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RECOVERY Act — S. 4537, 116th Congress, 2d Session (To provide for economic recovery, and for other purposes)

Summary

S. 4537, the RECOVERY Act, was introduced in the Senate of the United States on September 8, 2020 by Mr. Cruz and referred to the Committee on Finance. It is a bill to provide for economic recovery. The table of contents begins with Title I, safely returning people to work, whose Subtitle A on workplace safety lists a tax credit for employee testing for COVID-19, a right to test, and a safe and healthy workplace tax credit. Subtitle B is titled Coronavirus Liability Relief and has liability limitations for individuals and entities and for health care providers. The text also lists Federal Reserve facilities, including the Paycheck Protection Program Liquidity Facility.

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“RECOVERY Act — S. 4537, 116th Congress, 2d Session (To provide for economic recovery, and for other purposes).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s4537is-bills-116s4537is/, SHA-256 56eda1db538ca155a49733c3aa457fe11fddac973cd878fd1cf517249d34d1e4.

Full text

                                                                                                                                                                          II




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                              S. 4537
                                                                                       To provide for economic recovery, and for other purposes.




                                                                                   IN THE SENATE OF THE UNITED STATES
                                                                                                    SEPTEMBER 8, 2020
                                                                         Mr. CRUZ introduced the following bill; which was read twice and referred to
                                                                                                the Committee on Finance




                                                                                                                 A BILL
                                                                           To provide for economic recovery, and for other purposes.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE, ETC.

                                                                         4              (a) SHORT TITLE.—This Act may be cited as the
                                                                         5 ‘‘Reinvigorating the Economy, Creating Opportunity for
                                                                         6 every Vocation, Employer, Retiree & Youth Act’’ or the
                                                                         7 ‘‘RECOVERY Act’’.
                                                                         8              (b) TABLE OF CONTENTS.—The table of contents of
                                                                         9 this Act is as follows:
                                                                               Sec. 1. Short title, etc.




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                                                                                   TITLE I—SAFELY RETURNING PEOPLE TO WORK: EMPLOYMENT
                                                                                                    AND THE WORKPLACE

                                                                                                                Subtitle A—Workplace Safety



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                                                                               Sec. 101. Establishment of tax credit for employee testing for COVID–19.
                                                                               Sec. 102. Right to test.
                                                                               Sec. 103. Safe and healthy workplace tax credit.
                                                                               Sec. 104. Improvements to the pandemic emergency unemployment compensa-
                                                                                                tion program.
                                                                               Sec. 105. Income exclusion for certain amounts received in 2020.
                                                                               Sec. 106. Inclusion of equipment, systems, and technologies to combat the
                                                                                                spread of pathogens in the definition of airport development of
                                                                                                a public-use airport.

                                                                                                           Subtitle B—Coronavirus Liability Relief

                                                                               Sec. 111. Short title.
                                                                               Sec. 112. Findings and purposes.
                                                                               Sec. 113. Definitions.

                                                                                                                 PART I—LIABILITY RELIEF

                                                                                     SUBPART A—LIABILITY LIMITATIONS FOR INDIVIDUALS AND ENTITIES
                                                                                    ENGAGED IN BUSINESSES, SERVICES, ACTIVITIES, OR ACCOMMODATIONS

                                                                               Sec. 121. Application of subpart.
                                                                               Sec. 122. Liability; safe harbor.

                                                                                      SUBPART B—LIABILITY LIMITATIONS FOR HEALTH CARE PROVIDERS

                                                                               Sec. 131. Application of subpart.
                                                                               Sec. 132. Liability for health care professionals and health care facilities during
                                                                                                coronavirus public health emergency.

                                                                               SUBPART C—SUBSTANTIVE AND PROCEDURAL PROVISIONS FOR CORONAVIRUS-
                                                                                                               RELATED ACTIONS GENERALLY

                                                                               Sec. 141. Jurisdiction.
                                                                               Sec. 142. Limitations on suits.
                                                                               Sec. 143. Procedures for suit in district courts of the United States.
                                                                               Sec. 144. Demand letters; cause of action.

                                                                                            SUBPART D—RELATION TO LABOR AND EMPLOYMENT LAWS

                                                                               Sec. 151. Limitation on violations under specific laws.
                                                                               Sec. 152. Liability for conducting testing at workplace.
                                                                               Sec. 153. Joint employment and independent contracting.
                                                                               Sec. 154. Exclusion of certain notification requirements as a result of the
                                                                                                COVID–19 public health emergency.

                                                                                                                       PART II—PRODUCTS

                                                                               Sec. 161. Applicability of the targeted liability protections for pandemic and
                                                                                               epidemic products and security countermeasures with respect
                                                                                               to COVID–19.

                                                                                                              PART III—GENERAL PROVISIONS




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                                                                               Sec. 171. Severability.

                                                                                   TITLE II—THE NEXT GREAT AMERICAN ECONOMIC RECOVERY:
                                                                                                       JOB CREATION


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                                                                               Sec. 201. Expensing of certain property.
                                                                               Sec. 202. Temporary suspension of payroll taxes.
                                                                               Sec. 203. Onshoring Rare Earths Act.
                                                                               Sec. 204. Eligibility of 501(c)(6) organizations for loans under the paycheck
                                                                                                protection program.
                                                                               Sec. 205. LIFT UP Act.
                                                                               Sec. 206. REINS Act.
                                                                               Sec. 207. Bank Regulatory Relief.
                                                                               Sec. 208. Congressional review for coronavirus regulations.
                                                                               Sec. 209. BEAT CHINA Act.
                                                                               Sec. 210. Funding for SPR Petroleum Account.
                                                                               Sec. 211. Expansion of research credit for qualified small businesses.
                                                                               Sec. 212. Extension of aviation excise tax holiday.

                                                                                   TITLE III—ESTABLISHING LONG-TERM RETIREMENT SECURITY

                                                                               Sec. 301. Allowance of delay in making 2020 retirement contributions.
                                                                               Sec. 302. Conversion of certain 2020 distributions to qualified loans for pur-
                                                                                               poses of CARES Act.
                                                                               Sec. 303. Indexing of certain assets for purposes of determining gain or loss.
                                                                               Sec. 304. Retirement freedom.

                                                                                   TITLE IV—FOR OUR CHILDREN: SAFELY RETURNING KIDS TO
                                                                                                         SCHOOL

                                                                               Sec. 401. Education Freedom Scholarships and Opportunity.
                                                                               Sec. 402. Helping parents educate children during the coronavirus pandemic.
                                                                               Sec. 403. Safe School Student Protective Equipment Tax Credit.

                                                                                   TITLE V—DRIVING COVID CURES & TREATMENT INNOVATION

                                                                               Sec. 501. Results for coronavirus patients.
                                                                               Sec. 502. Equal access to care.
                                                                               Sec. 503. Pandemic health care access.
                                                                               Sec. 504. Bilateral cooperative agreement.
                                                                               Sec. 505. Price transparency requirements.
                                                                               Sec. 506. Affordable health care options.
                                                                               Sec. 507. Increasing access to tax-free care.
                                                                               Sec. 508. Access to direct medical care.

                                                                                                              TITLE VI—MISCELLANEOUS

                                                                               Sec. 601. Preventing discrimination against religious individuals and institu-
                                                                                               tions.
                                                                               Sec. 602. RECLAIM Act.
                                                                               Sec. 603. Above-the-line deduction for charitable contributions for individuals
                                                                                               not itemizing deductions.
                                                                               Sec. 604. Sunset of CARES Act spending.
                                                                               Sec. 605. Sunset of programs and facilities of the Federal Reserve.




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                                                                         1 TITLE I—SAFELY RETURNING
                                                                         2    PEOPLE TO WORK: EMPLOY-
                                                                         3    MENT AND THE WORKPLACE
                                                                         4    Subtitle A—Workplace Safety
                                                                         5     SEC. 101. ESTABLISHMENT OF TAX CREDIT FOR EMPLOYEE

                                                                         6                             TESTING FOR COVID–19.

                                                                         7              (a) IN GENERAL.—For purposes of section 38 of the
                                                                         8 Internal Revenue Code of 1986, the COVID–19 employee
                                                                         9 testing credit shall be treated as a credit listed at the end
                                                                       10 of subsection (b) of such section. For purposes of this sub-
                                                                       11 section, the COVID–19 employee testing credit is an
                                                                       12 amount equal to the product of—
                                                                       13                        (1) the number of qualified COVID–19 tests
                                                                       14               administered to any employee of the taxpayer after
                                                                       15               the date of enactment of this Act and before Janu-
                                                                       16               ary 1, 2021; and
                                                                       17                        (2) $150.
                                                                       18               (b) LIMITATION.—For purposes of paragraph (1) of
                                                                       19 subsection (a), the credit allowed under such subsection
                                                                       20 shall not include any tests which are in excess of one quali-
                                                                       21 fied COVID–19 test for each employee for every 2 cal-
                                                                       22 endar weeks during calendar year 2020.
                                                                       23               (c) QUALIFIED COVID–19 TEST.—




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                                                                       24                        (1) IN GENERAL.—For purposes of this section,
                                                                       25               the term ‘‘qualified COVID–19 test’’ means—


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                                                                         1                                 (A) any diagnostic test for the detection of
                                                                         2                       the virus SARS–CoV–2 or coronavirus disease
                                                                         3                       2019 (COVID–19); or
                                                                         4                                 (B) any serology test for the detection of
                                                                         5                       antibodies to such virus,
                                                                         6              which has been cleared or approved by the Food and
                                                                         7              Drug Administration or by the public health depart-
                                                                         8              ment of a State (or such other State entity as des-
                                                                         9              ignated by the governor of the State) for such pur-
                                                                       10               pose and which is not provided to an employee after
                                                                       11               the date on which such employee has tested positive
                                                                       12               for the virus described in subparagraph (A) or the
                                                                       13               antibodies described in subparagraph (B).
                                                                       14                        (2) DEFINITIONS.—For purposes of this sec-
                                                                       15               tion—
                                                                       16                                  (A) COVID–19.—References to COVID–
                                                                       17                        19 include a reference to any other coronavirus
                                                                       18                        with pandemic potential.
                                                                       19                                  (B) EMPLOYEE, EMPLOYER.—The terms
                                                                       20                        ‘‘employee’’ and ‘‘employer’’ have the respective
                                                                       21                        meanings given such terms in section 101 of
                                                                       22                        the Americans with Disabilities Act of 1990 (42
                                                                       23                        U.S.C. 12111).




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                                                                       24                        (3) CLARIFICATION.—A qualified COVID–19
                                                                       25               test shall be considered to be a medical examination


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                                                                         1              that is job-related and consistent with business ne-
                                                                         2              cessity, for purposes of section 102(d) of the Ameri-
                                                                         3              cans with Disabilities Act of 1990 (42 U.S.C.
                                                                         4              12112(d)). It shall not be unlawful under section
                                                                         5              102(a) of such Act (42 U.S.C. 12112(d)) for an em-
                                                                         6              ployer to require such a test of an employee.
                                                                         7              (d) ALLOWANCE OF DEDUCTION.—Nothing in this
                                                                         8 section or the Internal Revenue Code of 1986 shall pro-
                                                                         9 hibit any deduction which is otherwise allowable with re-
                                                                       10 spect to any expense incurred by the taxpayer for the ac-
                                                                       11 quisition or purchase of any COVID–19 test which is
                                                                       12 taken into account under subsection (a).
                                                                       13      SEC. 102. RIGHT TO TEST.

                                                                       14               (a) IN GENERAL.—Notwithstanding chapter V of the
                                                                       15 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351
                                                                       16 et seq.) and section 353 of the Public Health Service Act
                                                                       17 (42 U.S.C. 263a), during any public health emergency de-
                                                                       18 clared by the Secretary of Health and Human Services
                                                                       19 (referred to in this section as the ‘‘Secretary’’) under sec-
                                                                       20 tion 319 of the Public Health Service Act (42 U.S.C.
                                                                       21 247d) or by a State in accordance with the law of the
                                                                       22 State, the public health department of such State (or such
                                                                       23 other State entity as designated by the governor of the




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                                                                       24 State) may clear or approve diagnostic tests or diagnostic




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                                                                         1 devices, for use in that State during the applicable public
                                                                         2 health emergency only.
                                                                         3              (b) APPLICATION.—An approval or clearance pursu-
                                                                         4 ant to subsection (a) may—
                                                                         5                       (1) allow for the preparation, compounding, as-
                                                                         6              sembly,            propagation,               manufacture,                 development,
                                                                         7              sale, distribution, or use of a specified diagnostic
                                                                         8              test or diagnostic device to address the health diag-
                                                                         9              nostic needs of the State during the public health
                                                                       10               emergency;
                                                                       11                        (2) apply to a diagnostic test or diagnostic de-
                                                                       12               vice needed to address the health diagnostic needs of
                                                                       13               the State during the public health emergency, as de-
                                                                       14               termined by the State, including, but not limited to,
                                                                       15               a test or device that uses reagents or swabbing (in-
                                                                       16               cluding self-swab);
                                                                       17                        (3) apply to the testing of patients if the State
                                                                       18               certifies that the test can be validated, as deter-
                                                                       19               mined by the State; and
                                                                       20                        (4) apply to laboratory-developed tests per-
                                                                       21               formed by laboratories and hospitals certified under
                                                                       22               section 353 of the Public Health Service Act (42
                                                                       23               U.S.C. 263a), and to such tests performed by clin-




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                                                                       24               ical laboratory companies.
                                                                       25               (c) SUSPENSION ENFORCEMENT BY FDA.—


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                                                                         1                       (1) IN GENERAL.—Except as provided in para-
                                                                         2              graph (1), with respect to a diagnostic test or diag-
                                                                         3              nostic device approved or cleared by a State pursu-
                                                                         4              ant to subsection (a), the Secretary may not, for the
                                                                         5              duration of the applicable public health emergency
                                                                         6              engage in any enforcement action—
                                                                         7                                 (A) with respect to the test or device, to
                                                                         8                       the extent that such test or device is distributed
                                                                         9                       and used within the State granting the approval
                                                                       10                        or clearance in accordance with the require-
                                                                       11                        ments of the State;
                                                                       12                                  (B) against a State or State entity that
                                                                       13                        clears or approves the test or device in accord-
                                                                       14                        ance with this section; or
                                                                       15                                  (C) against any State, entity of a State,
                                                                       16                        health care provider, health care facility, labora-
                                                                       17                        tory, educational institution, manufacturer, or
                                                                       18                        distributor that prepares, propagates, com-
                                                                       19                        pounds, assembles, or processes a diagnostic
                                                                       20                        test or diagnostic device by chemical, physical,
                                                                       21                        biological, or other procedure for such test or
                                                                       22                        device or develops, manufactures, distributes,
                                                                       23                        sells, administers, or evaluates such test—




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                                                                         1                                        (i) within the applicable State in ac-
                                                                         2                                 cordance with the requirements of the
                                                                         3                                 State; or
                                                                         4                                        (ii) for the applicable State or individ-
                                                                         5                                 uals or entities that are located within the
                                                                         6                                 applicable State.
                                                                         7                       (2) EXCEPTION.—The provisions of paragraph
                                                                         8              (1) shall not apply with respect to a State if the gov-
                                                                         9              ernor of the State requests that enforcement con-
                                                                       10               tinue in the State during the public health emer-
                                                                       11               gency.
                                                                       12               (d) ACTION BY FDA AFTER PUBLIC HEALTH EMER-
                                                                       13      GENCY.—Not later than 180 days after the end of any

                                                                       14 public health emergency under which a State exercises its
                                                                       15 authority under subsection (a) with respect to a diagnostic
                                                                       16 test or diagnostic device, if the Food and Drug Adminis-
                                                                       17 tration has not cleared or approved such test or device
                                                                       18 under chapter V of the Federal Food, Drug, and Cosmetic
                                                                       19 Act, the Secretary shall review and make a final deter-
                                                                       20 mination, within such 180-day period, with respect to such
                                                                       21 test or device for clearance or approval.
                                                                       22               (e) DIAGNOSTIC TESTS                                  AND       DIAGNOSTIC DE-
                                                                       23      VICES.—In this section, the terms ‘‘diagnostic test’’ and




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                                                                       24 ‘‘diagnostic device’’ include in vitro diagnostic products,
                                                                       25 laboratory developed tests, viral tests, serological and anti-


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                                                                         1 body tests, and any other test used to identify, analyze,
                                                                         2 or investigate a disease.
                                                                         3     SEC. 103. SAFE AND HEALTHY WORKPLACE TAX CREDIT.

                                                                         4              (a) IN GENERAL.—In the case of an employer, there
                                                                         5 shall be allowed as a credit against applicable employment
                                                                         6 taxes for each calendar quarter an amount equal to 50
                                                                         7 percent of the sum of—
                                                                         8                       (1) the qualified employee protection expenses,
                                                                         9                       (2) the qualified workplace reconfiguration ex-
                                                                       10               penses, and
                                                                       11                        (3) the qualified workplace technology expenses,
                                                                       12 paid or incurred by the employer during such calendar
                                                                       13 quarter.
                                                                       14               (b) LIMITATIONS AND REFUNDABILITY.—
                                                                       15                        (1) OVERALL DOLLAR LIMITATION ON CRED-
                                                                       16               IT.—

                                                                       17                                  (A) IN          GENERAL.—The                      amount of the
                                                                       18                        credit allowed under subsection (a) with respect
                                                                       19                        to any employer for any calendar quarter shall
                                                                       20                        not exceed the excess (if any) of—
                                                                       21                                         (i) the applicable dollar limit with re-
                                                                       22                                  spect to such employer for such calendar
                                                                       23                                  quarter, over




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                                                                       24                                         (ii) the aggregate credits allowed
                                                                       25                                  under subsection (a) with respect to such


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                                                                         1                                 employer for all preceding calendar quar-
                                                                         2                                 ters.
                                                                         3                                 (B) APPLICABLE                       DOLLAR             LIMIT.—The

                                                                         4                       term ‘‘applicable dollar limit’’ means, with re-
                                                                         5                       spect to any employer for any calendar quarter,
                                                                         6                       the sum of—
                                                                         7                                         (i) $1,000, multiplied by the average
                                                                         8                                 number of employees employed by such
                                                                         9                                 employer during such calendar quarter not
                                                                       10                                  in excess of 500, plus
                                                                       11                                          (ii) $750, multiplied by such average
                                                                       12                                  number of employees in excess of 500 but
                                                                       13                                  not in excess of 1,000, plus
                                                                       14                                          (iii) $500, multiplied by such average
                                                                       15                                  number of employees in excess of 1,000.
                                                                       16                        (2)        CREDIT                LIMITED             TO          EMPLOYMENT

                                                                       17               TAXES.—The credit allowed by subsection (a) with

                                                                       18               respect to any calendar quarter shall not exceed the
                                                                       19               applicable employment taxes (reduced by any credits
                                                                       20               allowed under subsections (e) and (f) of section
                                                                       21               3111 of the Internal Revenue Code of 1986, sections
                                                                       22               7001 and 7003 of the Families First Coronavirus
                                                                       23               Response Act, and section 2301 of the CARES Act)




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                                                                       24               on the wages paid with respect to the employment




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                                                                         1              of all the employees of the employer for such cal-
                                                                         2              endar quarter.
                                                                         3                       (3) REFUNDABILITY OF EXCESS CREDIT.—
                                                                         4                                 (A) IN GENERAL.—If the amount of the
                                                                         5                       credit under subsection (a) exceeds the limita-
                                                                         6                       tion of paragraph (2) for any calendar quarter,
                                                                         7                       such excess shall be treated as an overpayment
                                                                         8                       that shall be refunded under sections 6402(a)
                                                                         9                       and 6413(b) of the Internal Revenue Code of
                                                                       10                        1986.
                                                                       11                                  (B) TREATMENT OF PAYMENTS.—For pur-
                                                                       12                        poses of section 1324 of title 31, United States
                                                                       13                        Code, any amounts due to the employer under
                                                                       14                        this paragraph shall be treated in the same
                                                                       15                        manner as a refund due from a credit provision
                                                                       16                        referred to in subsection (b)(2) of such section.
                                                                       17               (c)        QUALIFIED                EMPLOYEE                  PROTECTION          EX-
                                                                       18      PENSES.—For purposes of this section, the term ‘‘quali-

                                                                       19 fied employee protection expenses’’ means amounts paid
                                                                       20 or incurred by the employer for—
                                                                       21                        (1) equipment to protect employees and cus-
                                                                       22               tomers of the employer from contracting COVID–19,
                                                                       23               including masks, gloves, and disinfectants, and




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                                                                       24                        (2) cleaning products or services related to pre-
                                                                       25               venting the spread of COVID–19.


