemic.”

(e)

Expanded eligibility for chapter 13— Section 109(e) of title 11, United States Code, is amended—

(1)

by striking “$250,000” each place the term appears and inserting “$850,000”; and

(2)

by striking “$750,000” each place the term appears and inserting “$2,600,000”.

(f)

Extended Cure Period for Homeowners Harmed by COVID–19 Pandemic—

(1)

In general— Chapter 13 of title 11, United States Code, is amended by adding at the end thereof the following:

“1331. Special provisions related to COVID–19 pandemic

“(a) Notwithstanding subsections (b)(2) and (d) of section 1322, if the debtor is experiencing or has experienced a material financial hardship due, directly or indirectly, to the coronavirus disease 2019 (COVID–19) pandemic, a plan may provide for the curing of any default within a reasonable time, not to exceed 7 years after the time that the first payment under the original confirmed plan was due, and maintenance of payments while the case is pending on any unsecured claim or secured claim on which the last payment is due after the expiration of such time. Any such plan provision shall not affect the applicable commitment period under section 1325(b).

“(b) For purposes of sections 1328(a) and 1328(b), any cure or maintenance payments under subsection (a) that are made after the end of the period during which the plan provides for payments (other than payments under subsection (a)) shall not be treated as payments under the plan.

“(c) Notwithstanding section 1329(c), a plan modified under section 1329 at the debtor’s request may provide for cure or maintenance payments under subsection (a) over a period that is not longer than 7 years after the time that the first payment under the original confirmed plan was due.

“(d) Notwithstanding section 362(c)(2), during the period after the debtor receives a discharge and the period during which the plan provides for the cure of any default and maintenance of payments under the plan, section 362(a) shall apply to the holder of a claim for which a default is cured and payments are maintained under subsection (a) and to any property securing such claim.

“(e) Notwithstanding section 1301(a)(2), the stay of section 1301(a) terminates upon the granting of a discharge under section 1328 with respect to all creditors other than the holder of a claim for which a default is cured and payments are maintained under subsection (a).”

(2)

Table of contents— The table of sections of chapter 13, title 11, United States Code, is amended by adding at the end thereof the following:

(3)

Application— The amendments made by this paragraph shall apply only to any case under title 11, United States Code, commenced before 3 years after the date of enactment of this Act and pending on or commenced after such date of enactment, in which a plan under chapter 13 of title 11, United States Code, was not confirmed before March 27, 2020.

Lineage

Sep 29, 2020viewing Introduced in House Mrs. Lowey (for herself, Mr. Scott of Virginia, Mr. Pallone, Ms. Waters, Mr. Grijalva, Mrs. Carolyn B. Maloney of New York, Ms. Velázquez, Mr. Takano, Mr. Neal, Ms. Lofgren, and Mr. DeFazio) introduced the following bill; which was referred to the Committee on Appropriations, and in addition to the Committees on the Budget, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned