1937 
SEC. 281. ELECTION TO WAIVE APPLICATION OF CERTAIN 
MODIFICATIONS TO FARMING LOSSES. 
(a) IN GENERAL.—Section 2303 of the CARES Act is 
amended by adding at the end the following new subsection: 
‘‘(e) SPECIAL RULES WITH RESPECT TO FARMING 
LOSSES.— 
‘‘(1) ELECTION TO DISREGARD APPLICATION OF 
AMENDMENTS MADE BY SUBSECTIONS (a) AND (b).— 
‘‘(A) IN GENERAL.—If a taxpayer who has 
a farming loss (within the meaning of section 
172(b)(1)(B)(ii) of the Internal Revenue Code of 
1986) for any taxable year beginning in 2018, 
2019, or 2020 makes an election under this 
paragraph, then— 
‘‘(i) the amendments made by sub-
section (a) shall not apply to any taxable 
year beginning in 2018, 2019, or 2020, and 
‘‘(ii) the amendments made by sub-
section (b) shall not apply to any net oper-
ating loss arising in any taxable year be-
ginning in 2018, 2019, or 2020. 
‘‘(B) ELECTION.— 
‘‘(i) IN GENERAL.—Except as provided 
in clause (ii)(II), an election under this 
paragraph shall be made in such manner as 
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1938 
may be prescribed by the Secretary. Such 
election, once made, shall be irrevocable. 
‘‘(ii) TIME FOR MAKING ELECTION.— 
‘‘(I) IN
GENERAL.—An election 
under this paragraph shall be made by 
the due date (including extensions of 
time) for filing the taxpayer’s return 
for the taxpayer’s first taxable year 
ending after the date of the enactment 
of the COVID-related Tax Relief Act of 
2020. 
‘‘(II) 
PREVIOUSLY
FILED
RE-
TURNS.—In the case of any taxable 
year for which the taxpayer has filed a 
return of Federal income tax before the 
date of the enactment of the COVID-re-
lated Tax Relief Act of 2020 which dis-
regards the amendments made by sub-
sections (a) and (b), such taxpayer 
shall be treated as having made an 
election under this paragraph unless 
the taxpayer amends such return to re-
flect such amendments by the due date 
(including extensions of time) for filing 
the taxpayer’s return for the first tax-
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1939 
able year ending after the date of the 
enactment of the COVID-related Tax 
Relief Act of 2020. 
‘‘(C) REGULATIONS.—The Secretary of the 
Treasury (or the Secretary’s delegate) shall issue 
such regulations and other guidance as may be 
necessary to carry out the purposes of this para-
graph, including regulations and guidance relat-
ing to the application of the rules of section 
172(a) of the Internal Revenue Code of 1986 (as 
in effect before the date of the enactment of the 
CARES Act) to taxpayers making an election 
under this paragraph. 
‘‘(2) REVOCATION
OF
ELECTION
TO
WAIVE 
CARRYBACK.—The last sentence of section 172(b)(3) of 
the Internal Revenue Code of 1986 and the last sen-
tence of section 172(b)(1)(B) of such Code shall not 
apply to any election— 
‘‘(A) which was made before the date of the 
enactment of the COVID-related Tax Relief Act 
of 2020, and 
‘‘(B) which relates to the carryback period 
provided under section 172(b)(1)(B) of such Code 
with respect to any net operating loss arising in 
taxable years beginning in 2018 or 2019.’’. 
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1957 
‘‘(A) would be entitled to receive paid leave 
during the taxable year pursuant to the Emer-
gency Paid Sick Leave Act if the individual were 
an employee of an employer (other than himself 
or herself), or 
‘‘(B) would be so entitled if— 
‘‘(i) such Act were applied by sub-
stituting ‘March 31, 2021’ for ‘December 31, 
2020’ in section 5109 thereof, and 
‘‘(ii) the individual were an employee 
of an employer (other than himself or her-
self).’’. 
(3) PAYROLL CREDIT FOR PAID FAMILY LEAVE.— 
Section 7003(c) of the Families First Coronavirus Re-
sponse Act is amended by striking ‘‘paid by an em-
ployer which’’ and all that follows and inserting 
‘‘paid by an employer— 
‘‘(1) which are required to be paid by reason of 
the Emergency Family and Medical Leave Expansion 
Act (including the amendments made by such Act), or 
‘‘(2) both— 
‘‘(A) which would be so required to be paid 
if section 102(a)(1)(F) of the Family and Med-
ical Leave Act of 1993, as amended by the Emer-
gency Family and Medical Leave Expansion 
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1996 
‘not more than 500 employees’ in para-
graph (36)(D)(iii). 
‘‘(E) WAIVER OF AFFILIATION RULES.— 
‘‘(i) IN
GENERAL.—The waiver de-
scribed in paragraph (36)(D)(iv) shall 
apply for purposes of determining eligi-
bility under this paragraph. 
‘‘(ii) SIZE LIMIT.—For purposes of ap-
plying clause (i), the Administrator shall 
substitute ‘not more than 300 employees’ for 
‘not more than 500 employees’ in subclause 
(I) and (IV) of paragraph (36)(D)(iv). 
‘‘(F) LOAN NUMBER LIMITATION.—An eligi-
ble entity may only receive 1 covered loan. 
‘‘(G) EXCEPTION FROM CERTAIN CERTIFI-
CATION REQUIREMENTS.—An eligible entity ap-
plying for a covered loan shall not be required 
to make the certification described in clause (iii) 
or (iv) of paragraph (36)(G). 
‘‘(H) FEE WAIVER.—With respect to a cov-
ered loan— 
‘‘(i) in lieu of the fee otherwise appli-
cable under paragraph (23)(A), the Admin-
istrator shall collect no fee; and 
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2137 
or contractor between October 1, 2020, and the 
date such passenger air carrier or contractor en-
ters into an agreement with the Secretary with 
respect to financial assistance under this subtitle; 
(B) compensate returning employees for lost 
pay and benefits (offset by any amounts received 
by the employee from a passenger air carrier or 
contractor as a result of the employee’s furlough, 
including, but not limited to, furlough pay, sev-
erance pay, or separation pay) between— 
(i) in the case of a passenger air car-
rier, December 1, 2020, and the date on 
which such passenger air carrier enters into 
an agreement with the Secretary with re-
spect to financial assistance under this sub-
title; or 
(ii) in the case of a contractor, the date 
of enactment of this subtitle and the date on 
which such contractor enters into an agree-
ment with the Secretary with respect to fi-
nancial assistance under this subtitle; and 
(C) restore the rights and protections for 
such returning employees as if such employees 
had not been involuntarily furloughed. 
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2458 
torney who has not fewer than 3 years of sub-
stantial experience in copyright law. 
‘‘(4) COMPENSATION.— 
‘‘(A) COPYRIGHT CLAIMS OFFICERS.— 
‘‘(i) DEFINITION.—In this subpara-
graph, the term ‘senior level employee of the 
Federal Government’ means an employee, 
other than an employee in the Senior Exec-
utive Service, the position of whom is classi-
fied above GS–15 of the General Schedule. 
‘‘(ii) PAY
RANGE.—Each Copyright 
Claims Officer shall be compensated at a 
rate of pay that is not less than the min-
imum, and not more than the maximum, 
rate of pay payable for senior level employ-
ees of the Federal Government, including lo-
cality pay, as applicable. 
‘‘(B) COPYRIGHT
CLAIMS
ATTORNEYS.— 
Each Copyright Claims Attorney shall be com-
pensated at a rate of pay that is not more than 
the maximum rate of pay payable for level 10 of 
GS–15 of the General Schedule, including local-
ity pay, as applicable. 
‘‘(5) TERMS.— 
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2712 
cated for the purpose of establishing a wom-
en’s history museum; and 
(iii) scholars and representatives of or-
ganizations that are committed to the study 
of women’s history. 
(3) INITIAL APPOINTMENTS.—The Board of Re-
gents shall make initial appointments to the Council 
under paragraph (2) not later than 180 days after the 
date of the enactment of this Act. 
(d) TERMS.— 
(1) IN GENERAL.—Except as provided in this 
subsection, each appointed member of the Council 
shall be appointed for a term of 3 years. 
(2) INITIAL APPOINTEES.—As designated by the 
Board of Regents at the time of appointment, of the 
voting members first appointed under subparagraph 
(G) of subsection (c)(2)— 
(A) 7 members shall be appointed for a 
term of 1 year; 
(B) 6 members shall be appointed for a 
term of 2 years; and 
(C) 6 members shall be appointed for a 
term of 3 years. 
(3) REAPPOINTMENT.—A member of the Council 
may be reappointed, except that no individual may 
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