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                                                                         1 Such term shall not include any expense for which the
                                                                         2 COVID–19 employee testing credit under section 101 is
                                                                         3 allowed.
                                                                         4              (d) QUALIFIED WORKPLACE RECONFIGURATION EX-
                                                                         5     PENSES.—For purposes of this section—

                                                                         6                       (1) IN GENERAL.—The term ‘‘qualified work-
                                                                         7              place reconfiguration expenses’’ means amounts paid
                                                                         8              or incurred by the employer to design and recon-
                                                                         9              figure retail space, work areas, break areas, or other
                                                                       10               areas that employees or customers regularly use in
                                                                       11               the ordinary course of the employer’s trade or busi-
                                                                       12               ness if such design and reconfiguration—
                                                                       13                                  (A) has a primary purpose of preventing
                                                                       14                        the spread of COVID–19,
                                                                       15                                  (B) is with respect to tangible property
                                                                       16                        (within the meaning of section 168 of the Inter-
                                                                       17                        nal Revenue Code of 1986) which is located in
                                                                       18                        the United States and which is leased or owned
                                                                       19                        by the employer,
                                                                       20                                  (C) is commensurate with the risks faced
                                                                       21                        by the employees or customers, or is consistent
                                                                       22                        with recommendations made by the Centers for
                                                                       23                        Disease Control and Prevention or the Occupa-




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                                                                       24                        tional Safety and Health Administration,




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                                                                         1                                 (D) is completed pursuant to a reconfig-
                                                                         2                       uration (or similar) plan that was not in place
                                                                         3                       before March 13, 2020, and
                                                                         4                                 (E) is completed before January 1, 2021.
                                                                         5                       (2) REGULATIONS.—The Secretary shall pre-
                                                                         6              scribe such regulations and other guidance as may
                                                                         7              be necessary or appropriate to carry out the pur-
                                                                         8              poses of this subsection, including guidance defining
                                                                         9              primary purpose and reconfiguration plan.
                                                                       10               (e) QUALIFIED WORKPLACE TECHNOLOGY EX-
                                                                       11      PENSES.—For purposes of this section—

                                                                       12                        (1) IN GENERAL.—The term ‘‘qualified work-
                                                                       13               place technology expenses’’ means amounts paid or
                                                                       14               incurred by the employer for technology systems
                                                                       15               that employees or customers use in the ordinary
                                                                       16               course of the employer’s trade or business if such
                                                                       17               technology system—
                                                                       18                                  (A) has a primary purpose of preventing
                                                                       19                        the spread of COVID–19,
                                                                       20                                  (B) is used for limiting physical contact
                                                                       21                        between customers and employees in the United
                                                                       22                        States,
                                                                       23                                  (C) is commensurate with the risks faced




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                                                                       24                        by the employees or customers, or is consistent
                                                                       25                        with recommendations made by the Centers for


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                                                                         1                       Disease Control and Prevention or the Occupa-
                                                                         2                       tional Safety and Health Administration,
                                                                         3                                 (D) is not acquired by the employer pursu-
                                                                         4                       ant to a plan that was in place before March
                                                                         5                       13, 2020, and
                                                                         6                                 (E) is placed in service by the employer be-
                                                                         7                       fore January 1, 2021.
                                                                         8                       (2) TECHNOLOGY SYSTEMS.—The term ‘‘tech-
                                                                         9              nology systems’’ means computer software (as de-
                                                                       10               fined in section 167(f)(1) of the Internal Revenue
                                                                       11               Code of 1986) and qualified technological equipment
                                                                       12               (as defined in section 168(i)(2) of such Code).
                                                                       13                        (3) REGULATIONS.—The Secretary shall pre-
                                                                       14               scribe such regulations and other guidance as may
                                                                       15               be necessary or appropriate to carry out the pur-
                                                                       16               poses of this subsection, including guidance defining
                                                                       17               the terms ‘‘primary purpose’’ and ‘‘plan’’.
                                                                       18               (f) OTHER DEFINITIONS.—For purposes of this sec-
                                                                       19 tion—
                                                                       20                        (1) APPLICABLE                      EMPLOYMENT                   TAXES.—The

                                                                       21               term ‘‘applicable employment taxes’’ means the fol-
                                                                       22               lowing:
                                                                       23                                  (A) The taxes imposed under section




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                                                                       24                        3111(a) of the Internal Revenue Code of 1986.




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                                                                         1                                 (B) So much of the taxes imposed under
                                                                         2                       section 3221(a) of such Code as are attrib-
                                                                         3                       utable to the rate in effect under section
                                                                         4                       3111(a) of such Code.
                                                                         5                       (2) COVID–19.—Except where the context
                                                                         6              clearly indicates otherwise, any reference in this sec-
                                                                         7              tion to COVID–19 shall be treated as including a
                                                                         8              reference to the virus which causes COVID–19.
                                                                         9                       (3) SECRETARY.—The term ‘‘Secretary’’ means
                                                                       10               the Secretary of the Treasury or such Secretary’s
                                                                       11               delegate.
                                                                       12                        (4) OTHER TERMS.—Any term used in this sec-
                                                                       13               tion which is also used in chapter 21 or 22 of the
                                                                       14               Internal Revenue Code of 1986 shall have the same
                                                                       15               meaning as when used in such chapter.
                                                                       16               (g) CERTAIN GOVERNMENTAL EMPLOYERS.—This
                                                                       17 section shall not apply to the Government of the United
                                                                       18 States, the government of any State or political subdivi-
                                                                       19 sion thereof, or any agency or instrumentality of any of
                                                                       20 the foregoing.
                                                                       21               (h) RULES RELATING TO EMPLOYER, ETC.—
                                                                       22                        (1) AGGREGATION RULE.—All persons treated
                                                                       23               as a single employer under subsection (a) or (b) of




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                                                                       24               section 52 of the Internal Revenue Code of 1986, or
                                                                       25               subsection (m) or (o) of section 414 of such Code,


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                                                                         1              shall be treated as one employer for purposes of this
                                                                         2              section.
                                                                         3                       (2) THIRD-PARTY PAYORS.—Any credit allowed
                                                                         4              under subsection (a) shall be treated as a credit de-
                                                                         5              scribed in section 3511(d)(2) of such Code.
                                                                         6              (i) TREATMENT OF DEPOSITS.—The Secretary shall
                                                                         7 waive any penalty under section 6656 of the Internal Rev-
                                                                         8 enue Code of 1986 for any failure to make a deposit of
                                                                         9 any applicable employment taxes if the Secretary deter-
                                                                       10 mines that such failure was due to the reasonable anticipa-
                                                                       11 tion of the credit allowed under subsection (a).
                                                                       12               (j) CREDIT FOR SELF-EMPLOYED INDIVIDUALS.—
                                                                       13                        (1) IN GENERAL.—In the case of a self-em-
                                                                       14               ployed individual, there shall be allowed as a credit
                                                                       15               against the tax imposed by subtitle A of the Internal
                                                                       16               Revenue Code of 1986 for any taxable year an
                                                                       17               amount equal to 50 percent of the sum of—
                                                                       18                                  (A) the qualified employee protection ex-
                                                                       19                        penses (as determined by treating the self-em-
                                                                       20                        ployed individual both as the employer and an
                                                                       21                        employee),
                                                                       22                                  (B) the qualified workplace reconfiguration
                                                                       23                        expenses (as so determined), and




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                                                                       24                                  (C) the qualified workplace technology ex-
                                                                       25                        penses (as so determined),


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                                                                         1              paid or incurred by the individual during such tax-
                                                                         2              able year.
                                                                         3                       (2) LIMITATION.—The amount of the credit al-
                                                                         4              lowed under paragraph (1) with respect to any self-
                                                                         5              employed individual for any taxable year shall not
                                                                         6              exceed $500.
                                                                         7                       (3) REFUNDABILITY.—
                                                                         8                                 (A) IN GENERAL.—The credit determined
                                                                         9                       under paragraph (1) shall be treated as a credit
                                                                       10                        allowed to the taxpayer under subpart C of part
                                                                       11                        IV of subchapter A of chapter 1 of such Code.
                                                                       12                                  (B) TREATMENT OF PAYMENTS.—For pur-
                                                                       13                        poses of section 1324 of title 31, United States
                                                                       14                        Code, any refund due from the credit deter-
                                                                       15                        mined under paragraph (1) shall be treated in
                                                                       16                        the same manner as a refund due from a credit
                                                                       17                        provision referred to in subsection (b)(2) of
                                                                       18                        such section.
                                                                       19                        (4) SELF-EMPLOYED INDIVIDUAL.—
                                                                       20                                  (A) IN GENERAL.—For purposes of this
                                                                       21                        section, the term ‘‘self-employed individual’’
                                                                       22                        means an individual who regularly carries on
                                                                       23                        any trade or business within the meaning of




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                                                                       24                        section 1402 of the Internal Revenue Code of




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                                                                         1                       1986, other than any such trade or business
                                                                         2                       which is carried on by a partnership.
                                                                         3                                 (B) DOCUMENTATION.—No credit shall be
                                                                         4                       allowed under paragraph (1) to any individual
                                                                         5                       unless the individual maintains such docu-
                                                                         6                       mentation as the Secretary may prescribe to es-
                                                                         7                       tablish such individual as an eligible self-em-
                                                                         8                       ployed individual.
                                                                         9              (k) SPECIAL RULES.—
                                                                       10                        (1) DENIAL OF DOUBLE BENEFIT.—For pur-
                                                                       11               poses of this section—
                                                                       12                                  (A) IN GENERAL.—Any deduction or other
                                                                       13                        credit otherwise allowable under any provision
                                                                       14                        of the Internal Revenue Code of 1986 with re-
                                                                       15                        spect to any expense for which a credit is al-
                                                                       16                        lowed under this section shall be reduced by the
                                                                       17                        amount of the credit under this section with re-
                                                                       18                        spect to such expense.
                                                                       19                                  (B) BASIS ADJUSTMENT.—If a credit is al-
                                                                       20                        lowed under this section with respect to any
                                                                       21                        property of a character which is subject to the
                                                                       22                        allowance for depreciation under section 167 of
                                                                       23                        such Code, the basis of such property shall be




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                                                                       24                        reduced by the amount of the credit so allowed,
                                                                       25                        and such reduction shall be taken into account


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                                                                         1                       before determining the amount of any allowance
                                                                         2                       for depreciation with respect to such property
                                                                         3                       for purposes of such Code.
                                                                         4                                 (C) EXPENSES NOT TAKEN INTO ACCOUNT
                                                                         5                       MORE THAN ONCE.—The                                 same expense shall
                                                                         6                       not be treated as described in more than one
                                                                         7                       paragraph of subsection (a) or more than one
                                                                         8                       subparagraph of subsection (j)(1), whichever is
                                                                         9                       applicable.
                                                                       10                                  (D) EMPLOYER                       OR      SELF-EMPLOYMENT

                                                                       11                        CREDIT           ALLOWED.—The                        credit under sub-
                                                                       12                        section (a) and the credit for self-employed indi-
                                                                       13                        viduals under subsection (j) shall not apply to
                                                                       14                        the same taxpayer.
                                                                       15                        (2) ELECTION NOT TO HAVE SECTION APPLY.—
                                                                       16               This section shall not apply with respect to any em-
                                                                       17               ployer for any calendar quarter, or with respect to
                                                                       18               any self-employed individual for any taxable year, if
                                                                       19               such employer or self-employed individual elects (at
                                                                       20               such time and in such manner as the Secretary may
                                                                       21               prescribe) not to have this section apply.
                                                                       22               (l) TRANSFERS TO CERTAIN TRUST FUNDS.—There
                                                                       23 are hereby appropriated to the Federal Old-Age and Sur-




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                                                                       24 vivors Insurance Trust Fund and the Federal Disability
                                                                       25 Insurance Trust Fund established under section 201 of


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                                                                         1 the Social Security Act (42 U.S.C. 401) and the Social
                                                                         2 Security Equivalent Benefit Account established under
                                                                         3 section 15A(a) of the Railroad Retirement Act of 1974
                                                                         4 (45 U.S.C. 231n–1(a)) amounts equal to the reduction in
                                                                         5 revenues to the Treasury by reason of this section (without
                                                                         6 regard to this subsection). Amounts appropriated by the
                                                                         7 preceding sentence shall be transferred from the general
                                                                         8 fund at such times and in such manner as to replicate
                                                                         9 to the extent possible the transfers which would have oc-
                                                                       10 curred to such Trust Fund or Account had this section
                                                                       11 not been enacted.
                                                                       12               (m) REGULATIONS AND GUIDANCE.—The Secretary
                                                                       13 shall prescribe such regulations and other guidance as
                                                                       14 may be necessary or appropriate to carry out the purposes
                                                                       15 of this section, including—
                                                                       16                        (1) with respect to the application of the credit
                                                                       17               under subsection (a) to third-party payors (including
                                                                       18               professional employer organizations, certified profes-
                                                                       19               sional employer organizations, or agents under sec-
                                                                       20               tion 3504 of the Internal Revenue Code of 1986),
                                                                       21               regulations or other guidance allowing such payors
                                                                       22               to submit documentation necessary to substantiate
                                                                       23               the amount of the credit allowed under subsection




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                                                                       24               (a),




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                                                                         1                       (2) regulations or other guidance for recap-
                                                                         2              turing the benefit of credits determined under sub-
                                                                         3              section (a) in cases where there is a subsequent ad-
                                                                         4              justment to the credit determined under such sub-
                                                                         5              section, and
                                                                         6                       (3) regulations or other guidance to prevent
                                                                         7              abuse of the purposes of this section.
                                                                         8              (n) APPLICATION.—This section shall only apply to
                                                                         9 amounts paid or incurred after the date of the enactment
                                                                       10 of this Act, and before January 1, 2021.
                                                                       11      SEC. 104. IMPROVEMENTS TO THE PANDEMIC EMERGENCY

                                                                       12                              UNEMPLOYMENT COMPENSATION PROGRAM.

                                                                       13               Section 2107(a) of the Relief for Workers Affected
                                                                       14 by Coronavirus Act (contained in subtitle A of title II of
                                                                       15 division A of the CARES Act (Public Law 116–136)) is
                                                                       16 amended by adding at the end the following new para-
                                                                       17 graphs:
                                                                       18                        ‘‘(7) TERMINATION OF BENEFITS IF THE INDI-
                                                                       19               VIDUAL REFUSES TO TAKE PRIOR JOB.—Beginning

                                                                       20               30 days after the date of enactment of this para-
                                                                       21               graph, any agreement under this section shall pro-
                                                                       22               vide that an individual is not eligible to receive pay-
                                                                       23               ments of pandemic emergency unemployment com-




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                                                                       24               pensation if an employer offers the individual the job




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                                                                         1              back for which unemployment benefits were based
                                                                         2              on and the individual refuses to take such job.
                                                                         3                       ‘‘(8) REQUIREMENT FOR RETURN TO WORK NO-
                                                                         4              TIFICATION AND REPORTING.—Beginning                                               30 days
                                                                         5              after the date of enactment of this paragraph, any
                                                                         6              agreement under this section shall require that the
                                                                         7              State has in place a process to address refusal to re-
                                                                         8              turn to work or refusal of suitable work that in-
                                                                         9              cludes the following:
                                                                       10                                  ‘‘(A) Providing a plain-language notice to
                                                                       11                        individuals at the time of applying for benefits
                                                                       12                        regarding State law provisions relating to each
                                                                       13                        of the following:
                                                                       14                                         ‘‘(i) Return to work requirements.
                                                                       15                                         ‘‘(ii) Rights to refuse to return to
                                                                       16                                  work or to refuse suitable work.
                                                                       17                                         ‘‘(iii) How to contest the denial of a
                                                                       18                                  claim that has been denied due to a claim
                                                                       19                                  by an employer that the individual refused
                                                                       20                                  to return to work or refused suitable work.
                                                                       21                                  ‘‘(B) Providing a plain-language notice to
                                                                       22                        employers through any system used by employ-
                                                                       23                        ers or any regular correspondence sent to em-




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                                                                       24                        ployers regarding how to notify the State if an
                                                                       25                        individual refuses to return to work.


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                                                                         1                                 ‘‘(C) Other items determined appropriate
                                                                         2                       by the Secretary of Labor.’’.
                                                                         3     SEC. 105. INCOME EXCLUSION FOR CERTAIN AMOUNTS RE-

                                                                         4                             CEIVED IN 2020.

                                                                         5              (a) IN GENERAL.—For purposes of chapter 1 of the
                                                                         6 Internal Revenue Code of 1986, in the case of an indi-
                                                                         7 vidual, gross income shall not include any amount of
                                                                         8 earned income (as defined in section 32(c)(2) of such
                                                                         9 Code, determined without regard to section 32(d)) re-
                                                                       10 ceived after August 31, 2020, and before January 1, 2021.
                                                                       11               (b) LIMITATION.—The aggregate amount excluded
                                                                       12 from gross income under subsection (a) shall not exceed
                                                                       13 $10,000.
                                                                       14               (c) EXCEPTION.—Subsection (a) shall not apply to
                                                                       15 any amount received as unemployment compensation
                                                                       16 under State or Federal law, including under the Federal-
                                                                       17 State Extended Unemployment Compensation Act, the
                                                                       18 pandemic unemployment assistance program under sec-
                                                                       19 tion 2102 of the Relief for Workers Affected by
                                                                       20 Coronavirus Act (contained in subtitle A of title II of divi-
                                                                       21 sion A of the CARES Act (Public Law 116–136)), or the
                                                                       22 pandemic emergency unemployment compensation pro-
                                                                       23 gram under section 2107 of such title II.




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                                                                       24               (d) ELECTION TO DETERMINE CHILD TAX CREDIT
                                                                       25      AND EARNED INCOME TAX CREDIT WITHOUT REGARD TO



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                                                                         1 THIS SECTION.—For purposes of applying sections 24
                                                                         2 and 32 of the Internal Revenue Code of 1986 for any tax-
                                                                         3 able year ending in 2020, a taxpayer may elect to treat
                                                                         4 amounts excluded from gross income under subsection (a)
                                                                         5 as earned income.
                                                                         6     SEC. 106. INCLUSION OF EQUIPMENT, SYSTEMS, AND TECH-

                                                                         7                             NOLOGIES              TO       COMBAT             THE        SPREAD   OF

                                                                         8                             PATHOGENS IN THE DEFINITION OF AIRPORT

                                                                         9                             DEVELOPMENT OF A PUBLIC-USE AIRPORT.

                                                                       10               Section 47102(3)(B) of title 49, United States Code,
                                                                       11 is amended—
                                                                       12                        (1) in clause (ix), by striking ‘‘and’’ after the
                                                                       13               semicolon;
                                                                       14                        (2) in clause (x), by striking the period at the
                                                                       15               end and inserting ‘‘; and’’; and
                                                                       16                        (3) by adding at the end the following:
                                                                       17                                         ‘‘(xi) equipment, systems and tech-
                                                                       18                                  nologies to combat the spread of patho-
                                                                       19                                  gens.’’.
                                                                       20          Subtitle B—Coronavirus Liability
                                                                       21                      Relief
                                                                       22      SEC. 111. SHORT TITLE.

                                                                       23               This subtitle may be cited as the ‘‘Safeguarding




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                                                                       24 America’s Frontline Employees To Offer Work Opportuni-




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                                                                                                                              26
                                                                         1 ties Required to Kickstart the Economy Act’’ or the
                                                                         2 ‘‘SAFE TO WORK Act’’.
                                                                         3     SEC. 112. FINDINGS AND PURPOSES.

                                                                         4              (a) FINDINGS.—Congress finds the following:
                                                                         5                       (1) The SARS–CoV–2 virus that originated in
                                                                         6              China and causes the disease COVID–19 has caused
                                                                         7              untold misery and devastation throughout the world,
                                                                         8              including in the United States.
                                                                         9                       (2) For months, frontline health care workers
                                                                       10               and health care facilities have fought the virus with
                                                                       11               courage and resolve. They did so at first with very
                                                                       12               little information about how to treat the virus and
                                                                       13               developed strategies to save lives of the people of the
                                                                       14               United States in real time. They risked their per-
                                                                       15               sonal health and wellbeing to protect and treat their
                                                                       16               patients.
                                                                       17                        (3) Businesses in the United States kicked into
                                                                       18               action to produce and procure personal protective
                                                                       19               equipment, such as masks, gloves, face shields, and
                                                                       20               hand sanitizer, and other necessary medical supplies,
                                                                       21               such as ventilators, at unprecedented rates.
                                                                       22                        (4) To halt the spread of the disease, State and
                                                                       23               local governments took drastic measures. They shut




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                                                                       24               down small and large businesses, schools, colleges
                                                                       25               and universities, religious, philanthropic and other


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                                                                         1              nonprofit institutions, and local government agen-
                                                                         2              cies. They ordered people to remain in their homes.
                                                                         3                       (5) This standstill was needed to slow the
                                                                         4              spread of the virus. But it devastated the economy
                                                                         5              of the United States. The sum of hundreds of local-
                                                                         6              level and State-level decisions to close nearly every
                                                                         7              space in which people might gather brought inter-
                                                                         8              state commerce nearly to a halt.
                                                                         9                       (6) This halt led to the loss of millions of jobs.
                                                                       10               These lost jobs were not a natural consequence of
                                                                       11               the economic environment, but rather the result of
                                                                       12               a drastic, though temporary, response to the unprec-
                                                                       13               edented nature of this global pandemic.
                                                                       14                        (7) Congress passed a series of statutes to ad-
                                                                       15               dress the health care and economic crises—the
                                                                       16               Coronavirus Preparedness and Response Supple-
                                                                       17               mental Appropriations Act, 2020 (Public Law 116–
                                                                       18               123; 134 Stat. 146), the Families First Coronavirus
                                                                       19               Response Act (Public Law 116–127; 134 Stat. 178),
                                                                       20               the Coronavirus Aid, Relief, and Economic Security
                                                                       21               Act or the CARES Act (Public Law 116–136), and
                                                                       22               the Paycheck Protection Program and Health Care
                                                                       23               Enhancement Act (Public Law 116–139; 134 Stat.




