Sec. 12003. bureau of prisons
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## SEC. 12003 bureau of prisons ###
(a)Definitions **[**[18 U.S.C. 3621 note](/us/usc/t18/s3621)**]** In this section— ####
(1)the term “Bureau” means the Bureau of Prisons; ####
(2)the term “covered 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 terminates; and ####
(3)the term “Secretary” means the Secretary of Health and Human Services. ###
(b)Supply of Personal Protective Equipment and Test Kits to Bureau of Prisons; Home Confinement Authority ####
(1)Personal protective equipment and test kits #####
(A)Findings Congress finds the following: ######
(i)There is an urgent need for personal protective equipment and test kits to the Bureau based on the density of the inmate population, the high traffic, the high volume of inmates, the high rate of turnover of inmates and personnel, and the number of high-security areas, within the facilities of the Bureau. ######
(ii)The inability of the Bureau to secure the purchase of infectious disease personal protective equipment and related supplies now and in the future is a vulnerability. ######
(iii)The Bureau is currently competing in and engaging the same landscape of vendors as all other Federal agencies and private entities. ######
(iv)The ability of the Bureau to purchase needed equipment and supplies is currently subject to an individual manufacturer’s specific recognition of the Bureau as a priority and subsequent allocation of the inventory of the manufacturer to the Bureau. #####
(B)Consideration The Secretary shall appropriately consider, relative to other priorities of the Department of Health and Human Services for high-risk and high-need populations, the distribution of infectious disease personal protective equipment and COVID-19 test kits to the Bureau for use by inmates and personnel of the Bureau. ####
(2)Home confinement authority During the covered emergency period, if the Attorney General finds that emergency conditions will materially affect the functioning of the Bureau, the Director of the Bureau may lengthen the maximum amount of time for which the Director is authorized to place a prisoner in home confinement under the first sentence of section 3624(c)(2) of title 18, United States Code, as the Director determines appropriate. ###
(c)Video Visitation ####
(1)In general During the covered emergency period, if the Attorney General finds that emergency conditions will materially affect the functioning of the Bureau, the Director of the Bureau shall promulgate rules regarding the ability of inmates to conduct visitation through video teleconferencing and telephonically, free of charge to inmates, during the covered emergency period. ####
(2)Exemption from notice-and-comment rulemaking requirements Section 553 of title 5, United States Code, shall not apply to the promulgation of rules under paragraph
(1)of this subsection. ###
(d)Emergency Requirement The amount provided by this section is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
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