Sec. 15002. ### (a) Definition
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## SEC. 15002 ###
(a)Definition In this section, 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. ###
(b)Video Teleconferencing for Criminal Proceedings ####
(1)In general Subject to paragraphs (3), (4), and (5), if the Judicial Conference of the United States finds that emergency conditions due 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) will materially affect the functioning of either the Federal courts generally or a particular district court of the United States, the chief judge of a district court covered by the finding (or, if the chief judge is unavailable, the most senior available active judge of the court or the chief judge or circuit justice of the circuit that includes the district court), upon application of the Attorney General or the designee of the Attorney General, or on motion of the judge or justice, may authorize the use of video teleconferencing, or telephone conferencing if video teleconferencing is not reasonably available, for the following events: #####
(A)Detention hearings under section 3142 of title 18, United States Code. #####
(B)Initial appearances under Rule 5 of the Federal Rules of Criminal Procedure. #####
(C)Preliminary hearings under Rule 5.1 of the Federal Rules of Criminal Procedure. #####
(D)Waivers of indictment under Rule 7(b) of the Federal Rules of Criminal Procedure. #####
(E)Arraignments under Rule 10 of the Federal Rules of Criminal Procedure. #####
(F)Probation and supervised release revocation proceedings under Rule 32.1 of the Federal Rules of Criminal Procedure. #####
(G)Pretrial release revocation proceedings under section 3148 of title 18, United States Code. #####
(H)Appearances under Rule 40 of the Federal Rules of Criminal Procedure. #####
(I)Misdemeanor pleas and sentencings as described in Rule 43(b)(2) of the Federal Rules of Criminal Procedure. #####
(J)Proceedings under chapter 403 of title 18, United States Code (commonly known as the “Federal Juvenile Delinquency Act”), except for contested transfer hearings and juvenile delinquency adjudication or trial proceedings. ####
(2)Felony pleas and sentencing #####
(A)In general Subject to paragraphs (3), (4), and (5), if the Judicial Conference of the United States finds that emergency conditions due 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) will materially affect the functioning of either the Federal courts generally or a particular district court of the United States, the chief judge of a district court covered by the finding (or, if the chief judge is unavailable, the most senior available active judge of the court or the chief judge or circuit justice of the circuit that includes the district court) specifically finds, upon application of the Attorney General or the designee of the Attorney General, or on motion of the judge or justice, that felony pleas under Rule 11 of the Federal Rules of Criminal Procedure and felony sentencings under Rule 32 of the Federal Rules of Criminal Procedure cannot be conducted in person without seriously jeopardizing public health and safety, and the district judge in a particular case finds for specific reasons that the plea or sentencing in that case cannot be further delayed without serious harm to the interests of justice, the plea or sentencing in that case may be conducted by video teleconference, or by telephone conference if video teleconferencing is not reasonably available. #####
(B)Applicability to juveniles The video teleconferencing and telephone conferencing authority described in subparagraph
(A)shall apply with respect to equivalent plea and sentencing, or disposition, proceedings under chapter 403 of title 18, United States Code (commonly known as the “Federal Juvenile Delinquency Act”). ####
(3)Review #####
(A)In general On the date that is 90 days after the date on which an authorization for the use of video teleconferencing or telephone conferencing under paragraph
(1)or
(2)is issued, if the emergency authority has not been terminated under paragraph (5), the chief judge of the district court (or, if the chief judge is unavailable, the most senior available active judge of the court or the chief judge or circuit justice of the circuit that includes the district court) to which the authorization applies shall review the authorization and determine whether to extend the authorization. #####
(B)Additional review If an authorization is extended under subparagraph (A), the chief judge of the district court (or, if the chief judge is unavailable, the most senior available active judge of the court or the chief judge or circuit justice of the circuit that includes the district court) to which the authorization applies shall review the extension of authority not less frequently than once every 90 days until the earlier of— ######
(i)the date on which the chief judge (or other judge or justice) determines the authorization is no longer warranted; or ######
(ii)the date on which the emergency authority is terminated under paragraph (5). ####
(4)Consent Video teleconferencing or telephone conferencing authorized under paragraph
(1)or
(2)may only take place with the consent of the defendant, or the juvenile, after consultation with counsel. ####
(5)Termination of emergency authority The authority provided under paragraphs (1), (2), and (3), and any specific authorizations issued under those paragraphs, shall terminate on the earlier of— #####
(A)the last day of the covered emergency period; or #####
(B)the date on which the Judicial Conference of the United States finds that emergency conditions due 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) no longer materially affect the functioning of either the Federal courts generally or the district court in question. ####
(6)National emergencies generally The Judicial Conference of the United States and the Supreme Court of the United States shall consider rule amendments under chapter 131 of title 28, United States Code (commonly known as the “Rules Enabling Act”), that address emergency measures that may be taken by the Federal courts when the President declares a national emergency under the National Emergencies Act (50 U.S.C. 1601 et seq.). ####