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                                                                       24               620). In these laws Congress exercised its power
                                                                       25               under the Commerce and Spending Clauses of the


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                                                                         1              Constitution of the United States to direct trillions
                                                                         2              of taxpayer dollars toward efforts to aid workers,
                                                                         3              businesses, State and local governments, health care
                                                                         4              workers, and patients.
                                                                         5                       (8) This legislation provided short-term insula-
                                                                         6              tion from the worst of the economic storm, but these
                                                                         7              laws alone cannot protect the United States from
                                                                         8              further devastation. Only reopening the economy so
                                                                         9              that workers can get back to work and students can
                                                                       10               get back to school can accomplish that goal.
                                                                       11                        (9) The Constitution of the United States spe-
                                                                       12               cifically enumerates the legislative powers of Con-
                                                                       13               gress. One of those powers is the regulation of inter-
                                                                       14               state commerce. The Government is not a substitute
                                                                       15               for the economy, but it has the authority and the
                                                                       16               duty to act when interstate commerce is threatened
                                                                       17               and damaged. As applied to the present crisis, Con-
                                                                       18               gress can deploy its power over interstate commerce
                                                                       19               to promote a prudent reopening of businesses and
                                                                       20               other organizations that serve as the foundation and
                                                                       21               backbone of the national economy and of commerce
                                                                       22               among the States. These include small and large
                                                                       23               businesses, schools (which are substantial employers




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                                                                       24               in their own right and provide necessary services to
                                                                       25               enable parents and other caregivers to return to


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                                                                         1              work), colleges and universities (which are substan-
                                                                         2              tial employers and supply the interstate market for
                                                                         3              higher-education services), religious, philanthropic
                                                                         4              and other nonprofit institutions (which are substan-
                                                                         5              tial employers and provide necessary services to their
                                                                         6              communities), and local government agencies.
                                                                         7                       (10) Congress must also ensure that the Na-
                                                                         8              tion’s health care workers and health care facilities
                                                                         9              are able to act fully to defeat the virus.
                                                                       10                        (11) Congress must also safeguard its invest-
                                                                       11               ment of taxpayer dollars under the CARES Act and
                                                                       12               other coronavirus legislation. Congress must ensure
                                                                       13               that those funds are used to help businesses and
                                                                       14               workers survive and recover from the economic cri-
                                                                       15               sis, and to help health care workers and health care
                                                                       16               facilities defeat the virus. CARES Act funds cannot
                                                                       17               be diverted from these important purposes to line
                                                                       18               the pockets of the trial bar.
                                                                       19                        (12) One of the chief impediments to the con-
                                                                       20               tinued flow of interstate commerce as this public
                                                                       21               health crisis has unfolded is the risk of litigation.
                                                                       22               Small and large businesses, schools, colleges and
                                                                       23               universities, religious, philanthropic and other non-




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                                                                       24               profit institutions, and local government agencies
                                                                       25               confront the risk of a tidal wave of lawsuits accusing


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                                                                         1              them of exposing employees, customers, students,
                                                                         2              and worshipers to coronavirus. Health care workers
                                                                         3              face the threat of lawsuits arising from their efforts
                                                                         4              to fight the virus.
                                                                         5                       (13) They confront this litigation risk even as
                                                                         6              they work tirelessly to comply with the coronavirus
                                                                         7              guidance, rules, and regulations issued by local gov-
                                                                         8              ernments, State governments, and the Federal Gov-
                                                                         9              ernment. They confront this risk notwithstanding
                                                                       10               equipment and staffing shortages. And they confront
                                                                       11               this risk while also grappling with constantly chang-
                                                                       12               ing information on how best to protect employees,
                                                                       13               customers, students, and worshipers from the virus,
                                                                       14               and how best to treat it.
                                                                       15                        (14) These lawsuits pose a substantial risk to
                                                                       16               interstate commerce because they threaten to keep
                                                                       17               small and large businesses, schools, colleges and uni-
                                                                       18               versities, religious, philanthropic and other nonprofit
                                                                       19               institutions, and local government agencies from re-
                                                                       20               opening for fear of expensive litigation that might
                                                                       21               prove to be meritless. These lawsuits further threat-
                                                                       22               en to undermine the Nation’s fight against the virus
                                                                       23               by exposing our health care workers and health care




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                                                                       24               facilities to liability for difficult medical decisions




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                                                                         1              they have made under trying and uncertain cir-
                                                                         2              cumstances.
                                                                         3                       (15) These lawsuits also risk diverting taxpayer
                                                                         4              money provided under the CARES Act and other
                                                                         5              coronavirus legislation from its intended purposes to
                                                                         6              the pockets of opportunistic trial lawyers.
                                                                         7                       (16) This risk is not purely local. It is nec-
                                                                         8              essarily national in scale. A patchwork of local and
                                                                         9              State rules governing liability in coronavirus-related
                                                                       10               lawsuits creates tremendous unpredictability for ev-
                                                                       11               eryone participating in interstate commerce and acts
                                                                       12               as a significant drag on national recovery. The ag-
                                                                       13               gregation of each individual potential liability risk
                                                                       14               poses a substantial and unprecedented threat to
                                                                       15               interstate commerce.
                                                                       16                        (17) The accumulated economic risks for these
                                                                       17               potential defendants directly and substantially af-
                                                                       18               fects interstate commerce. Individuals and entities
                                                                       19               potentially subject to coronavirus-related liability will
                                                                       20               structure their decision making to avoid that liabil-
                                                                       21               ity. Small and large businesses, schools, colleges and
                                                                       22               universities, religious, philanthropic and other non-
                                                                       23               profit institutions, and local government agencies




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                                                                       24               may decline to reopen because of the risk of litiga-
                                                                       25               tion. They may limit their output or engagement


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                                                                         1              with customers and communities to avoid the risk of
                                                                         2              litigation. These individual economic decisions sub-
                                                                         3              stantially affect interstate commerce because, as a
                                                                         4              whole, they will prevent the free and fair exchange
                                                                         5              of goods and services across State lines. Such eco-
                                                                         6              nomic activity that, individually and in the aggre-
                                                                         7              gate, substantially affects interstate commerce is
                                                                         8              precisely the sort of conduct that should be subject
                                                                         9              to congressional regulation.
                                                                       10                        (18) Lawsuits against health care workers and
                                                                       11               facilities pose a similarly dangerous risk to interstate
                                                                       12               commerce. Interstate commerce will not truly re-
                                                                       13               bound from this crisis until the virus is defeated,
                                                                       14               and that will not happen unless health care workers
                                                                       15               and facilities are free to combat vigorously the virus
                                                                       16               and treat patients with coronavirus and those other-
                                                                       17               wise impacted by the response to coronavirus.
                                                                       18                        (19) Subjecting health care workers and facili-
                                                                       19               ties to onerous litigation even as they have done
                                                                       20               their level best to combat a virus about which very
                                                                       21               little was known when it arrived in the United
                                                                       22               States would divert important health care resources
                                                                       23               from hospitals and providers to courtrooms.




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                                                                       24                        (20) Such a diversion would substantially affect
                                                                       25               interstate commerce by degrading the national ca-


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                                                                         1              pacity for combating the virus and saving patients,
                                                                         2              thereby substantially elongating the period before
                                                                         3              interstate commerce could fully re-engage.
                                                                         4                       (21) Congress also has the authority to deter-
                                                                         5              mine the jurisdiction of the courts of the United
                                                                         6              States, to set the standards for causes of action they
                                                                         7              can hear, and to establish the rules by which those
                                                                         8              causes of action should proceed. Congress therefore
                                                                         9              must act to set rules governing liability in
                                                                       10               coronavirus-related lawsuits.
                                                                       11                        (22) These rules necessarily must be temporary
                                                                       12               and carefully tailored to the interstate crisis caused
                                                                       13               by the coronavirus pandemic. They must extend no
                                                                       14               further than necessary to meet this uniquely na-
                                                                       15               tional crisis for which a patchwork of State and local
                                                                       16               tort laws are ill-suited.
                                                                       17                        (23) Because of the national scope of the eco-
                                                                       18               nomic and health care dangers posed by the risks of
                                                                       19               coronavirus-related lawsuits, establishing temporary
                                                                       20               rules governing liability for certain coronavirus-re-
                                                                       21               lated tort claims is a necessary and proper means of
                                                                       22               carrying into execution Congress’s power to regulate
                                                                       23               commerce among the several States.




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                                                                       24                        (24) Because Congress must safeguard the in-
                                                                       25               vestment of taxpayer dollars it made in the CARES


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                                                                         1              Act and other coronavirus legislation, and ensure
                                                                         2              that they are used for their intended purposes and
                                                                         3              not diverted for other purposes, establishing tem-
                                                                         4              porary             rules        governing               liability          for    certain
                                                                         5              coronavirus-related tort claims is a necessary and
                                                                         6              proper means of carrying into execution Congress’s
                                                                         7              power to provide for the general welfare of the
                                                                         8              United States.
                                                                         9              (b) PURPOSES.—Pursuant to the powers delegated to
                                                                       10 Congress by article I, section 8, clauses 1, 3, 9, and 18,
                                                                       11 and article III, section 2, clause 1 of the Constitution of
                                                                       12 the United States, the purposes of this subtitle are to—
                                                                       13                        (1) establish necessary and consistent standards
                                                                       14               for litigating certain claims specific to the unique
                                                                       15               coronavirus pandemic;
                                                                       16                        (2) prevent the overburdening of the court sys-
                                                                       17               tems with undue litigation;
                                                                       18                        (3) encourage planning, care, and appropriate
                                                                       19               risk management by small and large businesses,
                                                                       20               schools, colleges and universities, religious, philan-
                                                                       21               thropic and other nonprofit institutions, local gov-
                                                                       22               ernment agencies, and health care providers;
                                                                       23                        (4) ensure that the Nation’s recovery from the




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                                                                       24               coronavirus economic crisis is not burdened or
                                                                       25               slowed by the substantial risk of litigation;


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                                                                         1                       (5) prevent litigation brought to extract settle-
                                                                         2              ments and enrich trial lawyers rather than vindicate
                                                                         3              meritorious claims;
                                                                         4                       (6) protect interstate commerce from the bur-
                                                                         5              dens of potentially meritless litigation;
                                                                         6                       (7) ensure the economic recovery proceeds with-
                                                                         7              out artificial and unnecessary delay;
                                                                         8                       (8) protect the interests of the taxpayers by en-
                                                                         9              suring that emergency taxpayer support continues to
                                                                       10               aid businesses, workers, and health care providers
                                                                       11               rather than enrich trial lawyers; and
                                                                       12                        (9) protect the highest and best ideals of the
                                                                       13               national economy, so businesses can produce and
                                                                       14               serve their customers, workers can work, teachers
                                                                       15               can teach, students can learn, and believers can wor-
                                                                       16               ship.
                                                                       17      SEC. 113. DEFINITIONS.

                                                                       18               In this subtitle:
                                                                       19                        (1)       APPLICABLE                 GOVERNMENT                     STANDARDS

                                                                       20               AND GUIDANCE.—The term ‘‘applicable government

                                                                       21               standards and guidance’’ means—
                                                                       22                                  (A) any mandatory standards or regula-
                                                                       23                        tions specifically concerning the prevention or




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                                                                       24                        mitigation of the transmission of coronavirus
                                                                       25                        issued by the Federal Government, or a State


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                                                                         1                       or local government with jurisdiction over an in-
                                                                         2                       dividual or entity, whether provided by execu-
                                                                         3                       tive, judicial, or legislative order; and
                                                                         4                                 (B) with respect to an individual or entity
                                                                         5                       that, at the time of the actual, alleged, feared,
                                                                         6                       or potential for exposure to coronavirus is not
                                                                         7                       subject to any mandatory standards or regula-
                                                                         8                       tions described in subparagraph (A), any guid-
                                                                         9                       ance, standards, or regulations specifically con-
                                                                       10                        cerning the prevention or mitigation of the
                                                                       11                        transmission of coronavirus issued by the Fed-
                                                                       12                        eral Government, or a State or local govern-
                                                                       13                        ment with jurisdiction over the individual or en-
                                                                       14                        tity.
                                                                       15                        (2) BUSINESSES, SERVICES, ACTIVITIES, OR AC-
                                                                       16               COMMODATIONS.—The                            term ‘‘businesses, services,
                                                                       17               activities, or accommodations’’ means any act by an
                                                                       18               individual or entity, irrespective of whether the act
                                                                       19               is carried on for profit, that is interstate or foreign
                                                                       20               commerce, that involves persons or things in inter-
                                                                       21               state or foreign commerce, that involves the channels
                                                                       22               or instrumentalities of interstate or foreign com-
                                                                       23               merce, that substantially affects interstate or foreign




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                                                                       24               commerce, or that is otherwise an act subject to reg-
                                                                       25               ulation by Congress as necessary and proper to


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                                                                         1              carry into execution Congress’s powers to regulate
                                                                         2              interstate or foreign commerce or to spend funds for
                                                                         3              the general welfare.
                                                                         4                       (3) CORONAVIRUS.—The term ‘‘coronavirus’’
                                                                         5              means any disease, health condition, or threat of
                                                                         6              harm caused by the SARS–CoV–2 virus or a virus
                                                                         7              mutating therefrom.
                                                                         8                       (4) CORONAVIRUS EXPOSURE ACTION.—
                                                                         9                                 (A) IN GENERAL.—The term ‘‘coronavirus
                                                                       10                        exposure action’’ means a civil action—
                                                                       11                                         (i) brought by a person who suffered
                                                                       12                                  personal injury or is at risk of suffering
                                                                       13                                  personal injury, or a representative of a
                                                                       14                                  person who suffered personal injury or is
                                                                       15                                  at risk of suffering personal injury;
                                                                       16                                         (ii) brought against an individual or
                                                                       17                                  entity engaged in businesses, services, ac-
                                                                       18                                  tivities, or accommodations; and
                                                                       19                                         (iii) alleging that an actual, alleged,
                                                                       20                                  feared,         or      potential            for        exposure   to
                                                                       21                                  coronavirus caused the personal injury or
                                                                       22                                  risk of personal injury, that—
                                                                       23                                                  (I) occurred in the course of the




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                                                                       24                                         businesses, services, activities, or ac-




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                                                                         1                                        commodations of the individual or en-
                                                                         2                                        tity; and
                                                                         3                                                 (II) occurred—
                                                                         4                                                           (aa) on or after December 1,
                                                                         5                                                 2019; and
                                                                         6                                                           (bb) before the later of—
                                                                         7                                                                    (AA) October 1, 2024;
                                                                         8                                                           or
                                                                         9                                                                    (BB) the date on which
                                                                       10                                                            there is no declaration by
                                                                       11                                                            the Secretary of Health and
                                                                       12                                                            Human Services under sec-
                                                                       13                                                            tion 319F–3(b) of the Pub-
                                                                       14                                                            lic Health Service Act (42
                                                                       15                                                            U.S.C. 247d–6d(b)) (relat-
                                                                       16                                                            ing        to      medical           counter-
                                                                       17                                                            measures) that is in effect
                                                                       18                                                            with respect to coronavirus,
                                                                       19                                                            including            the        Declaration
                                                                       20                                                            Under the Public Readiness
                                                                       21                                                            and Emergency Prepared-
                                                                       22                                                            ness Act for Medical Coun-
                                                                       23                                                            termeasures                          Against




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                                                                       24                                                            COVID–19 (85 Fed. Reg.
                                                                       25                                                            15198) issued by the Sec-


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                                                                         1                                                           retary of Health and Human
                                                                         2                                                           Services on March 17, 2020.
                                                                         3                                 (B) EXCLUSIONS.—The term ‘‘coronavirus
                                                                         4                       exposure action’’ does not include—
                                                                         5                                        (i) a criminal, civil, or administrative
                                                                         6                                 enforcement action brought by the Federal
                                                                         7                                 Government or any State, local, or Tribal
                                                                         8                                 government; or
                                                                         9                                        (ii) a claim alleging intentional dis-
                                                                       10                                  crimination on the basis of race, color, na-
                                                                       11                                  tional origin, religion, sex (including preg-
                                                                       12                                  nancy), disability, genetic information, or
                                                                       13                                  age.
                                                                       14                        (5)         CORONAVIRUS-RELATED                                  ACTION.—The

                                                                       15               term           ‘‘coronavirus-related                       action’’           means   a
                                                                       16               coronavirus exposure action or a coronavirus-related
                                                                       17               medical liability action.
                                                                       18                        (6)       CORONAVIRUS-RELATED                               HEALTH       CARE

                                                                       19               SERVICES.—The                     term ‘‘coronavirus-related health
                                                                       20               care services’’ means services provided by a health
                                                                       21               care provider, regardless of the location where the
                                                                       22               services are provided, that relate to—
                                                                       23                                  (A) the diagnosis, prevention, or treatment




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                                                                       24                        of coronavirus;




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                                                                         1                                 (B) the assessment or care of an individual
                                                                         2                       with         a        confirmed              or    suspected             case   of
                                                                         3                       coronavirus; or
                                                                         4                                 (C) the care of any individual who is ad-
                                                                         5                       mitted to, presents to, receives services from, or
                                                                         6                       resides at, a health care provider for any pur-
                                                                         7                       pose during the period of a Federal emergency
                                                                         8                       declaration concerning coronavirus, if such pro-
                                                                         9                       vider’s decisions or activities with respect to
                                                                       10                        such individual are impacted as a result of
                                                                       11                        coronavirus.
                                                                       12                        (7) CORONAVIRUS-RELATED MEDICAL LIABIL-
                                                                       13               ITY ACTION.—

                                                                       14                                  (A) IN GENERAL.—The term ‘‘coronavirus-
                                                                       15                        related medical liability action’’ means a civil
                                                                       16                        action—
                                                                       17                                         (i) brought by a person who suffered
                                                                       18                                  personal injury, or a representative of a
                                                                       19                                  person who suffered personal injury;
                                                                       20                                         (ii) brought against a health care pro-
                                                                       21                                  vider; and
                                                                       22                                         (iii)      alleging              any      harm,         damage,
                                                                       23                                  breach, or tort resulting in the personal in-




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                                                                       24                                  jury alleged to have been caused by, be
                                                                       25                                  arising out of, or be related to a health


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                                                                         1                                 care provider’s act or omission in the
                                                                         2                                 course of arranging for or providing
                                                                         3                                 coronavirus-related health care services
                                                                         4                                 that occurred—
                                                                         5                                                 (I) on or after December 1,
                                                                         6                                        2019; and
                                                                         7                                                 (II) before the later of—
                                                                         8                                                           (aa) October 1, 2024; or
                                                                         9                                                           (bb) the date on which there
                                                                       10                                                  is no declaration by the Secretary
                                                                       11                                                  of Health and Human Services
                                                                       12                                                  under section 319F–3(b) of the
                                                                       13                                                  Public Health Service Act (42
                                                                       14                                                  U.S.C. 247d–6d(b)) (relating to
                                                                       15                                                  covered countermeasures) that is
                                                                       16                                                  in        effect           with          respect   to
                                                                       17                                                  coronavirus, including the Dec-
                                                                       18                                                  laration Under the Public Readi-
                                                                       19                                                  ness and Emergency Prepared-
                                                                       20                                                  ness Act for Medical Counter-
                                                                       21                                                  measures Against COVID–19 (85
                                                                       22                                                  Fed. Reg. 15198) issued by the
                                                                       23                                                  Secretary of Health and Human




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                                                                       24                                                  Services on March 17, 2020.




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                                                                         1                                 (B)                EXCLUSIONS.—The                             term
                                                                         2                       ‘‘coronavirus-related medical liability action’’
                                                                         3                       does not include—
                                                                         4                                        (i) a criminal, civil, or administrative
                                                                         5                                 enforcement action brought by the Federal
                                                                         6                                 Government or any State, local, or Tribal
                                                                         7                                 government; or
                                                                         8                                        (ii) a claim alleging intentional dis-
                                                                         9                                 crimination on the basis of race, color, na-
                                                                       10                                  tional origin, religion, sex (including preg-
                                                                       11                                  nancy), disability, genetic information, or
                                                                       12                                  age.
                                                                       13                        (8) EMPLOYER.—The term ‘‘employer’’—
                                                                       14                                  (A) means any person serving as an em-
                                                                       15                        ployer or acting directly in the interest of an
                                                                       16                        employer in relation to an employee;
                                                                       17                                  (B) includes a public agency; and
                                                                       18                                  (C) does not include any labor organization
                                                                       19                        (other than when acting as an employer) or any
                                                                       20                        person acting in the capacity of officer or agent
                                                                       21                        of such labor organization.
                                                                       22                        (9) GOVERNMENT.—The term ‘‘government’’
                                                                       23               means an agency, instrumentality, or other entity of




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                                                                       24               the Federal Government, a State government (in-
                                                                       25               cluding multijurisdictional agencies, instrumental-


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                                                                         1              ities, and entities), a local government, or a Tribal
                                                                         2              government.
                                                                         3                       (10) GROSS NEGLIGENCE.—The term ‘‘gross
                                                                         4              negligence’’ means a conscious, voluntary act or
                                                                         5              omission in reckless disregard of—
                                                                         6                                 (A) a legal duty;
                                                                         7                                 (B) the consequences to another party; and
                                                                         8                                 (C) applicable government standards and
                                                                         9                       guidance.
                                                                       10                        (11) HARM.—The term ‘‘harm’’ includes—
                                                                       11                                  (A) physical and nonphysical contact that
                                                                       12                        results in personal injury to an individual; and
                                                                       13                                  (B) economic and noneconomic losses.
                                                                       14                        (12) HEALTH CARE PROVIDER.—
                                                                       15                                  (A) IN GENERAL.—The term ‘‘health care
                                                                       16                        provider’’ means any person, including an
                                                                       17                        agent, volunteer (subject to subparagraph (C)),
                                                                       18                        contractor, employee, or other entity, who is—
                                                                       19                                         (i) required by Federal or State law to
                                                                       20                                  be licensed, registered, or certified to pro-
                                                                       21                                  vide health care and is so licensed, reg-
                                                                       22                                  istered, or certified (or is exempt from any
                                                                       23                                  such requirement);




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                                                                       24                                         (ii) otherwise authorized by Federal or
                                                                       25                                  State law to provide care (including serv-


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                                                                         1                                 ices and supports furnished in a home or
                                                                         2                                 community-based residential setting under
                                                                         3                                 the State Medicaid program or a waiver of
                                                                         4                                 that program); or
                                                                         5                                        (iii) considered under applicable Fed-
                                                                         6                                 eral or State law to be a health care pro-
                                                                         7                                 vider, health care professional, health care
                                                                         8                                 institution, or health care facility.
                                                                         9                                 (B) INCLUSION OF ADMINISTRATORS, SU-
                                                                       10                        PERVISORS, ETC.—The term ‘‘health care pro-

                                                                       11                        vider’’ includes a health care facility adminis-
                                                                       12                        trator, executive, supervisor, board member or
                                                                       13                        trustee, or another individual responsible for di-
                                                                       14                        recting, supervising, or monitoring the provision
                                                                       15                        of coronavirus-related health care services in a
                                                                       16                        comparable role.
                                                                       17                                  (C) INCLUSION                      OF     VOLUNTEERS.—The

                                                                       18                        term ‘‘health care provider’’ includes volunteers
                                                                       19                        that meet the following criteria:
                                                                       20                                         (i) The volunteer is a health care pro-
                                                                       21                                  fessional              providing            coronavirus-related
                                                                       22                                  health care services.
                                                                       23                                         (ii) The act or omission by the volun-




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                                                                       24                                  teer occurs—




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                                                                         1                                                 (I) in the course of providing
                                                                         2                                        health care services;
                                                                         3                                                 (II) in the health care profes-
                                                                         4                                        sional’s capacity as a volunteer;
                                                                         5                                                 (III) in the course of providing
                                                                         6                                        health care services that—
                                                                         7                                                           (aa) are within the scope of
                                                                         8                                                 the license, registration, or cer-
                                                                         9                                                 tification of the volunteer, as de-
                                                                       10                                                  fined by the State of licensure,
                                                                       11                                                  registration, or certification; and
                                                                       12                                                            (bb) do not exceed the scope
                                                                       13                                                  of license, registration, or certifi-
                                                                       14                                                  cation of a substantially similar
                                                                       15                                                  health professional in the State
                                                                       16                                                  in which such act or omission oc-
                                                                       17                                                  curs; and
                                                                       18                                                  (IV) in a good-faith belief that
                                                                       19                                         the individual being treated is in need
                                                                       20                                         of health care services.
                                                                       21                        (13) INDIVIDUAL OR ENTITY.—The term ‘‘indi-
                                                                       22               vidual or entity’’ means—
                                                                       23                                  (A) any natural person, corporation, com-




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                                                                       24                        pany, trade, business, firm, partnership, joint
                                                                       25                        stock company, vessel in rem, educational insti-


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                                                                         1                       tution, labor organization, or similar organiza-
                                                                         2                       tion or group of organizations;
                                                                         3                                 (B) any nonprofit organization, foundation,
                                                                         4                       society, or association organized for religious,
                                                                         5                       charitable, educational, or other purposes; or
                                                                         6                                 (C) any State, Tribal, or local government.
                                                                         7                       (14) LOCAL GOVERNMENT.—The term ‘‘local
                                                                         8              government’’ means any unit of government within
                                                                         9              a State, including a—
                                                                       10                                  (A) county;
                                                                       11                                  (B) borough;
                                                                       12                                  (C) municipality;
                                                                       13                                  (D) city;
                                                                       14                                  (E) town;
                                                                       15                                  (F) township;
                                                                       16                                  (G) parish;
                                                                       17                                  (H) local public authority, including any
                                                                       18                        public housing agency under the United States
                                                                       19                        Housing Act of 1937 (42 U.S.C. 1437 et seq.);
                                                                       20                                  (I) special district;
                                                                       21                                  (J) school district;
                                                                       22                                  (K) intrastate district;
                                                                       23                                  (L) council of governments, whether or not




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                                                                       24                        incorporated as a nonprofit corporation under
                                                                       25                        State law; and


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                                                                         1                                 (M) agency or instrumentality of—
                                                                         2                                        (i) multiple units of local government
                                                                         3                                 (including units of local government lo-
                                                                         4                                 cated in different States); or
                                                                         5                                        (ii) an intra-State unit of local gov-
                                                                         6                                 ernment.
                                                                         7                       (15) MANDATORY.—The term ‘‘mandatory’’,
                                                                         8              with respect to applicable government standards and
                                                                         9              guidance, means the standards or regulations are
                                                                       10               themselves enforceable by the issuing government
                                                                       11               through criminal, civil, or administrative action.
                                                                       12                        (16) PERSONAL INJURY.—The term ‘‘personal
                                                                       13               injury’’ means—
                                                                       14                                  (A) actual or potential physical injury to
                                                                       15                        an individual or death caused by a physical in-
                                                                       16                        jury; or
                                                                       17                                  (B) mental suffering, emotional distress, or
                                                                       18                        similar injuries suffered by an individual in con-
                                                                       19                        nection with a physical injury.
                                                                       20                        (17) STATE.—The term ‘‘State’’—
                                                                       21                                  (A) means any State of the United States,
                                                                       22                        the District of Columbia, the Commonwealth of
                                                                       23                        Puerto Rico, the Northern Mariana Islands, the




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                                                                       24                        United States Virgin Islands, Guam, American
                                                                       25                        Samoa, and any other territory or possession of


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                                                                         1                       the United States, and any political subdivision
                                                                         2                       or instrumentality thereof; and
                                                                         3                                 (B) includes any agency or instrumentality
                                                                         4                       of 2 or more of the entities described in sub-
                                                                         5                       paragraph (A).
                                                                         6                       (18) TRIBAL GOVERNMENT.—
                                                                         7                                 (A) IN GENERAL.—The term ‘‘Tribal gov-
                                                                         8                       ernment’’ means the recognized governing body
                                                                         9                       of any Indian tribe included on the list pub-
                                                                       10                        lished by the Secretary of the Interior pursuant
                                                                       11                        to section 104(a) of the Federally Recognized
                                                                       12                        Indian Tribe List Act of 1994 (25 U.S.C.
                                                                       13                        5131(a)).
                                                                       14                                  (B) INCLUSION.—The term ‘‘Tribal gov-
                                                                       15                        ernment’’ includes any subdivision (regardless
                                                                       16                        of the laws and regulations of the jurisdiction
                                                                       17                        in which the subdivision is organized or incor-
                                                                       18                        porated) of a governing body described in sub-
                                                                       19                        paragraph (A) that—
                                                                       20                                         (i) is wholly owned by that governing
                                                                       21                                  body; and
                                                                       22                                         (ii) has been delegated the right to ex-
                                                                       23                                  ercise 1 or more substantial governmental




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                                                                       24                                  functions of the governing body.




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                                                                         1                       (19) WILLFUL MISCONDUCT.—The term ‘‘will-
                                                                         2              ful misconduct’’ means an act or omission that is
                                                                         3              taken—
                                                                         4                                 (A) intentionally to achieve a wrongful
                                                                         5                       purpose;
                                                                         6                                 (B) knowingly without legal or factual jus-
                                                                         7                       tification; and
                                                                         8                                 (C) in disregard of a known or obvious risk
                                                                         9                       that is so great as to make it highly probable
                                                                       10                        that the harm will outweigh the benefit.
                                                                       11                              PART I—LIABILITY RELIEF

                                                                       12 Subpart A—Liability Limitations for Individuals and
                                                                       13               Entities Engaged in Businesses, Services, Activi-

                                                                       14               ties, or Accommodations

                                                                       15      SEC. 121. APPLICATION OF SUBPART.

                                                                       16               (a) CAUSE OF ACTION; TRIBAL SOVEREIGN IMMU-
                                                                       17      NITY.—

                                                                       18                        (1) CAUSE OF ACTION.—
                                                                       19                                  (A) IN GENERAL.—This subpart creates an
                                                                       20                        exclusive cause of action for coronavirus expo-
                                                                       21                        sure actions.
                                                                       22                                  (B) LIABILITY.—A plaintiff may prevail in
                                                                       23                        a coronavirus exposure action only in accord-




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                                                                       24                        ance with the requirements of this part.




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                                                                         1                                 (C) APPLICATION.—The provisions of this
                                                                         2                       subpart shall apply to—
                                                                         3                                        (i) any cause of action that is a
                                                                         4                                 coronavirus exposure action that was filed
                                                                         5                                 before the date of enactment of this Act
                                                                         6                                 and that is pending on such date of enact-
                                                                         7                                 ment; and
                                                                         8                                        (ii) any coronavirus exposure action
                                                                         9                                 filed on or after such date of enactment.
                                                                       10                        (2) PRESERVATION OF LIABILITY LIMITS AND
                                                                       11               DEFENSES.—Except as otherwise explicitly provided

                                                                       12               in this subpart, nothing in this subpart expands any
                                                                       13               liability otherwise imposed or limits any defense oth-
                                                                       14               erwise available under Federal, State, or Tribal law.
                                                                       15                        (3) IMMUNITY.—Nothing in this subpart abro-
                                                                       16               gates the immunity of any State, or waives the im-
                                                                       17               munity of any Tribal government. The limitations on
                                                                       18               liability provided under this subpart shall control in
                                                                       19               any action properly filed against a State or Tribal
                                                                       20               government pursuant to a duly executed waiver by
                                                                       21               the State or Tribe of sovereign immunity and stat-
                                                                       22               ing claims within the scope of this subpart.
                                                                       23               (b) PREEMPTION AND SUPERSEDURE.—




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                                                                       24                        (1) IN GENERAL.—Except as described in para-
                                                                       25               graphs (2) through (6), this subpart preempts and


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                                                                         1              supersedes any Federal, State, or Tribal law, includ-
                                                                         2              ing statutes, regulations, rules, orders, proclama-
                                                                         3              tions, or standards that are enacted, promulgated,
                                                                         4              or established under common law, related to recov-
                                                                         5              ery for personal injuries caused by actual, alleged,
                                                                         6              feared, or potential for exposure to coronavirus.
                                                                         7                       (2) STRICTER LAWS NOT PREEMPTED OR SU-
                                                                         8              PERSEDED.—Nothing in this subpart shall be con-

                                                                         9              strued to affect the applicability of any provision of
                                                                       10               any Federal, State, or Tribal law that imposes
                                                                       11               stricter limits on damages or liabilities for personal
                                                                       12               injury caused by, arising out of, or related to an ac-
                                                                       13               tual, alleged, feared, or potential for exposure to
                                                                       14               coronavirus, or otherwise affords greater protection
                                                                       15               to defendants in any coronavirus exposure action,
                                                                       16               than are provided in this subpart. Any such provi-
                                                                       17               sion of Federal, State, or Tribal law shall be applied
                                                                       18               in addition to the requirements of this subpart and
                                                                       19               not in lieu thereof.
                                                                       20                        (3) WORKERS’ COMPENSATION LAWS NOT PRE-
                                                                       21               EMPTED OR SUPERSEDED.—Nothing in this subpart

                                                                       22               shall be construed to affect the applicability of any
                                                                       23               State or Tribal law providing for a claim for benefits




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                                                                       24               under a workers’ compensation scheme or program,




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                                                                         1              or to preempt or supersede an exclusive remedy
                                                                         2              under such scheme or program.
                                                                         3                       (4) ENFORCEMENT ACTIONS.—Nothing in this
                                                                         4              subpart shall be construed to impair, limit, or affect
                                                                         5              the authority of the Federal Government, or of any
                                                                         6              State, local, or Tribal government, to bring any
                                                                         7              criminal, civil, or administrative enforcement action
                                                                         8              against any individual or entity.
                                                                         9                       (5) DISCRIMINATION CLAIMS.—Nothing in this
                                                                       10               subpart shall be construed to affect the applicability
                                                                       11               of any provision of any Federal, State, or Tribal law
                                                                       12               that creates a cause of action for intentional dis-
                                                                       13               crimination on the basis of race, color, national ori-
                                                                       14               gin, religion, sex (including pregnancy), disability,
                                                                       15               genetic information, or age.
                                                                       16                        (6) MAINTENANCE AND CURE.—Nothing in this
                                                                       17               subpart shall be construed to affect a seaman’s right
                                                                       18               to claim maintenance and cure benefits.
                                                                       19               (c) STATUTE OF LIMITATIONS.—A coronavirus expo-
                                                                       20 sure action may not be commenced in any Federal, State,
                                                                       21 or Tribal government court later than 1 year after the
                                                                       22 date of the actual, alleged, feared, or potential for expo-
                                                                       23 sure to coronavirus.




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                                                                         1     SEC. 122. LIABILITY; SAFE HARBOR.

                                                                         2              (a) REQUIREMENTS FOR LIABILITY FOR EXPOSURE
                                                                         3     TO CORONAVIRUS.—Notwithstanding any other provision

                                                                         4 of law, and except as otherwise provided in this section,
                                                                         5 no individual or entity engaged in businesses, services, ac-
                                                                         6 tivities, or accommodations shall be liable in any
                                                                         7 coronavirus exposure action unless the plaintiff can prove
                                                                         8 by clear and convincing evidence that—
                                                                         9                       (1) in engaging in the businesses, services, ac-
                                                                       10               tivities, or accommodations, the individual or entity
                                                                       11               was not making reasonable efforts in light of all the
                                                                       12               circumstances to comply with the applicable govern-
                                                                       13               ment standards and guidance in effect at the time
                                                                       14               of the actual, alleged, feared, or potential for expo-
                                                                       15               sure to coronavirus;
                                                                       16                        (2) the individual or entity engaged in gross
                                                                       17               negligence or willful misconduct that caused an ac-
                                                                       18               tual exposure to coronavirus; and
                                                                       19                        (3) the actual exposure to coronavirus caused
                                                                       20               the personal injury of the plaintiff.
                                                                       21               (b) REASONABLE EFFORTS TO COMPLY.—
                                                                       22                        (1) CONFLICTING                       APPLICABLE                 GOVERNMENT

                                                                       23               STANDARDS AND GUIDANCE.—

                                                                       24                                  (A) IN GENERAL.—If more than 1 govern-




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                                                                       25                        ment to whose jurisdiction an individual or enti-
                                                                       26                        ty is subject issues applicable government
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                                                                         1                       standards and guidance, and the applicable gov-
                                                                         2                       ernment standards and guidance issued by 1 or
                                                                         3                       more of the governments conflicts with the ap-
                                                                         4                       plicable government standards and guidance
                                                                         5                       issued by 1 or more of the other governments,
                                                                         6                       the individual or entity shall be considered to
                                                                         7                       have made reasonable efforts in light of all the
                                                                         8                       circumstances to comply with the applicable
                                                                         9                       government standards and guidance for pur-
                                                                       10                        poses of subsection (a)(1) unless the plaintiff
                                                                       11                        establishes by clear and convincing evidence
                                                                       12                        that the individual or entity was not making
                                                                       13                        reasonable efforts in light of all the cir-
                                                                       14                        cumstances to comply with any of the con-
                                                                       15                        flicting applicable government standards and
                                                                       16                        guidance issued by any government to whose ju-
                                                                       17                        risdiction the individual or entity is subject.
                                                                       18                                  (B) EXCEPTION.—If mandatory standards
                                                                       19                        and regulations constituting applicable govern-
                                                                       20                        ment standards and guidance issued by any
                                                                       21                        government with jurisdiction over the individual
                                                                       22                        or entity conflict with applicable government
                                                                       23                        standards and guidance that are not mandatory




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                                                                       24                        and are issued by any other government with
                                                                       25                        jurisdiction over the individual or entity or by


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                                                                         1                       the same government that issued the mandatory
                                                                         2                       standards and regulations, the plaintiff may es-
                                                                         3                       tablish that the individual or entity did not
                                                                         4                       make reasonable efforts in light of all the cir-
                                                                         5                       cumstances to comply with the applicable gov-
                                                                         6                       ernment standards and guidance for purposes
                                                                         7                       of subsection (a)(1) by establishing by clear and
                                                                         8                       convincing evidence that the individual or entity
                                                                         9                       was not making reasonable efforts in light of all
                                                                       10                        the circumstances to comply with the manda-
                                                                       11                        tory standards and regulations to which the in-
                                                                       12                        dividual or entity was subject.
                                                                       13                        (2) WRITTEN OR PUBLISHED POLICY.—
                                                                       14                                  (A) IN GENERAL.—If an individual or enti-
                                                                       15                        ty engaged in businesses, services, activities, or
                                                                       16                        accommodations maintained a written or pub-
                                                                       17                        lished policy on the mitigation of transmission
                                                                       18                        of coronavirus at the time of the actual, alleged,
                                                                       19                        feared, or potential for exposure to coronavirus
                                                                       20                        that complied with, or was more protective
                                                                       21                        than, the applicable government standards and
                                                                       22                        guidance to which the individual or entity was
                                                                       23                        subject, the individual or entity shall be pre-




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                                                                       24                        sumed to have made reasonable efforts in light
                                                                       25                        of all the circumstances to comply with the ap-


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                                                                         1                       plicable government standards and guidance for
                                                                         2                       purposes of subsection (a)(1).
                                                                         3                                 (B) REBUTTAL.—The plaintiff may rebut
                                                                         4                       the presumption under subparagraph (A) by es-
                                                                         5                       tablishing that the individual or entity was not
                                                                         6                       complying with the written or published policy
                                                                         7                       at the time of the actual, alleged, feared, or po-
                                                                         8                       tential for exposure to coronavirus.
                                                                         9                                 (C) ABSENCE                 OF A WRITTEN OR PUB-

                                                                       10                        LISHED POLICY.—The absence of a written or

                                                                       11                        published policy shall not give rise to a pre-
                                                                       12                        sumption that the individual or entity did not
                                                                       13                        make reasonable efforts in light of all the cir-
                                                                       14                        cumstances to comply with the applicable gov-
                                                                       15                        ernment standards and guidance for purposes
                                                                       16                        of subsection (a)(1).
                                                                       17                        (3)       TIMING.—For                    purposes                of      subsection
                                                                       18               (a)(1), a change to a policy or practice by an indi-
                                                                       19               vidual or entity before or after the actual, alleged,
                                                                       20               feared, or potential for exposure to coronavirus, shall
                                                                       21               not be evidence of liability for the actual, alleged,
                                                                       22               feared, or potential for exposure to coronavirus.
                                                                       23               (c) THIRD PARTIES.—No individual or entity shall be




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                                                                       24 held liable in a coronavirus exposure action for the acts
                                                                       25 or omissions of a third party, unless—


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                                                                         1                       (1) the individual or entity had an obligation
                                                                         2              under general common law principles to control the
                                                                         3              acts or omissions of the third party; or
                                                                         4                       (2) the third party was an agent of the indi-
                                                                         5              vidual or entity.
                                                                         6              (d) MITIGATION.—Changes to the policies, practices,
                                                                         7 or procedures of an individual or entity for complying with
                                                                         8 the applicable government standards and guidance after
                                                                         9 the time of the actual, alleged, feared, or potential for ex-
                                                                       10 posure to coronavirus, shall not be considered evidence of
                                                                       11 liability or culpability.
                                                                       12           Subpart B—Liability Limitations for Health Care

                                                                       13                                                 Providers

                                                                       14      SEC. 131. APPLICATION OF SUBPART.

                                                                       15               (a) IN GENERAL.—
                                                                       16                        (1) CAUSE OF ACTION.—
                                                                       17                                  (A) IN GENERAL.—This subpart creates an
                                                                       18                        exclusive cause of action for coronavirus-related
                                                                       19                        medical liability actions.
                                                                       20                                  (B) LIABILITY.—A plaintiff may prevail in
                                                                       21                        a coronavirus-related medical liability action
                                                                       22                        only in accordance with the requirements of this
                                                                       23                        part.




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                                                                       24                                  (C) APPLICATION.—The provisions of this
                                                                       25                        subpart shall apply to—


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                                                                         1                                        (i) any cause of action that is a
                                                                         2                                 coronavirus-related medical liability action
                                                                         3                                 that was filed before the date of enactment
                                                                         4                                 of this Act and that is pending on such
                                                                         5                                 date of enactment; and
                                                                         6                                        (ii) any coronavirus-related medical li-
                                                                         7                                 ability action filed on or after such date of
                                                                         8                                 enactment.
                                                                         9                       (2) PRESERVATION OF LIABILITY LIMITS AND
                                                                       10               DEFENSES.—Except as otherwise explicitly provided

                                                                       11               in this subpart, nothing in this subpart expands any
                                                                       12               liability otherwise imposed or limits any defense oth-
                                                                       13               erwise available under Federal, State, or Tribal law.
                                                                       14                        (3) IMMUNITY.—Nothing in this subpart abro-
                                                                       15               gates the immunity of any State, or waives the im-
                                                                       16               munity of any Tribal government. The limitations on
                                                                       17               liability provided under this subpart shall control in
                                                                       18               any action properly filed against a State or Tribal
                                                                       19               government pursuant to a duly executed waiver by
                                                                       20               the State or Tribe of sovereign immunity and stat-
                                                                       21               ing claims within the scope of this subpart.
                                                                       22               (b) PREEMPTION AND SUPERSEDURE.—
                                                                       23                        (1) IN GENERAL.—Except as described in para-




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                                                                       24               graphs (2) through (6), this subpart preempts and
                                                                       25               supersedes any Federal, State, or Tribal law, includ-


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                                                                         1              ing statutes, regulations, rules, orders, proclama-
                                                                         2              tions, or standards that are enacted, promulgated,
                                                                         3              or established under common law, related to recov-
                                                                         4              ery for personal injuries caused by, arising out of,
                                                                         5              or related to an act or omission by a health care
                                                                         6              provider in the course of arranging for or providing
                                                                         7              coronavirus-related health care services.
                                                                         8                       (2) STRICTER LAWS NOT PREEMPTED OR SU-
                                                                         9              PERSEDED.—Nothing in this subpart shall be con-

                                                                       10               strued to affect the applicability of any provision of
                                                                       11               any Federal, State, or Tribal law that imposes
                                                                       12               stricter limits on damages or liabilities for personal
                                                                       13               injury caused by, arising out of, or related to an act
                                                                       14               or omission by a health care provider in the course
                                                                       15               of arranging for or providing coronavirus-related
                                                                       16               health care services, or otherwise affords greater
                                                                       17               protection to defendants in any coronavirus-related
                                                                       18               medical liability action than are provided in this sub-
                                                                       19               part. Any such provision of Federal, State, or Tribal
                                                                       20               law shall be applied in addition to the requirements
                                                                       21               of this subpart and not in lieu thereof.
                                                                       22                        (3) ENFORCEMENT ACTIONS.—Nothing in this
                                                                       23               subpart shall be construed to impair, limit, or affect




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                                                                       24               the authority of the Federal Government, or of any
                                                                       25               State, local, or Tribal government to bring any


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                                                                         1              criminal, civil, or administrative enforcement action
                                                                         2              against any health care provider.
                                                                         3                       (4) DISCRIMINATION CLAIMS.—Nothing in this
                                                                         4              subpart shall be construed to affect the applicability
                                                                         5              of any provision of any Federal, State, or Tribal law
                                                                         6              that creates a cause of action for intentional dis-
                                                                         7              crimination on the basis of race, color, national ori-
                                                                         8              gin, religion, sex (including pregnancy), disability,
                                                                         9              genetic information, or age.
                                                                       10                        (5) PUBLIC READINESS AND EMERGENCY PRE-
                                                                       11               PAREDNESS.—Nothing in this subpart shall be con-

                                                                       12               strued to affect the applicability of section 319F–3
                                                                       13               of the Public Health Service Act (42 U.S.C. 247d–
                                                                       14               6d) to any act or omission involving a covered coun-
                                                                       15               termeasure, as defined in subsection (i) of such sec-
                                                                       16               tion in arranging for or providing coronavirus-re-
                                                                       17               lated health care services. Nothing in this subpart
                                                                       18               shall be construed to affect the applicability of sec-
                                                                       19               tion 319F–4 of the Public Health Service Act (42
                                                                       20               U.S.C. 247d–6e).
                                                                       21                        (6) VACCINE INJURY.—To the extent that title
                                                                       22               XXI of the Public Health Service Act (42 U.S.C.
                                                                       23               300aa–1 et seq.) establishes a Federal rule applica-




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                                                                       24               ble to a civil action brought for a vaccine-related in-




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                                                                         1              jury or death, this subpart does not affect the appli-
                                                                         2              cation of that rule to such an action.
                                                                         3              (c) STATUTE OF LIMITATIONS.—A coronavirus-re-
                                                                         4 lated medical liability action may not be commenced in
                                                                         5 any Federal, State, or Tribal government court later than
                                                                         6 1 year after the date of the alleged harm, damage, breach,
                                                                         7 or tort, unless tolled for—
                                                                         8                       (1) proof of fraud;
                                                                         9                       (2) intentional concealment; or
                                                                       10                        (3) the presence of a foreign body, which has no
                                                                       11               therapeutic or diagnostic purpose or effect, in the
                                                                       12               person of the injured person.
                                                                       13      SEC. 132. LIABILITY FOR HEALTH CARE PROFESSIONALS

                                                                       14                              AND        HEALTH             CARE          FACILITIES             DURING

                                                                       15                              CORONAVIRUS PUBLIC HEALTH EMERGENCY.

                                                                       16               (a)          REQUIREMENTS                        FOR             LIABILITY          FOR

                                                                       17 CORONAVIRUS-RELATED HEALTH CARE SERVICES.—Not-
                                                                       18 withstanding any other provision of law, and except as
                                                                       19 provided in subsection (b), no health care provider shall
                                                                       20 be liable in a coronavirus-related medical liability action
                                                                       21 unless the plaintiff can prove by clear and convincing evi-
                                                                       22 dence—
                                                                       23                        (1) gross negligence or willful misconduct by




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                                                                       24               the health care provider; and




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                                                                         1                       (2) that the alleged harm, damage, breach, or
                                                                         2              tort resulting in the personal injury was directly
                                                                         3              caused by the alleged gross negligence or willful mis-
                                                                         4              conduct.
                                                                         5              (b) EXCEPTIONS.—For purposes of this section, acts,
                                                                         6 omissions, or decisions resulting from a resource or staff-
                                                                         7 ing shortage shall not be considered willful misconduct or
                                                                         8 gross negligence.
                                                                         9         Subpart C—Substantive and Procedural Provisions

                                                                       10                 for Coronavirus-Related Actions Generally

                                                                       11      SEC. 141. JURISDICTION.

                                                                       12               (a) JURISDICTION.—The district courts of the United
                                                                       13 States shall have concurrent original jurisdiction of any
                                                                       14 coronavirus-related action.
                                                                       15               (b) REMOVAL.—
                                                                       16                        (1) IN GENERAL.—A coronavirus-related action
                                                                       17               of which the district courts of the United States
                                                                       18               have original jurisdiction under subsection (a) that
                                                                       19               is brought in a State or Tribal government court
                                                                       20               may be removed to a district court of the United
                                                                       21               States in accordance with section 1446 of title 28,
                                                                       22               United States Code, except that—
                                                                       23                                  (A) notwithstanding subsection (b)(2)(A)




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                                                                       24                        of such section, such action may be removed by




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                                                                         1                       any defendant without the consent of all de-
                                                                         2                       fendants; and
                                                                         3                                 (B) notwithstanding subsection (b)(1) of
                                                                         4                       such section, for any cause of action that is a
                                                                         5                       coronavirus-related action that was filed in a
                                                                         6                       State court before the date of enactment of this
                                                                         7                       Act and that is pending in such court on such
                                                                         8                       date of enactment, and of which the district
                                                                         9                       courts of the United States have original juris-
                                                                       10                        diction under subsection (a), any defendant
                                                                       11                        may file a notice of removal of a civil action or
                                                                       12                        proceeding within 30 days of the date of enact-
                                                                       13                        ment of this Act.
                                                                       14                        (2) PROCEDURE                       AFTER            REMOVAL.—Section

                                                                       15               1447 of title 28, United States Code, shall apply to
                                                                       16               any removal of a case under paragraph (1), except
                                                                       17               that, notwithstanding subsection (d) of such section,
                                                                       18               a court of appeals of the United States shall accept
                                                                       19               an appeal from an order of a district court granting
                                                                       20               or denying a motion to remand the case to the State
                                                                       21               or Tribal government court from which it was re-
                                                                       22               moved if application is made to the court of appeals
                                                                       23               of the United States not later than 10 days after the




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                                                                       24               entry of the order.