(7)Rule of construction Nothing in this subsection shall obviate a defendant’s right to counsel under the Sixth Amendment to the Constitution of the United States, any Federal statute, or the Federal Rules of Criminal Procedure. ###
(c)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. ## DISTRICT OF COLUMBIA ### Federal Funds #### federal payment for emergency planning and security costs in the district of columbia For an additional amount for “Federal Payment for Emergency Planning and Security Costs in the District of Columbia”, $5,000,000, to remain available until expended, to prevent, prepare for, and respond to coronavirus, domestically or internationally: * Provided*, That such amount 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. ## INDEPENDENT AGENCIES ### Election Assistance Commission #### election security grants For an additional amount for “Election Security Grants”, $400,000,000, to prevent, prepare for, and respond to coronavirus, domestically or internationally, for the 2020 Federal election cycle: * Provided*, That a State receiving a payment with funds provided under this heading in this Act shall provide to the Election Assistance Commission, within 20 days of each election in the 2020 Federal election cycle in that State, a report that includes a full accounting of the State’s uses of the payment and an explanation of how such uses allowed the State to prevent, prepare for, and respond to coronavirus: * Provided further*, That, within 3 days of its receipt of a report required in the preceding proviso, the Election Assistance Commission will transmit the report to the Committee on Appropriations and the Committee on House Administration of the House of Representatives and the Committee on Appropriations and the Committee on Rules and Administration of the Senate: * Provided further*, That not later than 30 days after the date of enactment of this Act, the Election Assistance Commission shall make the payments to States under this heading: * Provided further*, That any portion of a payment made to a State with funds provided under this heading in this Act which is unobligated on December 31, 2020 shall be returned to the Treasury: * Provided further*, That such amount 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. ### Federal Communications Commission #### salaries and expenses For an additional amount for “Salaries and Expenses”, $200,000,000, to remain available until expended, to prevent, prepare for, and respond to coronavirus, domestically or internationally, including to support efforts of health care providers to address coronavirus by providing telecommunications services, information services, and devices necessary to enable the provision of telehealth services during an emergency period, as defined in section 1135(g)(1) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)): * Provided*, That the Federal Communications Commission may rely on the rules of the Commission under part 54 of title 47, Code of Federal Regulations, in administering the amount provided under the heading in this Act if the Commission determines that such administration is in the public interest: * Provided further*, That such amount 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. ### General Services Administration #### real property activities ##### federal buildings fund ###### (including transfers of funds) For an additional amount to be deposited in the “Federal Buildings Fund”, $275,000,000, to remain available until expended, to prevent, prepare for, and respond to coronavirus, domestically or internationally: * Provided*, That the amount provided under this heading in this Act may be used to reimburse the Fund for obligations incurred for this purpose prior to the date of the enactment of this Act: * Provided further*, That such amount may be transferred to, and merged with, accounts within the Federal Buildings Fund in amounts necessary to cover costs incurred to prevent, prepare for, and respond to coronavirus, domestically or internationally: * Provided further*, That the Administrator of General Services shall notify the Committees on Appropriations of the House of Representatives and the Senate quarterly on the obligations and expenditures of the funds provided by this Act by account of the Federal Buildings Fund: * Provided further*, That funds made available to the Administrator in this or any previous Act shall not be subject to section 3307 of title 40, United States Code, for the acquisition of space necessary to prevent, prepare for, or respond to coronavirus, domestically or internationally: * Provided further*, That no action taken by the Administrator to acquire real property and interests in real property or to improve real property in response to coronavirus shall be deemed a Federal action or undertaking and subject to review under the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.), or the National Historic Preservation Act of 1966, as amended (54 U.S.C. 300101 et seq.), respectively: * Provided further*, That such amount 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. #### general activities ##### federal citizen services fund ###### (including transfer of funds) For an additional amount to be deposited in the “Federal Citizen Services Fund”, $18,650,000, to remain available until expended, to prevent, prepare for, and respond to coronavirus, domestically or internationally: * Provided*, That such amount 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. ##### working capital fund For an additional amount for “Working Capital Fund”, $1,500,000, to remain available until expended, to prevent, prepare for, and respond to coronavirus, domestically or internationally: * Provided*, That such amount 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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