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                                                                         1     SEC. 142. LIMITATIONS ON SUITS.

                                                                         2              (a) JOINT AND SEVERAL LIABILITY LIMITATIONS.—
                                                                         3                       (1) IN           GENERAL.—An                      individual or entity
                                                                         4              against whom a final judgment is entered in any
                                                                         5              coronavirus-related action shall be liable solely for
                                                                         6              the portion of the judgment that corresponds to the
                                                                         7              relative and proportionate responsibility of that indi-
                                                                         8              vidual or entity. In determining the percentage of re-
                                                                         9              sponsibility of any defendant, the trier of fact shall
                                                                       10               determine that percentage as a percentage of the
                                                                       11               total fault of all individuals or entities, including the
                                                                       12               plaintiff, who caused or contributed to the total loss
                                                                       13               incurred by the plaintiff.
                                                                       14                        (2) PROPORTIONATE LIABILITY.—
                                                                       15                                  (A)         DETERMINATION                        OF            RESPONSI-

                                                                       16                        BILITY.—In any coronavirus-related action, the

                                                                       17                        court shall instruct the jury to answer special
                                                                       18                        interrogatories, or, if there is no jury, the court
                                                                       19                        shall make findings with respect to each defend-
                                                                       20                        ant, including defendants who have entered into
                                                                       21                        settlements with the plaintiff or plaintiffs, con-
                                                                       22                        cerning the percentage of responsibility, if any,
                                                                       23                        of each defendant, measured as a percentage of
                                                                       24                        the total fault of all individuals or entities who




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                                                                       25                        caused or contributed to the loss incurred by
                                                                       26                        the plaintiff.
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                                                                         1                                 (B) FACTORS                  FOR        CONSIDERATION.—In

                                                                         2                       determining the percentage of responsibility
                                                                         3                       under this subsection, the trier of fact shall
                                                                         4                       consider—
                                                                         5                                        (i) the nature of the conduct of each
                                                                         6                                 individual or entity found to have caused
                                                                         7                                 or contributed to the loss incurred by the
                                                                         8                                 plaintiff; and
                                                                         9                                        (ii) the nature and extent of the caus-
                                                                       10                                  al relationship between the conduct of each
                                                                       11                                  such individual or entity and the damages
                                                                       12                                  incurred by the plaintiff.
                                                                       13                        (3) JOINT LIABILITY FOR SPECIFIC INTENT OR
                                                                       14               FRAUD.—Notwithstanding                                paragraph (1), in any
                                                                       15               coronavirus-related action the liability of a defendant
                                                                       16               is joint and several if the trier of fact specifically de-
                                                                       17               termines that the defendant—
                                                                       18                                  (A) acted with specific intent to injure the
                                                                       19                        plaintiff; or
                                                                       20                                  (B) knowingly committed fraud.
                                                                       21                        (4)        RIGHT           TO        CONTRIBUTION                        NOT   AF-

                                                                       22               FECTED.—Nothing                       in this subsection affects the
                                                                       23               right, under any other law, of a defendant to con-




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                                                                       24               tribution with respect to another defendant deter-
                                                                       25               mined under paragraph (3) to have acted with spe-


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                                                                         1              cific intent to injure the plaintiff or to have know-
                                                                         2              ingly committed fraud.
                                                                         3              (b) LIMITATIONS ON DAMAGES.—In any coronavirus-
                                                                         4 related action—
                                                                         5                       (1) the award of compensatory damages shall
                                                                         6              be limited to economic losses incurred as the result
                                                                         7              of the personal injury, harm, damage, breach, or
                                                                         8              tort, except that the court may award damages for
                                                                         9              noneconomic losses if the trier of fact determines
                                                                       10               that the personal injury, harm, damage, breach, or
                                                                       11               tort was caused by the willful misconduct of the in-
                                                                       12               dividual or entity;
                                                                       13                        (2) punitive damages—
                                                                       14                                  (A) may be awarded only if the trier of
                                                                       15                        fact determines that the personal injury to the
                                                                       16                        plaintiff was caused by the willful misconduct of
                                                                       17                        the individual or entity; and
                                                                       18                                  (B) may not exceed the amount of compen-
                                                                       19                        satory damages awarded; and
                                                                       20                        (3) the amount of monetary damages awarded
                                                                       21               to a plaintiff shall be reduced by the amount of com-
                                                                       22               pensation received by the plaintiff from another
                                                                       23               source in connection with the personal injury, harm,




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                                                                       24               damage, breach, or tort, such as insurance or reim-
                                                                       25               bursement by a government.


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                                                                         1              (c) PREEMPTION AND SUPERSEDURE.—
                                                                         2                       (1) IN GENERAL.—Except as described in para-
                                                                         3              graphs (2) and (3), this section preempts and super-
                                                                         4              sedes any Federal, State, or Tribal law, including
                                                                         5              statutes, regulations, rules, orders, proclamations, or
                                                                         6              standards that are enacted, promulgated, or estab-
                                                                         7              lished under common law, related to joint and sev-
                                                                         8              eral liability, proportionate or contributory liability,
                                                                         9              contribution, or the award of damages for any
                                                                       10               coronavirus-related action.
                                                                       11                        (2) STRICTER LAWS NOT PREEMPTED OR SU-
                                                                       12               PERSEDED.—Nothing                          in this section shall be con-
                                                                       13               strued to affect the applicability of any provision of
                                                                       14               any Federal, State, or Tribal law that—
                                                                       15                                  (A) limits the liability of a defendant in a
                                                                       16                        coronavirus-related action to a lesser degree of
                                                                       17                        liability than the degree of liability determined
                                                                       18                        under this section;
                                                                       19                                  (B) otherwise affords a greater degree of
                                                                       20                        protection from joint or several liability than is
                                                                       21                        afforded by this section; or
                                                                       22                                  (C) limits the damages that can be recov-
                                                                       23                        ered from a defendant in a coronavirus-related




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                                                                       24                        action to a lesser amount of damages than the
                                                                       25                        amount determined under this section.


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                                                                         1                       (3) PUBLIC READINESS AND EMERGENCY PRE-
                                                                         2              PAREDNESS.—Nothing in this subpart shall be con-

                                                                         3              strued to affect the applicability of section 319F–3
                                                                         4              of the Public Health Service Act (42 U.S.C. 247d–
                                                                         5              6d) to any act or omission involving a covered coun-
                                                                         6              termeasure, as defined in subsection (i) of such sec-
                                                                         7              tion in arranging for or providing coronavirus-re-
                                                                         8              lated health care services. Nothing in this subpart
                                                                         9              shall be construed to affect the applicability of sec-
                                                                       10               tion 319F–4 of the Public Health Service Act (42
                                                                       11               U.S.C. 247d–6e).
                                                                       12      SEC. 143. PROCEDURES FOR SUIT IN DISTRICT COURTS OF

                                                                       13                              THE UNITED STATES.

                                                                       14               (a) PLEADING WITH PARTICULARITY.—In any
                                                                       15 coronavirus-related action filed in or removed to a district
                                                                       16 court of the United States—
                                                                       17                        (1) the complaint shall plead with particu-
                                                                       18               larity—
                                                                       19                                  (A) each element of the plaintiff’s claim;
                                                                       20                        and
                                                                       21                                  (B) with respect to a coronavirus exposure
                                                                       22                        action, all places and persons visited by the per-
                                                                       23                        son on whose behalf the complaint was filed and




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                                                                       24                        all persons who visited the residence of the per-
                                                                       25                        son on whose behalf the complaint was filed


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                                                                                                                              69
                                                                         1                       during the 14-day period before the onset of the
                                                                         2                       first symptoms allegedly caused by coronavirus,
                                                                         3                       including—
                                                                         4                                        (i) each individual or entity against
                                                                         5                                 which a complaint is filed, along with the
                                                                         6                                 factual basis for the belief that such indi-
                                                                         7                                 vidual or entity was a cause of the per-
                                                                         8                                 sonal injury alleged; and
                                                                         9                                        (ii) every other person or place visited
                                                                       10                                  by the person on whose behalf the com-
                                                                       11                                  plaint was filed and every other person
                                                                       12                                  who visited the residence of the person on
                                                                       13                                  whose behalf the complaint was filed dur-
                                                                       14                                  ing such period, along with the factual
                                                                       15                                  basis for the belief that these persons and
                                                                       16                                  places were not the cause of the personal
                                                                       17                                  injury alleged; and
                                                                       18                        (2) the complaint shall plead with particularity
                                                                       19               each alleged act or omission constituting gross neg-
                                                                       20               ligence or willful misconduct that resulted in per-
                                                                       21               sonal injury, harm, damage, breach, or tort.
                                                                       22               (b) SEPARATE STATEMENTS CONCERNING THE NA-
                                                                       23      TURE AND AMOUNT OF DAMAGES AND REQUIRED STATE




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                                                                       24      OF MIND.—




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                                                                         1                       (1) NATURE AND AMOUNT OF DAMAGES.—In
                                                                         2              any coronavirus-related action filed in or removed to
                                                                         3              a district court of the United States in which mone-
                                                                         4              tary damages are requested, there shall be filed with
                                                                         5              the complaint a statement of specific information as
                                                                         6              to the nature and amount of each element of dam-
                                                                         7              ages and the factual basis for the damages calcula-
                                                                         8              tion.
                                                                         9                       (2) REQUIRED                      STATE           OF       MIND.—In      any
                                                                       10               coronavirus-related action filed in or removed to a
                                                                       11               district court of the United States in which a claim
                                                                       12               is asserted on which the plaintiff may prevail only on
                                                                       13               proof that the defendant acted with a particular
                                                                       14               state of mind, there shall be filed with the com-
                                                                       15               plaint, with respect to each element of that claim, a
                                                                       16               statement of the facts giving rise to a strong infer-
                                                                       17               ence that the defendant acted with the required
                                                                       18               state of mind.
                                                                       19               (c) VERIFICATION AND MEDICAL RECORDS.—
                                                                       20                        (1) VERIFICATION REQUIREMENT.—
                                                                       21                                  (A) IN          GENERAL.—The                     complaint in a
                                                                       22                        coronavirus-related action filed in or removed to
                                                                       23                        a district court of the United States shall in-




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                                                                       24                        clude a verification, made by affidavit of the
                                                                       25                        plaintiff under oath, stating that the pleading is


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                                                                         1                       true to the knowledge of the deponent, except
                                                                         2                       as to matters specifically identified as being al-
                                                                         3                       leged on information and belief, and that as to
                                                                         4                       those matters the plaintiff believes it to be true.
                                                                         5                                 (B) IDENTIFICATION                          OF         MATTERS   AL-

                                                                         6                       LEGED UPON INFORMATION AND BELIEF.—Any

                                                                         7                       matter that is not specifically identified as
                                                                         8                       being alleged upon the information and belief of
                                                                         9                       the plaintiff, shall be regarded for all purposes,
                                                                       10                        including a criminal prosecution, as having been
                                                                       11                        made upon the knowledge of the plaintiff.
                                                                       12                        (2)           MATERIALS                      REQUIRED.—In                  any
                                                                       13               coronavirus-related action filed in or removed to a
                                                                       14               district court of the United States, the plaintiff shall
                                                                       15               file with the complaint—
                                                                       16                                  (A) an affidavit by a physician or other
                                                                       17                        qualified medical expert who did not treat the
                                                                       18                        person on whose behalf the complaint was filed
                                                                       19                        that explains the basis for such physician’s or
                                                                       20                        other qualified medical expert’s belief that such
                                                                       21                        person suffered the personal injury, harm, dam-
                                                                       22                        age, breach, or tort alleged in the complaint;
                                                                       23                        and




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                                                                         1                                 (B) certified medical records documenting
                                                                         2                       the alleged personal injury, harm, damage,
                                                                         3                       breach, or tort.
                                                                         4              (d) APPLICATION WITH FEDERAL RULES OF CIVIL
                                                                         5 PROCEDURE.—This section applies exclusively to any
                                                                         6 coronavirus-related action filed in or removed to a district
                                                                         7 court of the United States and, except to the extent that
                                                                         8 this section requires additional information to be con-
                                                                         9 tained in or attached to pleadings, nothing in this section
                                                                       10 is intended to amend or otherwise supersede applicable
                                                                       11 rules of Federal civil procedure.
                                                                       12               (e) CIVIL DISCOVERY FOR ACTIONS IN DISTRICT
                                                                       13 COURTS OF THE UNITED STATES.—
                                                                       14                        (1) TIMING.—Notwithstanding any other provi-
                                                                       15               sion of law, in any coronavirus-related action filed in
                                                                       16               or removed to a district court of the United States,
                                                                       17               no discovery shall be allowed before—
                                                                       18                                  (A) the time has expired for the defendant
                                                                       19                        to answer or file a motion to dismiss; and
                                                                       20                                  (B) if a motion to dismiss is filed, the
                                                                       21                        court has ruled on the motion.
                                                                       22                        (2) STANDARD.—Notwithstanding any other
                                                                       23               provision of law, the court in any coronavirus-related




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                                                                       24               action that is filed in or removed to a district court
                                                                       25               of the United States—


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                                                                         1                                 (A) shall permit discovery only with re-
                                                                         2                       spect to matters directly related to material
                                                                         3                       issues contested in the coronavirus-related ac-
                                                                         4                       tion; and
                                                                         5                                 (B) may compel a response to a discovery
                                                                         6                       request (including a request for admission, an
                                                                         7                       interrogatory, a request for production of docu-
                                                                         8                       ments, or any other form of discovery request)
                                                                         9                       under rule 37 of the Federal Rules of Civil Pro-
                                                                       10                        cedure, only if the court finds that—
                                                                       11                                         (i) the requesting party needs the in-
                                                                       12                                  formation sought to prove or defend as to
                                                                       13                                  a material issue contested in such action;
                                                                       14                                  and
                                                                       15                                         (ii) the likely benefits of a response to
                                                                       16                                  such request equal or exceed the burden or
                                                                       17                                  cost for the responding party of providing
                                                                       18                                  such response.
                                                                       19               (f) INTERLOCUTORY APPEAL AND STAY OF DIS-
                                                                       20      COVERY.—The courts of appeals of the United States shall

                                                                       21 have jurisdiction of an appeal from a motion to dismiss
                                                                       22 that is denied in any coronavirus-related action in a dis-
                                                                       23 trict court of the United States. The district court shall




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                                                                       24 stay all discovery in such a coronavirus-related action until
                                                                       25 the court of appeals has disposed of the appeal.


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                                                                         1              (g) CLASS ACTIONS AND MULTIDISTRICT LITIGA-
                                                                         2     TION PROCEEDINGS.—

                                                                         3                       (1) CLASS              ACTIONS.—In                  any coronavirus-re-
                                                                         4              lated action that is filed in or removed to a district
                                                                         5              court of the United States and is maintained as a
                                                                         6              class action or multidistrict litigation—
                                                                         7                                 (A) an individual or entity shall only be a
                                                                         8                       member of the class if the individual or entity
                                                                         9                       affirmatively elects to be a member; and
                                                                       10                                  (B) the court, in addition to any other no-
                                                                       11                        tice required by applicable Federal or State law,
                                                                       12                        shall direct notice of the action to each member
                                                                       13                        of the class, which shall include—
                                                                       14                                         (i) a concise and clear description of
                                                                       15                                  the nature of the action;
                                                                       16                                         (ii) the jurisdiction where the case is
                                                                       17                                  pending; and
                                                                       18                                         (iii) the fee arrangements with class
                                                                       19                                  counsel, including—
                                                                       20                                                  (I) the hourly fee being charged;
                                                                       21                                         or
                                                                       22                                                  (II) if it is a contingency fee, the
                                                                       23                                         percentage of the final award which




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                                                                       24                                         will be paid, including an estimate of
                                                                       25                                         the total amount that would be paid if


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                                                                         1                                        the requested damages were to be
                                                                         2                                        granted; and
                                                                         3                                                 (III) if the cost of the litigation
                                                                         4                                        is being financed, a description of the
                                                                         5                                        financing arrangement.
                                                                         6                       (2) MULTIDISTRICT LITIGATIONS.—
                                                                         7                                 (A) TRIAL PROHIBITION.—In any coordi-
                                                                         8                       nated or consolidated pretrial proceedings con-
                                                                         9                       ducted pursuant to section 1407(b) of title 28,
                                                                       10                        United States Code, the judge or judges to
                                                                       11                        whom coronavirus-related actions are assigned
                                                                       12                        by the Judicial Panel on Multidistrict Litigation
                                                                       13                        may not conduct a trial in a coronavirus-related
                                                                       14                        action transferred to or directly filed in the pro-
                                                                       15                        ceedings unless all parties to that coronavirus-
                                                                       16                        related action consent.
                                                                       17                                  (B) REVIEW OF ORDERS.—The court of
                                                                       18                        appeals of the United States having jurisdiction
                                                                       19                        over the transferee district court shall permit
                                                                       20                        an appeal to be taken from any order issued in
                                                                       21                        the conduct of coordinated or consolidated pre-
                                                                       22                        trial proceedings conducted pursuant to section
                                                                       23                        1407(b) of title 28, United States Code, if the




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                                                                       24                        order is applicable to 1 or more coronavirus-re-
                                                                       25                        lated actions and an immediate appeal from the


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                                                                                                                              76
                                                                         1                       order may materially advance the ultimate ter-
                                                                         2                       mination of 1 or more coronavirus-related ac-
                                                                         3                       tions in the proceedings.
                                                                         4     SEC. 144. DEMAND LETTERS; CAUSE OF ACTION.

                                                                         5              (a) CAUSE OF ACTION.—If any person transmits or
                                                                         6 causes another to transmit in any form and by any means
                                                                         7 a demand for remuneration in exchange for settling, re-
                                                                         8 leasing, waiving, or otherwise not pursuing a claim that
                                                                         9 is, or could be, brought as part of a coronavirus-related
                                                                       10 action, the party receiving such a demand shall have a
                                                                       11 cause of action for the recovery of damages occasioned by
                                                                       12 such demand and for declaratory judgment in accordance
                                                                       13 with chapter 151 of title 28, United States Code, if the
                                                                       14 claim for which the letter was transmitted was meritless.
                                                                       15               (b) DAMAGES.—Damages available under subsection
                                                                       16 (a) shall include—
                                                                       17                        (1) compensatory damages including costs in-
                                                                       18               curred in responding to the demand; and
                                                                       19                        (2) punitive damages, if the court determines
                                                                       20               that the defendant had knowledge or was reckless
                                                                       21               with regard to the fact that the claim was meritless.
                                                                       22               (c) ATTORNEY’S FEES AND COSTS.—In an action
                                                                       23 commenced under subsection (a), if the plaintiff is a pre-




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                                                                       24 vailing party, the court shall, in addition to any judgment




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                                                                         1 awarded to a plaintiff, allow a reasonable attorney’s fee
                                                                         2 to be paid by the defendant, and costs of the action.
                                                                         3              (d) JURISDICTION.—The district courts of the United
                                                                         4 States shall have concurrent original jurisdiction of all
                                                                         5 claims arising under subsection (a).
                                                                         6              (e) ENFORCEMENT BY THE ATTORNEY GENERAL.—
                                                                         7                       (1) IN GENERAL.—Whenever the Attorney Gen-
                                                                         8              eral has reasonable cause to believe that any person
                                                                         9              or group of persons is engaged in a pattern or prac-
                                                                       10               tice of transmitting demands for remuneration in ex-
                                                                       11               change for settling, releasing, waiving, or otherwise
                                                                       12               not pursuing a claim that is, or could be, brought
                                                                       13               as part of a coronavirus-related action and that is
                                                                       14               meritless, the Attorney General may commence a
                                                                       15               civil action in any appropriate district court of the
                                                                       16               United States.
                                                                       17                        (2) RELIEF.—In a civil action under paragraph
                                                                       18               (1), the court may, to vindicate the public interest,
                                                                       19               assess a civil penalty against the respondent in an
                                                                       20               amount not exceeding $50,000 per transmitted de-
                                                                       21               mand for remuneration in exchange for settling, re-
                                                                       22               leasing, waiving or otherwise not pursuing a claim
                                                                       23               that is meritless.




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                                                                       24                        (3) DISTRIBUTION                       OF CIVIL PENALTIES.—If

                                                                       25               the Attorney General obtains civil penalties in ac-


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                                                                         1              cordance with paragraph (2), the Attorney General
                                                                         2              shall distribute the proceeds equitably among those
                                                                         3              persons aggrieved by the respondent’s pattern or
                                                                         4              practice of transmitting demands for remuneration
                                                                         5              in exchange for settling, releasing, waiving or other-
                                                                         6              wise not pursuing a claim that is meritless.
                                                                         7 Subpart D—Relation to Labor and Employment Laws
                                                                         8     SEC. 151. LIMITATION ON VIOLATIONS UNDER SPECIFIC

                                                                         9                             LAWS.

                                                                       10               (a) IN GENERAL.—
                                                                       11                        (1) DEFINITION.—In this subsection, the term
                                                                       12               ‘‘covered Federal employment law’’ means any of the
                                                                       13               following:
                                                                       14                                  (A) The Occupational Safety and Health
                                                                       15                        Act of 1970 (29 U.S.C. 651 et seq.) (including
                                                                       16                        any standard included in a State plan approved
                                                                       17                        under section 18 of such Act (29 U.S.C. 667)).
                                                                       18                                  (B) The Fair Labor Standards Act of
                                                                       19                        1938 (29 U.S.C. 201 et seq.).
                                                                       20                                  (C) The Age Discrimination in Employ-
                                                                       21                        ment Act of 1967 (29 U.S.C. 621 et seq.).
                                                                       22                                  (D) The Worker Adjustment and Retrain-
                                                                       23                        ing Notification Act (29 U.S.C. 2101 et seq.).




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                                                                       24                                  (E) Title VII of the Civil Rights Act of
                                                                       25                        1964 (42 U.S.C. 2000e et seq.).


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                                                                         1                                 (F) Title II of the Genetic Information
                                                                         2                       Nondiscrimination Act of 2008 (42 U.S.C.
                                                                         3                       2000ff et seq.).
                                                                         4                                 (G) Title I of the Americans with Disabil-
                                                                         5                       ities Act of 1990 (42 U.S.C. 12111 et seq.).
                                                                         6                       (2) LIMITATION.—Notwithstanding any provi-
                                                                         7              sion of a covered Federal employment law, in any
                                                                         8              action, proceeding, or investigation resulting from or
                                                                         9              related to an actual, alleged, feared, or potential for
                                                                       10               exposure to coronavirus, or a change in working con-
                                                                       11               ditions caused by a law, rule, declaration, or order
                                                                       12               related to coronavirus, an employer shall not be sub-
                                                                       13               ject to any enforcement proceeding or liability under
                                                                       14               any provision of a covered Federal employment law
                                                                       15               if the employer—
                                                                       16                                  (A) was relying on and generally following
                                                                       17                        applicable government standards and guidance;
                                                                       18                                  (B) knew of the obligation under the rel-
                                                                       19                        evant provision; and
                                                                       20                                  (C) attempted to satisfy any such obliga-
                                                                       21                        tion by—
                                                                       22                                         (i) exploring options to comply with
                                                                       23                                  such obligations and with the applicable




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                                                                       24                                  government standards and guidance (such




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                                                                         1                                 as through the use of virtual training or
                                                                         2                                 remote communication strategies);
                                                                         3                                         (ii) implementing interim alternative
                                                                         4                                 protections or procedures; or
                                                                         5                                         (iii) following guidance issued by the
                                                                         6                                 relevant agency with jurisdiction with re-
                                                                         7                                 spect to any exemptions from such obliga-
                                                                         8                                 tion.
                                                                         9              (b) PUBLIC ACCOMMODATION LAWS.—
                                                                       10                        (1) DEFINITIONS.—In this subsection—
                                                                       11                                  (A) the term ‘‘auxiliary aids and services’’
                                                                       12                        has the meaning given the term in section 4 of
                                                                       13                        the Americans with Disabilities Act of 1990 (42
                                                                       14                        U.S.C. 12103);
                                                                       15                                  (B) the term ‘‘covered public accommoda-
                                                                       16                        tion law’’ means—
                                                                       17                                          (i) title III of the Americans with Dis-
                                                                       18                                  abilities Act of 1990 (42 U.S.C. 12181 et
                                                                       19                                  seq.); or
                                                                       20                                          (ii) title II of the Civil Rights Act of
                                                                       21                                  1964 (42 U.S.C. 2000a et seq.);
                                                                       22                                  (C) the term ‘‘place of public accommoda-
                                                                       23                        tion’’ means—




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                                                                         1                                        (i) a place of public accommodation,
                                                                         2                                 as defined in section 201 of the Civil
                                                                         3                                 Rights Act of 1964 (42 U.S.C. 2000a); or
                                                                         4                                        (ii) a public accommodation, as de-
                                                                         5                                 fined in section 301 of the Americans with
                                                                         6                                 Disabilities            Act        of      1990          (42   U.S.C.
                                                                         7                                 12181); and
                                                                         8                                 (D) the term ‘‘public health emergency pe-
                                                                         9                       riod’’ means a period designated a public health
                                                                       10                        emergency period by a Federal, State, or local
                                                                       11                        government authority.
                                                                       12                        (2) ACTIONS AND MEASURES DURING A PUBLIC
                                                                       13               HEALTH EMERGENCY.—

                                                                       14                                  (A) IN          GENERAL.—Notwithstanding                         any
                                                                       15                        other provision of law or regulation, during any
                                                                       16                        public health emergency period, no person who
                                                                       17                        owns, leases (or leases to), or operates a place
                                                                       18                        of public accommodation shall be liable under,
                                                                       19                        or found in violation of, any covered public ac-
                                                                       20                        commodation law for any action or measure
                                                                       21                        taken regarding coronavirus and that place of
                                                                       22                        public accommodation, if such person—
                                                                       23                                         (i) has determined that the significant




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                                                                       24                                  risk of substantial harm to public health or
                                                                       25                                  the health of employees cannot be reduced


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                                                                         1                                 or eliminated by reasonably modifying poli-
                                                                         2                                 cies, practices, or procedures, or the provi-
                                                                         3                                 sion of an auxiliary aid or service; or
                                                                         4                                        (ii) has offered such a reasonable
                                                                         5                                 modification or auxiliary aid or service but
                                                                         6                                 such offer has been rejected by the indi-
                                                                         7                                 vidual protected by the covered law.
                                                                         8                                 (B) REQUIRED WAIVER PROHIBITED.—For
                                                                         9                       purposes of this subsection, no person who
                                                                       10                        owns, leases (or leases to), or operates a place
                                                                       11                        of public accommodation shall be required to
                                                                       12                        waive         any        measure,              requirement,              or   rec-
                                                                       13                        ommendation that has been adopted in accord-
                                                                       14                        ance with a requirement or recommendation
                                                                       15                        issued by the Federal Government or any State
                                                                       16                        or local government with regard to coronavirus,
                                                                       17                        in order to offer such a reasonable modification
                                                                       18                        or auxiliary aids and services.
                                                                       19      SEC. 152. LIABILITY FOR CONDUCTING TESTING AT WORK-

                                                                       20                              PLACE.

                                                                       21               Notwithstanding any other provision of Federal,
                                                                       22 State, or local law, an employer, or other person who hires
                                                                       23 or contracts with other individuals to provide services, that




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                                                                       24 conducts tests for coronavirus on the employees of the em-
                                                                       25 ployer or persons hired or contracted to provide services


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                                                                         1 shall not be liable for any action or personal injury directly
                                                                         2 resulting from such testing, except for those personal inju-
                                                                         3 ries caused by the gross negligence or intentional mis-
                                                                         4 conduct of the employer or other person.
                                                                         5     SEC. 153. JOINT EMPLOYMENT AND INDEPENDENT CON-

                                                                         6                             TRACTING.

                                                                         7              Notwithstanding any other provision of Federal or
                                                                         8 State law, including any covered Federal employment law
                                                                         9 (as defined in section 181(a)), the Labor Management Re-
                                                                       10 lations Act, 1947 (29 U.S.C. 141 et seq.), the Employ-
                                                                       11 ment Retirement Income Security Act of 1974 (29 U.S.C.
                                                                       12 1001 et seq.), and the Family and Medical Leave Act of
                                                                       13 1993 (29 U.S.C. 2601 et seq.), it shall not constitute evi-
                                                                       14 dence of a joint employment relationship or employment
                                                                       15 relationship for any employer to provide or require, for
                                                                       16 an employee of another employer or for an independent
                                                                       17 contractor, any of the following:
                                                                       18                        (1) Coronavirus-related policies, procedures, or
                                                                       19               training.
                                                                       20                        (2) Personal protective equipment or training
                                                                       21               for the use of such equipment.
                                                                       22                        (3) Cleaning or disinfecting services or the
                                                                       23               means for such cleaning or disinfecting.




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                                                                       24                        (4) Workplace testing for coronavirus.




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                                                                         1                       (5) Temporary assistance due to coronavirus,
                                                                         2              including financial assistance or other health and
                                                                         3              safety benefits.
                                                                         4     SEC. 154. EXCLUSION OF CERTAIN NOTIFICATION RE-

                                                                         5                             QUIREMENTS AS A RESULT OF THE COVID–19

                                                                         6                             PUBLIC HEALTH EMERGENCY.

                                                                         7              (a) DEFINITIONS.—Section 2(a) of the Worker Ad-
                                                                         8 justment and Retraining Notification Act (29 U.S.C.
                                                                         9 2101(a)) is amended—
                                                                       10                        (1) in paragraph (2), by adding before the
                                                                       11               semicolon at the end the following: ‘‘and the shut-
                                                                       12               down, if occurring during the covered period, is not
                                                                       13               a result of the COVID–19 national emergency’’;
                                                                       14                        (2) in paragraph (3)—
                                                                       15                                  (A) in subparagraph (A), by striking
                                                                       16                        ‘‘and’’ at the end;
                                                                       17                                  (B) in subparagraph (B), by adding ‘‘and’’
                                                                       18                        at the end; and
                                                                       19                                  (C) by adding at the end the following:
                                                                       20                                  ‘‘(C) if occurring during the covered pe-
                                                                       21                        riod, is not a result of the COVID–19 national
                                                                       22                        emergency;’’;
                                                                       23                        (3) in paragraph (7), by striking ‘‘and’’;




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                                                                       24                        (4) in paragraph (8), by striking the period at
                                                                       25               the end and inserting a semicolon; and


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                                                                         1                       (5) by adding at the end the following:
                                                                         2                       ‘‘(9) the term ‘covered period’ means the period
                                                                         3              that—
                                                                         4                                 ‘‘(A) begins on January 1, 2020; and
                                                                         5                                 ‘‘(B) ends 90 days after the last date of
                                                                         6                       the COVID–19 national emergency; and
                                                                         7                       ‘‘(10) the term ‘COVID–19 national emergency’
                                                                         8              means the national emergency declared by the Presi-
                                                                         9              dent under the National Emergencies Act (50
                                                                       10               U.S.C. 1601 et seq.) with respect to the Coronavirus
                                                                       11               Disease 2019 (COVID–19).’’.
                                                                       12               (b) EXCLUSION FROM DEFINITION OF EMPLOYMENT
                                                                       13 LOSS.—Section 2(b) of the Worker Adjustment and Re-
                                                                       14 training Notification Act (29 U.S.C. 2101(b)) is amended
                                                                       15 by adding at the end the following:
                                                                       16                        ‘‘(3) Notwithstanding subsection (a)(6), during
                                                                       17               the covered period an employee may not be consid-
                                                                       18               ered to have experienced an employment loss if the
                                                                       19               termination, layoff exceeding 6 months, or reduction
                                                                       20               in hours of work of more than 50 percent during
                                                                       21               each month of any 6-month period involved is a re-
                                                                       22               sult of the COVID–19 national emergency.’’.




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                                                                         1                                    PART II—PRODUCTS

                                                                         2     SEC. 161. APPLICABILITY OF THE TARGETED LIABILITY

                                                                         3                             PROTECTIONS                   FOR         PANDEMIC                 AND   EPI-

                                                                         4                             DEMIC PRODUCTS AND SECURITY COUNTER-

                                                                         5                             MEASURES WITH RESPECT TO COVID–19.

                                                                         6              (a) IN GENERAL.—Section 319F–3(i)(1) of the Pub-
                                                                         7 lic Health Service Act (42 U.S.C. 247d–6d(i)(1)) is
                                                                         8 amended—
                                                                         9                       (1) in subparagraph (C), by striking ‘‘; or’’ and
                                                                       10               inserting a semicolon;
                                                                       11                        (2) in subparagraph (D), by striking the period
                                                                       12               and inserting ‘‘; or’’; and
                                                                       13                        (3) by adding at the end the following:
                                                                       14                                  ‘‘(E) a drug (as such term is defined in
                                                                       15                        section 201(g)(1) of the Federal Food, Drug,
                                                                       16                        and Cosmetic Act), biological product (including
                                                                       17                        a vaccine) (as such term is defined in section
                                                                       18                        351(i)), or device (as such term is defined in
                                                                       19                        section 201(h) of the Federal Food, Drug, and
                                                                       20                        Cosmetic Act) that—
                                                                       21                                         ‘‘(i) is the subject of a notice of use
                                                                       22                                  of enforcement discretion issued by the
                                                                       23                                  Secretary if such drug, biological product,




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                                                                       24                                  or device is used—
                                                                       25                                                  ‘‘(I) when such notice is in effect;


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                                                                         1                                                 ‘‘(II) within the scope of such no-
                                                                         2                                        tice; and
                                                                         3                                                 ‘‘(III) in compliance with other
                                                                         4                                        applicable requirements of the Federal
                                                                         5                                        Food, Drug, and Cosmetic Act that
                                                                         6                                        are not the subject of such notice;
                                                                         7                                        ‘‘(ii) in the case of a device, is exempt
                                                                         8                                 from the requirement under section 510(k)
                                                                         9                                 of the Federal Food, Drug, and Cosmetic
                                                                       10                                  Act; or
                                                                       11                                         ‘‘(iii) in the case of a drug—
                                                                       12                                                  ‘‘(I) meets the requirements for
                                                                       13                                         marketing under a final administra-
                                                                       14                                         tive order under section 505G of the
                                                                       15                                         Federal Food, Drug, and Cosmetic
                                                                       16                                         Act; or
                                                                       17                                                  ‘‘(II) is marketed in accordance
                                                                       18                                         with section 505G(a)(3) of such Act.’’.
                                                                       19               (b) CLARIFYING MEANS OF DISTRIBUTION.—Section
                                                                       20 319F–3(a)(5) of the Public Health Service Act (42 U.S.C.
                                                                       21 247d–6d(a)(5)) is amended by inserting ‘‘by, or in part-
                                                                       22 nership with, Federal, State, or local public health officials
                                                                       23 or the private sector’’ after ‘‘distribution’’ the first place




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                                                                       24 it appears.




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                                                                         1              (c) NO CHANGE TO ADMINISTRATIVE PROCEDURE
                                                                         2 ACT APPLICATION TO ENFORCEMENT DISCRETION EXER-
                                                                         3     CISE.—Section 319F–3 of the Public Health Service Act

                                                                         4 (42 U.S.C. 247d–6d) is amended by adding at the end
                                                                         5 the following:
                                                                         6              ‘‘(j) RULE OF CONSTRUCTION.—Nothing in this sec-
                                                                         7 tion shall be construed—
                                                                         8                       ‘‘(1) to require use of procedures described in
                                                                         9              section 553 of title 5, United States Code, for a no-
                                                                       10               tice of use of enforcement discretion for which such
                                                                       11               procedures are not otherwise required; or
                                                                       12                        ‘‘(2) to affect whether such notice constitutes
                                                                       13               final agency action within the meaning of section
                                                                       14               704 of title 5, United States Code.’’.
                                                                       15                         PART III—GENERAL PROVISIONS

                                                                       16      SEC. 171. SEVERABILITY.

                                                                       17               If any provision of this subtitle, an amendment made
                                                                       18 by this subtitle, or the application of such a provision or
                                                                       19 amendment to any person or circumstance is held to be
                                                                       20 unconstitutional, the remaining provisions of and amend-
                                                                       21 ments made by this subtitle, as well as the application of
                                                                       22 such provision or amendment to any person other than
                                                                       23 the parties to the action holding the provision or amend-




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                                                                       24 ment to be unconstitutional, or to any circumstances other




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                                                                         1 than those presented in such action, shall not be affected
                                                                         2 thereby.
                                                                         3 TITLE II—THE NEXT GREAT
                                                                         4    AMERICAN ECONOMIC RE-
                                                                         5    COVERY: JOB CREATION
                                                                         6     SEC. 201. EXPENSING OF CERTAIN PROPERTY.

                                                                         7              (a) PERMANENT FULL EXPENSING FOR QUALIFIED
                                                                         8 PROPERTY.—
                                                                         9                       (1) IN GENERAL.—Paragraph (6) of section
                                                                       10               168(k) of the Internal Revenue Code of 1986 is
                                                                       11               amended to read as follows:
                                                                       12                        ‘‘(6) APPLICABLE PERCENTAGE.—For purposes
                                                                       13               of this subsection, the term ‘applicable percentage’
                                                                       14               means, in the case of property placed in service (or,
                                                                       15               in the case of a specified plant described in para-
                                                                       16               graph (5), a plant which is planted or grafted) after
                                                                       17               September 27, 2017, 100 percent.’’.
                                                                       18                        (2) CONFORMING AMENDMENTS.—
                                                                       19                                  (A) Section 168(k) of such Code is amend-
                                                                       20                        ed—
                                                                       21                                         (i) in paragraph (2)—
                                                                       22                                                  (I) in subparagraph (A)—
                                                                       23                                                            (aa) in clause (i)(V), by in-




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                                                                       24                                                  serting ‘‘and’’ at the end,




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                                                                         1                                                           (bb) in clause (ii), by strik-
                                                                         2                                                 ing ‘‘clause (ii) of subparagraph
                                                                         3                                                 (E), and’’ and inserting ‘‘clause
                                                                         4                                                 (i) of subparagraph (E).’’, and
                                                                         5                                                           (cc) by striking clause (iii),
                                                                         6                                                 (II) in subparagraph (B)—
                                                                         7                                                           (aa) in clause (i)—
                                                                         8                                                                    (AA) by striking sub-
                                                                         9                                                           clauses (II) and (III), and
                                                                       10                                                                     (BB) by redesignating
                                                                       11                                                            subclauses               (IV)        through
                                                                       12                                                            (VI)         as       subclauses        (II)
                                                                       13                                                            through (IV), respectively,
                                                                       14                                                            (bb) by striking clause (ii),
                                                                       15                                                  and
                                                                       16                                                            (cc) by redesignating clauses
                                                                       17                                                  (iii) and (iv) as clauses (ii) and
                                                                       18                                                  (iii), respectively,
                                                                       19                                                  (III) in subparagraph (C)—
                                                                       20                                                            (aa) in clause (i), by striking
                                                                       21                                                  ‘‘and subclauses (II) and (III) of
                                                                       22                                                  subparagraph (B)(i)’’, and
                                                                       23                                                            (bb) in clause (ii), by strik-




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                                                                       24                                                  ing ‘‘subparagraph (B)(iii)’’ and




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                                                                         1                                                 inserting ‘‘subparagraph (B)(ii)’’,
                                                                         2                                                 and
                                                                         3                                                 (IV) in subparagraph (E)—
                                                                         4                                                           (aa) by striking clause (i),
                                                                         5                                                 and
                                                                         6                                                           (bb)            by           redesignating
                                                                         7                                                 clauses (ii) and (iii) as clauses (i)
                                                                         8                                                 and (ii), respectively, and
                                                                         9                                        (ii) in paragraph (5)(A), by striking
                                                                       10                                  ‘‘planted before January 1, 2027, or is
                                                                       11                                  grafted before such date to a plant that
                                                                       12                                  has already been planted,’’ and inserting
                                                                       13                                  ‘‘planted or grafted’’.
                                                                       14                                  (B) Section 460(c)(6)(B) of such Code is
                                                                       15                        amended by striking ‘‘which’’ and all that fol-
                                                                       16                        lows through the period and inserting ‘‘which
                                                                       17                        has a recovery period of 7 years or less.’’.
                                                                       18                        (3) EFFECTIVE DATE.—The amendments made
                                                                       19               by this subsection shall take effect as if included in
                                                                       20               section 13201 of Public Law 115–97.
                                                                       21               (b) NEUTRAL COST RECOVERY DEPRECIATION AD-
                                                                       22      JUSTMENT FOR                    RESIDENTIAL RENTAL PROPERTY AND
                                                                       23 NONRESIDENTIAL REAL PROPERTY.—




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                                                                         1                       (1) IN GENERAL.—Section 168 of the Internal
                                                                         2              Revenue Code of 1986 is amended by adding at the
                                                                         3              end thereof the following new subsection:
                                                                         4              ‘‘(n) NEUTRAL COST RECOVERY DEPRECIATION AD-
                                                                         5     JUSTMENT FOR                    RESIDENTIAL RENTAL PROPERTY AND
                                                                         6 NONRESIDENTIAL REAL PROPERTY.—
                                                                         7                       ‘‘(1) IN GENERAL.—In the case of any applica-
                                                                         8              ble property, the deduction under this section with
                                                                         9              respect to such property for any taxable year after
                                                                       10               the taxable year during which the property is placed
                                                                       11               in service shall be—
                                                                       12                                  ‘‘(A) the amount determined under this
                                                                       13                        section for such taxable year without regard to
                                                                       14                        this subsection, multiplied by
                                                                       15                                  ‘‘(B) the applicable neutral cost recovery
                                                                       16                        ratio for such taxable year.
                                                                       17                        ‘‘(2) APPLICABLE NEUTRAL COST RECOVERY
                                                                       18               RATIO.—For purposes of paragraph (1), the applica-

                                                                       19               ble neutral cost recovery ratio for the applicable
                                                                       20               property for any taxable year is the number deter-
                                                                       21               mined by—
                                                                       22                                  ‘‘(A) dividing—
                                                                       23                                         ‘‘(i)       the        gross          domestic          product




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                                                                       24                                  deflator for the calendar quarter ending in
                                                                       25                                  such taxable year which corresponds to the


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                                                                         1                                 calendar quarter during which the property
                                                                         2                                 was placed in service by the taxpayer, by
                                                                         3                                        ‘‘(ii)          the     gross          domestic          product
                                                                         4                                 deflator for the calendar quarter during
                                                                         5                                 which the property was placed in service by
                                                                         6                                 the taxpayer, and
                                                                         7                                 ‘‘(B) then multiplying the number deter-
                                                                         8                       mined under subparagraph (A) by the number
                                                                         9                       equal to 1.03 to the nth power where ‘n’ is the
                                                                       10                        number of full years in the period beginning on
                                                                       11                        the 1st day of the calendar quarter during
                                                                       12                        which the property was placed in service by the
                                                                       13                        taxpayer and ending on the day before the be-
                                                                       14                        ginning of the corresponding calendar quarter
                                                                       15                        ending during such taxable year.
                                                                       16               The applicable neutral cost recovery ratio shall never
                                                                       17               be less than 1. The applicable neutral cost recovery
                                                                       18               ratio shall be rounded to the nearest 1⁄1000.
                                                                       19                        ‘‘(3) SPECIAL                    RULE          FOR        EXISTING         PROP-

                                                                       20               ERTY.—In the case of any applicable property which

                                                                       21               is placed in service before the date of enactment of
                                                                       22               this subsection, subparagraphs (A)(ii) and (B) of
                                                                       23               paragraph (2) shall be applied by substituting ‘cal-




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                                                                       24               endar quarter which includes the date of enactment
                                                                       25               of this subsection’ for ‘calendar quarter during


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                                                                         1              which the property was placed in service by the tax-
                                                                         2              payer’ each place it appears.
                                                                         3                       ‘‘(4) GROSS DOMESTIC PRODUCT DEFLATOR.—
                                                                         4              For purposes of paragraph (2), the gross domestic
                                                                         5              product deflator for any calendar quarter is the im-
                                                                         6              plicit price deflator for the gross domestic product
                                                                         7              for such quarter (as shown in the first revision
                                                                         8              thereof).
                                                                         9                       ‘‘(5) ELECTION                    NOT        TO      HAVE          SUBSECTION

                                                                       10               APPLY.—This subsection shall not apply to any ap-

                                                                       11               plicable property if the taxpayer elects not to have
                                                                       12               this subsection apply to such property. Such an elec-
                                                                       13               tion, once made, shall be irrevocable.
                                                                       14                        ‘‘(6) ADDITIONAL DEDUCTION NOT TO AFFECT
                                                                       15               BASIS OR RECAPTURE.—

                                                                       16                                  ‘‘(A)         IN         GENERAL.—The                          additional
                                                                       17                        amount determined under this section by reason
                                                                       18                        of this subsection shall not be taken into ac-
                                                                       19                        count in determining the adjusted basis of any
                                                                       20                        applicable property or of any interest in a pass-
                                                                       21                        thru entity which holds such property and shall
                                                                       22                        not be treated as a deduction for depreciation
                                                                       23                        for purposes of sections 1245 and 1250.




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                                                                         1                                 ‘‘(B) PASS-THRU ENTITY DEFINED.—For
                                                                         2                       purposes of subparagraph (A), the term ‘pass-
                                                                         3                       thru entity’ means—
                                                                         4                                        ‘‘(i) a regulated investment company,
                                                                         5                                        ‘‘(ii) a real estate investment trust,
                                                                         6                                        ‘‘(iii) an S corporation,
                                                                         7                                        ‘‘(iv) a partnership,
                                                                         8                                        ‘‘(v) an estate or trust, and
                                                                         9                                        ‘‘(vi) a common trust fund.
                                                                       10                        ‘‘(7) APPLICABLE PROPERTY.—For purposes of
                                                                       11               this subsection, the term ‘applicable property’ means
                                                                       12               residential rental property or nonresidential real
                                                                       13               property (as such terms are defined in subsection
                                                                       14               (e)(2)).’’.
                                                                       15                        (2) MINIMUM                      TAX     TREATMENT.—Paragraph

                                                                       16               (1) of section 56(a) of such Code is amended by
                                                                       17               adding at the end thereof the following new subpara-
                                                                       18               graph:
                                                                       19                                  ‘‘(E) USE OF NEUTRAL COST RECOVERY
                                                                       20                        RATIO.—In the case of property to which sec-

                                                                       21                        tion 168(n) applies, the deduction allowable
                                                                       22                        under this paragraph with respect to such prop-
                                                                       23                        erty for any taxable year (after the taxable year




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                                                                       24                        during which the property is placed in service)
                                                                       25                        shall be—


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                                                                         1                                        ‘‘(i) the amount so allowable for such
                                                                         2                                 taxable year without regard to this sub-
                                                                         3                                 paragraph, multiplied by
                                                                         4                                        ‘‘(ii) the applicable neutral cost recov-
                                                                         5                                 ery ratio for such taxable year (as deter-
                                                                         6                                 mined under section 168(n)).
                                                                         7                       This subparagraph shall not apply to any prop-
                                                                         8                       erty with respect to which there is an election
                                                                         9                       in effect not to have section 168(n) apply.’’.
                                                                       10                        (3) EFFECTIVE DATE.—The amendments made
                                                                       11               by this subsection shall apply to property placed in
                                                                       12               service before, on, or after the date of the enactment
                                                                       13               of this Act, with respect to taxable years ending on
                                                                       14               or after such date.
                                                                       15               (c) ELIMINATION OF AMORTIZATION OF RESEARCH
                                                                       16      AND EXPERIMENTAL EXPENDITURES.—

                                                                       17                        (1) IN GENERAL.—Subpart A of part III of
                                                                       18               subtitle C of title I of Public Law 115–97 is amend-
                                                                       19               ed by striking section 13206.
                                                                       20                        (2) EFFECTIVE DATE.—The amendment made
                                                                       21               by this subsection shall take effect on the date of the
                                                                       22               enactment of this Act.
                                                                       23      SEC. 202. TEMPORARY SUSPENSION OF PAYROLL TAXES.




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                                                                       24               (a) IN GENERAL.—Notwithstanding any other provi-
                                                                       25 sion of law—


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                                                                         1                       (1) with respect to remuneration received for
                                                                         2              pay periods ending during the payroll tax suspension
                                                                         3              period, the rate of tax under 3101(a) of the Internal
                                                                         4              Revenue Code of 1986 shall be 0 percent,
                                                                         5                       (2) with respect to compensation received for
                                                                         6              pay periods ending during the payroll tax suspension
                                                                         7              period, the rate of tax under 3201(a) of such Code
                                                                         8              shall be 0 percent,
                                                                         9                       (3) with respect to remuneration paid for pay
                                                                       10               periods ending during the payroll tax suspension pe-
                                                                       11               riod, the rate of tax under section 3111(a) of such
                                                                       12               Code shall be 0 percent (including for purposes of
                                                                       13               determining the applicable percentage under section
                                                                       14               3221(a) of such Code), and
                                                                       15                        (4) with respect to self-employment income de-
                                                                       16               rived by an individual during the payroll tax suspen-
                                                                       17               sion period, the rate of tax under section 1401(a) of
                                                                       18               such Code shall be 0 percent.
                                                                       19               (b) COORDINATION WITH DEDUCTIONS FOR EM-
                                                                       20      PLOYMENT TAXES.—

                                                                       21                        (1) DEDUCTION IN COMPUTING NET EARNINGS
                                                                       22               FROM SELF-EMPLOYMENT.—For purposes of apply-

                                                                       23               ing section 1402(a)(12) of the Internal Revenue




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                                                                       24               Code of 1986, the rate of tax imposed by section
                                                                       25               1401(a) of such Code shall be determined without


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                                                                         1              regard to the reduction in such rate under this sec-
                                                                         2              tion.
                                                                         3                       (2) INDIVIDUAL DEDUCTION.—In the case of
                                                                         4              the taxes imposed by section 1401 of such Code for
                                                                         5              any taxable year which begins in the payroll tax holi-
                                                                         6              day period, the deduction under section 164(f) of
                                                                         7              such Code with respect to such taxes shall be deter-
                                                                         8              mined without regard to the reduction in such rate
                                                                         9              under this section.
                                                                       10               (c) PAYROLL TAX SUSPENSION PERIOD.—For pur-
                                                                       11 poses of this section, the term ‘‘payroll tax suspension pe-
                                                                       12 riod’’ means the period beginning on the day after the date
                                                                       13 of the enactment of this Act and ending on December 31,
                                                                       14 2020.
                                                                       15               (d) WAGES.—For purposes of this section, the term
                                                                       16 ‘‘wages’’ means wages (as defined in section 3121(a) of
                                                                       17 the Internal Revenue Code of 1986) and compensation (as
                                                                       18 defined in section 3231(e) of such Code).
                                                                       19               (e) OTHER TERMS.—Any term used in this section
                                                                       20 which is also used in chapter 21 or 22 of the Internal
                                                                       21 Revenue Code of 1986 shall have the same meaning as
                                                                       22 when used in such chapter.
                                                                       23               (f) EMPLOYER NOTIFICATION.—The Secretary of the




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                                                                       24 Treasury (or such Secretary’s delegate) shall notify em-




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                                                                         1 ployers of the payroll tax suspension period in any manner
                                                                         2 the Secretary deems appropriate.
                                                                         3              (g) COORDINATION WITH DELAY OF PAYMENT OF
                                                                         4 EMPLOYER PAYROLL TAXES.—Section 2302(d)(2) of the
                                                                         5 CARES Act (Public Law 116–136) is amended by striking
                                                                         6 ‘‘January 1, 2021’’ and inserting ‘‘the date of the enact-
                                                                         7 ment of the RECOVERY Act’’.
                                                                         8              (h) REGULATIONS.—The Secretary of the Treasury
                                                                         9 (or such Secretary’s delegate) shall issue such regulations
                                                                       10 or other guidance as necessary to carry out the purposes
                                                                       11 of this section.
                                                                       12               (i) TRANSFERS OF FUNDS.—
                                                                       13                        (1) TRANSFERS                     TO FEDERAL OLD-AGE AND

                                                                       14               SURVIVORS INSURANCE TRUST FUND.—There                                             are
                                                                       15               hereby appropriated to the Federal Old-Age and
                                                                       16               Survivors Insurance Trust Fund and the Federal
                                                                       17               Disability Insurance Trust Fund established under
                                                                       18               section 201 of the Social Security Act (42 U.S.C.
                                                                       19               401) and the Social Security Equivalent Benefit Ac-
                                                                       20               count established under section 15A(a) of the Rail-
                                                                       21               road Retirement Act of 1974 (45 U.S.C. 231n–1(a))
                                                                       22               amounts equal to the reduction in revenues to the
                                                                       23               Treasury by reason of this section (without regard




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                                                                       24               to this subsection). Amounts appropriated by the
                                                                       25               preceding sentence shall be transferred from the


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                                                                         1              general fund at such times and in such manner as
                                                                         2              to replicate to the extent possible the transfers
                                                                         3              which would have occurred to such Trust Fund or
                                                                         4              Account had this section not been enacted.
                                                                         5                       (2) COORDINATION                         WITH           OTHER            FEDERAL

                                                                         6              LAWS.—For               purposes of applying any provision of
                                                                         7              Federal law other than the provisions of the Internal
                                                                         8              Revenue Code of 1986, the rate of tax in effect
                                                                         9              under section 3101(a) of such Code shall be deter-
                                                                       10               mined without regard to the reduction in such rate
                                                                       11               under this section.
                                                                       12      SEC. 203. ONSHORING RARE EARTHS ACT.

                                                                       13               (a) PERMANENT FULL EXPENSING FOR PROPERTY
                                                                       14 USED TO EXTRACT CRITICAL MINERALS AND METALS
                                                                       15 WITHIN THE UNITED STATES.—
                                                                       16                        (1) IN GENERAL.—Section 168(k) of the Inter-
                                                                       17               nal Revenue Code of 1986 is amended by adding at
                                                                       18               the end the following:
                                                                       19                        ‘‘(11) SPECIAL RULE FOR PROPERTY USED IN
                                                                       20               THE MINING, RECLAIMING, OR RECYCLING OF CRIT-

                                                                       21               ICAL MINERALS AND METALS WITHIN THE UNITED

                                                                       22               STATES.—

                                                                       23                                  ‘‘(A) IN GENERAL.—In the case of any




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                                                                       24                        qualified property which is substantially in-
                                                                       25                        volved in mining, reclaiming, or recycling crit-


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                                                                         1                       ical minerals and metals from deposits in the
                                                                         2                       United States, the applicable percentage shall
                                                                         3                       be 100 percent.
                                                                         4                                 ‘‘(B) CRITICAL MINERALS AND METALS.—
                                                                         5                       For purposes of this paragraph, the term ‘crit-
                                                                         6                       ical minerals and metals’ means cerium, cobalt,
                                                                         7                       dysprosium,               erbium,            europium,              gadolinium,
                                                                         8                       graphite, holmium, lanthanum, lithium, lute-
                                                                         9                       tium, manganese, neodymium, praseodymium,
                                                                       10                        promethium, samarium, scandium, terbium,
                                                                       11                        thulium, ytterbium, and yttrium.’’.
                                                                       12                        (2) EFFECTIVE DATE.—The amendment made
                                                                       13               by this subsection shall apply to property placed in
                                                                       14               service after December 31, 2019.
                                                                       15               (b) PERMANENT FULL EXPENSING FOR NONRESI-
                                                                       16      DENTIAL REAL PROPERTY USED IN THE MINING, RE-

                                                                       17      CLAIMING, OR RECYCLING OF CRITICAL MINERALS AND

                                                                       18 METALS WITHIN THE UNITED STATES.—
                                                                       19                        (1) IN GENERAL.—Section 168 of the Internal
                                                                       20               Revenue Code of 1986, as amended by this Act, is
                                                                       21               further amended by adding at the end the following
                                                                       22               new subsection:
                                                                       23               ‘‘(o) SPECIAL ALLOWANCE FOR NONRESIDENTIAL




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                                                                       24 REAL PROPERTY USED IN THE MINING, RECLAIMING, OR




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                                                                         1 RECYCLING OF CRITICAL MINERALS AND METALS WITH-
                                                                         2     IN THE UNITED STATES.—

                                                                         3                       ‘‘(1) NEW STRUCTURES.—In the case of any
                                                                         4              qualified real property—
                                                                         5                                 ‘‘(A)(i) if such property is placed in service
                                                                         6                       on or after the date of enactment of this sub-
                                                                         7                       section, the depreciation deduction provided by
                                                                         8                       section 167(a) for the taxable year in which
                                                                         9                       such property is placed in service shall include
                                                                       10                        an allowance equal to 100 percent of the ad-
                                                                       11                        justed basis of such property, or
                                                                       12                                  ‘‘(ii) if such property was placed in service
                                                                       13                        before the date of enactment of this subsection,
                                                                       14                        the depreciation deduction provided by section
                                                                       15                        167(a) for the first taxable year beginning after
                                                                       16                        such date shall include an allowance equal to
                                                                       17                        100 percent of the adjusted basis of such prop-
                                                                       18                        erty, and
                                                                       19                                  ‘‘(B) the adjusted basis of such property
                                                                       20                        shall be reduced by the amount of such deduc-
                                                                       21                        tion before computing the amount otherwise al-
                                                                       22                        lowable as a depreciation deduction under this
                                                                       23                        chapter for such taxable year and any subse-




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                                                                       24                        quent taxable year.




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                                                                         1                       ‘‘(2) QUALIFIED REAL PROPERTY.—For pur-
                                                                         2              poses of this subsection, the term ‘qualified real
                                                                         3              property’ means any nonresidential real property
                                                                         4              which is substantially involved in mining, reclaiming,
                                                                         5              or recycling critical minerals and metals (as defined
                                                                         6              in subsection (k)(11)(B)) from deposits in the
                                                                         7              United States.’’.
                                                                         8                       (2) EFFECTIVE DATE.—The amendment made
                                                                         9              by this subsection shall apply to taxable years begin-
                                                                       10               ning after December 31, 2019.
                                                                       11               (c) DEDUCTION FOR PURCHASE OF CRITICAL MIN-
                                                                       12      ERALS AND METALS MINED, RECLAIMED, OR RECYCLED

                                                                       13 WITHIN THE UNITED STATES.—
                                                                       14                        (1) IN GENERAL.—Part VI of subchapter B of
                                                                       15               chapter 1 of the Internal Revenue Code of 1986 is
                                                                       16               amended by inserting after section 176 the following
                                                                       17               new section:
                                                                       18      ‘‘SEC. 177. DEDUCTION FOR PURCHASE OF CRITICAL MIN-

                                                                       19                              ERALS AND METALS MINED, RECLAIMED, OR

                                                                       20                              RECYCLED WITHIN THE UNITED STATES.

                                                                       21               ‘‘(a) ALLOWANCE OF DEDUCTION.—There shall be
                                                                       22 allowed as a deduction for the taxable year an amount
                                                                       23 equal to 200 percent of the cost paid or incurred by the




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                                                                       24 taxpayer for the purchase or acquisition of critical min-
                                                                       25 erals and metals (as defined in section 168(k)(11)(B))


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                                                                         1 which have been mined, reclaimed, or recycled from depos-
                                                                         2 its in the United States.
                                                                         3              ‘‘(b) APPLICATION WITH OTHER DEDUCTIONS.—No
                                                                         4 deduction shall be allowed under any other provision of
                                                                         5 this chapter with respect to any expenditure with respect
                                                                         6 to which a deduction is allowed or allowable under this
                                                                         7 section to the taxpayer.’’.
                                                                         8                       (2) CONFORMING AMENDMENT.—The table of
                                                                         9              sections for part VI of subchapter B of chapter 1 of
                                                                       10               such Code is amended by inserting after the item re-
                                                                       11               lating to section 176 the following new item:
                                                                               ‘‘Sec. 177. Deduction for purchase of critical minerals and metals mined, re-
                                                                                               claimed, or recycled within the United States.’’.

                                                                       12                        (3) EFFECTIVE DATE.—The amendments made
                                                                       13               by this subsection shall apply to amounts paid or in-
                                                                       14               curred after December 31, 2019.
                                                                       15               (d) MODIFICATION OF PROHIBITION ON ACQUISITION
                                                                       16      OF CERTAIN SENSITIVE MATERIALS.—

                                                                       17                        (1) EXTENSION OF PROHIBITION TO MINED,
                                                                       18               REFINED, AND SEPARATED MATERIALS.—Subsection

                                                                       19               (a)(1) of section 2533c of title 10, United States
                                                                       20               Code, is amended by striking ‘‘melted or produced’’
                                                                       21               and inserting ‘‘mined, refined, separated, melted, or
                                                                       22               produced’’.




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                                                                       23                        (2)        COMMERCIALLY                       AVAILABLE                  OFF-THE-

                                                                       24               SHELF ITEM EXCEPTION.—Subsection (c)(3)(A)(i) of


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                                                                         1              such section is amended by striking ‘‘50 percent or
                                                                         2              more tungsten’’ and inserting ‘‘50 percent or more
                                                                         3              covered material’’.
                                                                         4              (e) GRANT PROGRAM FOR DEVELOPMENT OF CRIT-
                                                                         5     ICAL MINERALS AND METALS.—

                                                                         6                       (1) ESTABLISHMENT.—The Secretary of De-
                                                                         7              fense, in consultation with the Secretary of the Inte-
                                                                         8              rior, shall establish a grant program to finance pilot
                                                                         9              projects for the development of critical minerals and
                                                                       10               metals in the United States.
                                                                       11                        (2) LIMITATION ON GRANT AWARDS.—A grant
                                                                       12               awarded under paragraph (1) may not exceed
                                                                       13               $10,000,000.
                                                                       14                        (3) ECONOMIC VIABILITY.—In awarding grants
                                                                       15               under paragraph (1), the Secretary of Defense shall
                                                                       16               give priority to projects the Secretary determines are
                                                                       17               likely to be economically viable over the long term.
                                                                       18                        (4)        SECONDARY                  RECOVERY.—In                       awarding
                                                                       19               grants under paragraph (1) during a fiscal year, the
                                                                       20               Secretary of Defense shall seek to award not less
                                                                       21               than 30 percent of the total amount of grants
                                                                       22               awarded during that fiscal year for projects relating
                                                                       23               to secondary recovery of critical minerals and met-




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                                                                       24               als.




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                                                                         1                       (5) AUTHORIZATION                            OF      APPROPRIATIONS.—

                                                                         2              There are authorized to be appropriated to the Sec-
                                                                         3              retary of Defense $50,000,000 for each of fiscal
                                                                         4              years 2021 through 2024 to carry out the grant pro-
                                                                         5              gram established under paragraph (1).
                                                                         6                       (6) DEFINITIONS.—In this section:
                                                                         7                                 (A) CRITICAL MINERALS AND METALS.—
                                                                         8                       The term ‘‘critical minerals and metals’’ means
                                                                         9                       cerium, cobalt, dysprosium, erbium, europium,
                                                                       10                        gadolinium, graphite, holmium, lanthanum, lith-
                                                                       11                        ium, lutetium, manganese, neodymium, praseo-
                                                                       12                        dymium, promethium, samarium, scandium,
                                                                       13                        terbium, thulium, ytterbium, and yttrium.
                                                                       14                                  (B) SECONDARY                      RECOVERY.—The                  term
                                                                       15                        ‘‘secondary recovery’’ means the recovery of
                                                                       16                        minerals and metals from discarded end-use
                                                                       17                        products or from waste products produced dur-
                                                                       18                        ing the metal refining and manufacturing proc-
                                                                       19                        ess, including from mine waste piles, acid mine
                                                                       20                        drainage              sludge,         or        byproducts               produced
                                                                       21                        through legacy mining and metallurgy activities.




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                                                                         1     SEC. 204. ELIGIBILITY OF 501(c)(6) ORGANIZATIONS FOR

                                                                         2                             LOANS UNDER THE PAYCHECK PROTECTION

                                                                         3                             PROGRAM.

                                                                         4              Section 7(a)(36)(D) of the Small Business Act (15
                                                                         5 U.S.C. 636(a)(36)(D)) is amended—
                                                                         6                       (1) in clause (v), by inserting ‘‘or whether an
                                                                         7              entity described in clause (vii) employs not more
                                                                         8              than 300 employees,’’ after ‘‘clause (i)(I),’’; and
                                                                         9                       (2) by adding at the end the following:
                                                                       10                                         ‘‘(vii)         ELIGIBILITY                 FOR         CERTAIN

                                                                       11                                  501(C)(6) ORGANIZATIONS.—

                                                                       12                                                  ‘‘(I) IN            GENERAL.—Except                 as
                                                                       13                                         provided in subclause (II), any organi-
                                                                       14                                         zation that is described in section
                                                                       15                                         501(c)(6) of the Internal Revenue
                                                                       16                                         Code of 1986 and that is exempt from
                                                                       17                                         taxation under section 501(a) of such
                                                                       18                                         Code (excluding professional football
                                                                       19                                         leagues and organizations with the
                                                                       20                                         purpose of promoting or participating
                                                                       21                                         in a political campaign or other activ-
                                                                       22                                         ity) shall be eligible to receive a cov-
                                                                       23                                         ered loan if—
                                                                       24                                                            ‘‘(aa) the organization does




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                                                                       25                                                  not receive more than 10 percent


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                                                                                                                             108
                                                                         1                                                 of its receipts from lobbying ac-
                                                                         2                                                 tivities;
                                                                         3                                                           ‘‘(bb) the lobbying activities
                                                                         4                                                 of the organization do not com-
                                                                         5                                                 prise more than 10 percent of the
                                                                         6                                                 total activities of the organiza-
                                                                         7                                                 tion; and
                                                                         8                                                           ‘‘(cc) the organization em-
                                                                         9                                                 ploys not more than 300 employ-
                                                                       10                                                  ees.
                                                                       11                                                  ‘‘(II) DESTINATION MARKETING
                                                                       12                                         ORGANIZATIONS.—During the covered

                                                                       13                                         period, any destination marketing or-
                                                                       14                                         ganization shall be eligible to receive a
                                                                       15                                         covered loan if—
                                                                       16                                                            ‘‘(aa) the destination mar-
                                                                       17                                                  keting organization does not re-
                                                                       18                                                  ceive more than 10 percent of its
                                                                       19                                                  receipts from lobbying activities;
                                                                       20                                                            ‘‘(bb) the lobbying activities
                                                                       21                                                  of the destination marketing or-
                                                                       22                                                  ganization do not comprise more
                                                                       23                                                  than 10 percent of the total ac-




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                                                                       24                                                  tivities of the organization;




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                                                                         1                                                           ‘‘(cc) the destination mar-
                                                                         2                                                 keting organization employs not
                                                                         3                                                 more than 300 employees; and
                                                                         4                                                           ‘‘(dd) the destination mar-
                                                                         5                                                 keting organization—
                                                                         6                                                                    ‘‘(AA) is described in
                                                                         7                                                           section 501(c) of the Inter-
                                                                         8                                                           nal Revenue Code of 1986
                                                                         9                                                           and is exempt from taxation
                                                                       10                                                            under section 501(a) of such
                                                                       11                                                            Code; or
                                                                       12                                                                     ‘‘(BB) is a quasi-gov-
                                                                       13                                                            ernmental entity or is a po-
                                                                       14                                                            litical subdivision of a State
                                                                       15                                                            or local government, includ-
                                                                       16                                                            ing any instrumentality of
                                                                       17                                                            those entities.
                                                                       18                                                  ‘‘(III)            TIMING              OF      APPLICA-

                                                                       19                                         TION.—Any organization that is eligi-

                                                                       20                                         ble to receive a covered loan by reason
                                                                       21                                         of this clause shall submit an applica-
                                                                       22                                         tion for such loan not later than Sep-
                                                                       23                                         tember 30, 2020.’’.




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                                                                         1     SEC. 205. LIFT UP ACT.

                                                                         2              (a) SHORT TITLE.—This section may be cited as the
                                                                         3 ‘‘Loan Interest Forgiveness for Taxpayers Under a Pan-
                                                                         4 demic Act’’ or the ‘‘LIFT UP Act’’.
                                                                         5              (b) IN GENERAL.—Section 1112(a) of the CARES
                                                                         6 Act (Public Law 116–136) is amended—
                                                                         7                       (1) in paragraph (1), by striking ‘‘and’’ at the
                                                                         8              end;
                                                                         9                       (2) in paragraph (2), by striking the period at
                                                                       10               the end and inserting ‘‘; and’’; and
                                                                       11                        (3) by adding at the end the following:
                                                                       12                        ‘‘(3) made during the period beginning on Jan-
                                                                       13               uary 1, 2015, and ending on the day before the date
                                                                       14               of enactment of this paragraph—
                                                                       15                                  ‘‘(A) to a business concern under section
                                                                       16                        7(b)(1) of the Small Business Act (15 U.S.C.
                                                                       17                        636(b)(1)) that is unrelated to COVID–19; or
                                                                       18                                  ‘‘(B) under section 7(b)(2) of the Small
                                                                       19                        Business Act (15 U.S.C. 636(b)(2)) that is un-
                                                                       20                        related to COVID–19.’’.
                                                                       21      SEC. 206. REINS ACT.

                                                                       22               (a) SHORT TITLE.—This section may be cited as the
                                                                       23 ‘‘Regulations from the Executive in Need of Scrutiny Act
                                                                       24 of 2020’’.




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                                                                       25               (b) PURPOSE.—The purpose of this section is to in-
                                                                       26 crease accountability for and transparency in the Federal
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                                                                                                                             111
                                                                         1 regulatory process. Section 1 of article I of the United
                                                                         2 States Constitution grants all legislative powers to Con-
                                                                         3 gress. Over time, Congress has excessively delegated its
                                                                         4 constitutional charge while failing to conduct appropriate
                                                                         5 oversight and retain accountability for the content of the
                                                                         6 laws it passes. By requiring a vote in Congress, the
                                                                         7 REINS Act will result in more carefully drafted and de-
                                                                         8 tailed legislation, an improved regulatory process, and a
                                                                         9 legislative branch that is truly accountable to the Amer-
                                                                       10 ican people for the laws imposed upon them.
                                                                       11               (c) CONGRESSIONAL REVIEW OF AGENCY RULE-
                                                                       12      MAKING.—Chapter 8 of title 5, United States Code, is

                                                                       13 amended to read as follows:
                                                                       14          ‘‘CHAPTER 8—CONGRESSIONAL REVIEW
                                                                       15                           OF AGENCY RULEMAKING
                                                                               ‘‘Sec.
                                                                               ‘‘801. Congressional review.
                                                                               ‘‘802. Congressional approval procedure for major rules.
                                                                               ‘‘803. Congressional disapproval procedure for nonmajor rules.
                                                                               ‘‘804. Definitions.
                                                                               ‘‘805. Judicial review.
                                                                               ‘‘806. Exemption for monetary policy.
                                                                               ‘‘807. Effective date of certain rules.

                                                                       16 ‘‘§ 801. Congressional review
                                                                       17               ‘‘(a)(1)(A) Before a rule may take effect, the Federal
                                                                       18 agency promulgating such rule shall publish in the Federal
                                                                       19 Register a list of information on which the rule is based,




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                                                                       20 including data, scientific and economic studies, and cost-
                                                                       21 benefit analyses, and identify how the public can access

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                                                                         1 such information online, and shall submit to each House
                                                                         2 of the Congress and to the Comptroller General a report
                                                                         3 containing—
                                                                         4                       ‘‘(i) a copy of the rule;
                                                                         5                       ‘‘(ii) a concise general statement relating to the
                                                                         6              rule;
                                                                         7                       ‘‘(iii) a classification of the rule as a major or
                                                                         8              nonmajor rule, including an explanation of the clas-
                                                                         9              sification specifically addressing each criteria for a
                                                                       10               major rule contained within subparagraphs (A)
                                                                       11               through (C) of section 804(2);
                                                                       12                        ‘‘(iv) a list of any other related regulatory ac-
                                                                       13               tions intended to implement the same statutory pro-
                                                                       14               vision or regulatory objective as well as the indi-
                                                                       15               vidual and aggregate economic effects of those ac-
                                                                       16               tions; and
                                                                       17                        ‘‘(v) the proposed effective date of the rule.
                                                                       18               ‘‘(B) On the date of the submission of the report
                                                                       19 under subparagraph (A), the Federal agency promulgating
                                                                       20 the rule shall submit to the Comptroller General and make
                                                                       21 available to each House of Congress—
                                                                       22                        ‘‘(i) a complete copy of the cost-benefit analysis
                                                                       23               of the rule, if any, including an analysis of any jobs




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                                                                       24               added or lost, differentiating between public and pri-
                                                                       25               vate sector jobs;


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                                                                         1                       ‘‘(ii) the agency’s actions pursuant to sections
                                                                         2              603, 604, 605, 607, and 609 of this title;
                                                                         3                       ‘‘(iii) the agency’s actions pursuant to sections
                                                                         4              202, 203, 204, and 205 of the Unfunded Mandates
                                                                         5              Reform Act of 1995; and
                                                                         6                       ‘‘(iv) any other relevant information or require-
                                                                         7              ments under any other Act and any relevant Execu-
                                                                         8              tive orders.
                                                                         9              ‘‘(C) Upon receipt of a report submitted under sub-
                                                                       10 paragraph (A), each House shall provide copies of the re-
                                                                       11 port to the chairman and ranking member of each stand-
                                                                       12 ing committee with jurisdiction under the rules of the
                                                                       13 House of Representatives or the Senate to report a bill
                                                                       14 to amend the provision of law under which the rule is
                                                                       15 issued.
                                                                       16               ‘‘(2)(A) The Comptroller General shall provide a re-
                                                                       17 port on each major rule to the committees of jurisdiction
                                                                       18 by the end of 15 calendar days after the submission or
                                                                       19 publication date. The report of the Comptroller General
                                                                       20 shall include an assessment of the agency’s compliance
                                                                       21 with procedural steps required by paragraph (1)(B) and
                                                                       22 an assessment of whether the major rule imposes any new
                                                                       23 limits or mandates on private-sector activity.




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                                                                         1              ‘‘(B) Federal agencies shall cooperate with the Comp-
                                                                         2 troller General by providing information relevant to the
                                                                         3 Comptroller General’s report under subparagraph (A).
                                                                         4              ‘‘(3) A major rule relating to a report submitted
                                                                         5 under paragraph (1) shall take effect upon enactment of
                                                                         6 a joint resolution of approval described in section 802 or
                                                                         7 as provided for in the rule following enactment of a joint
                                                                         8 resolution of approval described in section 802, whichever
                                                                         9 is later.
                                                                       10               ‘‘(4) A nonmajor rule shall take effect as provided
                                                                       11 by section 803 after submission to Congress under para-
                                                                       12 graph (1).
                                                                       13               ‘‘(5) If a joint resolution of approval relating to a
                                                                       14 major rule is not enacted within the period provided in
                                                                       15 subsection (b)(2), then a joint resolution of approval relat-
                                                                       16 ing to the same rule may not be considered under this
                                                                       17 chapter in the same Congress by either the House of Rep-
                                                                       18 resentatives or the Senate.
                                                                       19               ‘‘(b)(1) A major rule shall not take effect unless the
                                                                       20 Congress enacts a joint resolution of approval described
                                                                       21 under section 802.
                                                                       22               ‘‘(2) If a joint resolution described in subsection (a)
                                                                       23 is not enacted into law by the end of 70 session days or




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                                                                       24 legislative days, as applicable, beginning on the date on
                                                                       25 which the report referred to in subsection (a)(1)(A) is re-


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                                                                         1 ceived by Congress (excluding days either House of Con-
                                                                         2 gress is adjourned for more than 3 days during a session
                                                                         3 of Congress), then the rule described in that resolution
                                                                         4 shall be deemed not to be approved and such rule shall
                                                                         5 not take effect.
                                                                         6              ‘‘(c)(1) Notwithstanding any other provision of this
                                                                         7 section (except subject to paragraph (3)), a major rule
                                                                         8 may take effect for one 90-calendar-day period if the
                                                                         9 President makes a determination under paragraph (2) and
                                                                       10 submits written notice of such determination to the Con-
                                                                       11 gress.
                                                                       12               ‘‘(2) Paragraph (1) applies to a determination made
                                                                       13 by the President by Executive order that the major rule
                                                                       14 should take effect because such rule is—
                                                                       15                        ‘‘(A) necessary because of an imminent threat
                                                                       16               to health or safety or other emergency;
                                                                       17                        ‘‘(B) necessary for the enforcement of criminal
                                                                       18               laws;
                                                                       19                        ‘‘(C) necessary for national security; or
                                                                       20                        ‘‘(D) issued pursuant to any statute imple-
                                                                       21               menting an international trade agreement.
                                                                       22               ‘‘(3) An exercise by the President of the authority
                                                                       23 under this subsection shall have no effect on the proce-




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                                                                       24 dures under section 802.




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                                                                         1              ‘‘(d)(1) In addition to the opportunity for review oth-
                                                                         2 erwise provided under this chapter, in the case of any rule
                                                                         3 for which a report was submitted in accordance with sub-
                                                                         4 section (a)(1)(A) during the period beginning on the date
                                                                         5 occurring—
                                                                         6                       ‘‘(A) in the case of the Senate, 60 session days;
                                                                         7              or
                                                                         8                       ‘‘(B) in the case of the House of Representa-
                                                                         9              tives, 60 legislative days,
                                                                       10 before the date the Congress is scheduled to adjourn a
                                                                       11 session of Congress through the date on which the same
                                                                       12 or succeeding Congress first convenes its next session, sec-
                                                                       13 tions 802 and 803 shall apply to such rule in the suc-
                                                                       14 ceeding session of Congress.
                                                                       15               ‘‘(2)(A) In applying sections 802 and 803 for pur-
                                                                       16 poses of such additional review, a rule described under
                                                                       17 paragraph (1) shall be treated as though—
                                                                       18                        ‘‘(i) such rule were published in the Federal
                                                                       19               Register on—
                                                                       20                                  ‘‘(I) in the case of the Senate, the 15th
                                                                       21                        session day; or
                                                                       22                                  ‘‘(II) in the case of the House of Rep-
                                                                       23                        resentatives, the 15th legislative day,




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                                                                       24               after the succeeding session of Congress first con-
                                                                       25               venes; and


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                                                                         1                       ‘‘(ii) a report on such rule were submitted to
                                                                         2              Congress under subsection (a)(1) on such date.
                                                                         3              ‘‘(B) Nothing in this paragraph shall be construed
                                                                         4 to affect the requirement under subsection (a)(1) that a
                                                                         5 report shall be submitted to Congress before a rule can
                                                                         6 take effect.
                                                                         7              ‘‘(3) A rule described under paragraph (1) shall take
                                                                         8 effect as otherwise provided by law (including other sub-
                                                                         9 sections of this section).
                                                                       10 ‘‘§ 802. Congressional approval procedure for major
                                                                       11                             rules

                                                                       12               ‘‘(a)(1) For purposes of this section, the term ‘joint
                                                                       13 resolution’ means only a joint resolution addressing a re-
                                                                       14 port classifying a rule as major pursuant to section
                                                                       15 801(a)(1)(A)(iii) that—
                                                                       16                        ‘‘(A) bears no preamble;
                                                                       17                        ‘‘(B) bears the following title (with blanks filled
                                                                       18               as appropriate): ‘Approving the rule submitted by
                                                                       19               lll relating to lll.’;
                                                                       20                        ‘‘(C) includes after its resolving clause only the
                                                                       21               following (with blanks filled as appropriate): ‘That
                                                                       22               Congress approves the rule submitted by lll re-
                                                                       23               lating to lll.’; and




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                                                                       24                        ‘‘(D) is introduced pursuant to paragraph (2).




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                                                                         1              ‘‘(2) After a House of Congress receives a report
                                                                         2 classifying                a      rule        as       major          pursuant             to   section
                                                                         3 801(a)(1)(A)(iii), the majority leader of that House (or
                                                                         4 his or her respective designee) shall introduce (by request,
                                                                         5 if appropriate) a joint resolution described in paragraph
                                                                         6 (1)—
                                                                         7                       ‘‘(A) in the case of the House of Representa-
                                                                         8              tives, within 3 legislative days; and
                                                                         9                       ‘‘(B) in the case of the Senate, within 3 session
                                                                       10               days.
                                                                       11               ‘‘(3) A joint resolution described in paragraph (1)
                                                                       12 shall not be subject to amendment at any stage of pro-
                                                                       13 ceeding.
                                                                       14               ‘‘(b) A joint resolution described in subsection (a)
                                                                       15 shall be referred in each House of Congress to the commit-
                                                                       16 tees having jurisdiction over the provision of law under
                                                                       17 which the rule is issued.
                                                                       18               ‘‘(c) In the Senate, if the committee or committees
                                                                       19 to which a joint resolution described in subsection (a) has
                                                                       20 been referred have not reported it at the end of 15 session
                                                                       21 days after its introduction, such committee or committees
                                                                       22 shall be automatically discharged from further consider-
                                                                       23 ation of the resolution and it shall be placed on the cal-




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                                                                       24 endar. A vote on final passage of the resolution shall be
                                                                       25 taken on or before the close of the 15th session day after


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                                                                         1 the resolution is reported by the committee or committees
                                                                         2 to which it was referred, or after such committee or com-
                                                                         3 mittees have been discharged from further consideration
                                                                         4 of the resolution.
                                                                         5              ‘‘(d)(1) In the Senate, when the committee or com-
                                                                         6 mittees to which a joint resolution is referred have re-
                                                                         7 ported, or when a committee or committees are discharged
                                                                         8 (under subsection (c)) from further consideration of a
                                                                         9 joint resolution described in subsection (a), it is at any
                                                                       10 time thereafter in order (even though a previous motion
                                                                       11 to the same effect has been disagreed to) for a motion
                                                                       12 to proceed to the consideration of the joint resolution, and
                                                                       13 all points of order against the joint resolution (and against
                                                                       14 consideration of the joint resolution) are waived. The mo-
                                                                       15 tion is not subject to amendment, or to a motion to post-
                                                                       16 pone, or to a motion to proceed to the consideration of
                                                                       17 other business. A motion to reconsider the vote by which
                                                                       18 the motion is agreed to or disagreed to shall not be in
                                                                       19 order. If a motion to proceed to the consideration of the
                                                                       20 joint resolution is agreed to, the joint resolution shall re-
                                                                       21 main the unfinished business of the Senate until disposed
                                                                       22 of.
                                                                       23               ‘‘(2) In the Senate, debate on the joint resolution,




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                                                                       24 and on all debatable motions and appeals in connection
                                                                       25 therewith, shall be limited to not more than 2 hours, which


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                                                                         1 shall be divided equally between those favoring and those
                                                                         2 opposing the joint resolution. A motion to further limit
                                                                         3 debate is in order and not debatable. An amendment to,
                                                                         4 or a motion to postpone, or a motion to proceed to the
                                                                         5 consideration of other business, or a motion to recommit
                                                                         6 the joint resolution is not in order.
                                                                         7              ‘‘(3) In the Senate, immediately following the conclu-
                                                                         8 sion of the debate on a joint resolution described in sub-
                                                                         9 section (a), and a single quorum call at the conclusion of
                                                                       10 the debate if requested in accordance with the rules of the
                                                                       11 Senate, the vote on final passage of the joint resolution
                                                                       12 shall occur.
                                                                       13               ‘‘(4) Appeals from the decisions of the Chair relating
                                                                       14 to the application of the rules of the Senate to the proce-
                                                                       15 dure relating to a joint resolution described in subsection
                                                                       16 (a) shall be decided without debate.
                                                                       17               ‘‘(e) In the House of Representatives, if any com-
                                                                       18 mittee to which a joint resolution described in subsection
                                                                       19 (a) has been referred has not reported it to the House
                                                                       20 at the end of 15 legislative days after its introduction,
                                                                       21 such committee shall be discharged from further consider-
                                                                       22 ation of the joint resolution, and it shall be placed on the
                                                                       23 appropriate calendar. On the second and fourth Thursdays




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                                                                       24 of each month it shall be in order at any time for the
                                                                       25 Speaker to recognize a Member who favors passage of a


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                                                                                                                             121
                                                                         1 joint resolution that has appeared on the calendar for at
                                                                         2 least 5 legislative days to call up that joint resolution for
                                                                         3 immediate consideration in the House without intervention
                                                                         4 of any point of order. When so called up a joint resolution
                                                                         5 shall be considered as read and shall be debatable for 1
                                                                         6 hour equally divided and controlled by the proponent and
                                                                         7 an opponent, and the previous question shall be considered
                                                                         8 as ordered to its passage without intervening motion. It
                                                                         9 shall not be in order to reconsider the vote on passage.
                                                                       10 If a vote on final passage of the joint resolution has not
                                                                       11 been taken by the third Thursday on which the Speaker
                                                                       12 may recognize a Member under this subsection, such vote
                                                                       13 shall be taken on that day.
                                                                       14               ‘‘(f)(1) If, before passing a joint resolution described
                                                                       15 in subsection (a), one House receives from the other a
                                                                       16 joint resolution having the same text, then—
                                                                       17                        ‘‘(A) the joint resolution of the other House
                                                                       18               shall not be referred to a committee; and
                                                                       19                        ‘‘(B) the procedure in the receiving House shall
                                                                       20               be the same as if no joint resolution had been re-
                                                                       21               ceived from the other House until the vote on pas-
                                                                       22               sage, when the joint resolution received from the
                                                                       23               other House shall supplant the joint resolution of




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                                                                       24               the receiving House.




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                                                                         1              ‘‘(2) This subsection shall not apply to the House of
                                                                         2 Representatives if the joint resolution received from the
                                                                         3 Senate is a revenue measure.
                                                                         4              ‘‘(g) If either House has not taken a vote on final
                                                                         5 passage of the joint resolution by the last day of the period
                                                                         6 described in section 801(b)(2), then such vote shall be
                                                                         7 taken on that day.
                                                                         8              ‘‘(h) This section and section 803 are enacted by
                                                                         9 Congress—
                                                                       10                        ‘‘(1) as an exercise of the rulemaking power of
                                                                       11               the Senate and House of Representatives, respec-
                                                                       12               tively, and as such are deemed to be part of the
                                                                       13               rules of each House, respectively, but applicable only
                                                                       14               with respect to the procedure to be followed in that
                                                                       15               House in the case of a joint resolution described in
                                                                       16               subsection (a) and superseding other rules only
                                                                       17               where explicitly so; and
                                                                       18                        ‘‘(2) with full recognition of the constitutional
                                                                       19               right of either House to change the rules (so far as
                                                                       20               they relate to the procedure of that House) at any
                                                                       21               time, in the same manner and to the same extent as
                                                                       22               in the case of any other rule of that House.




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                                                                                                                             123
                                                                         1 ‘‘§ 803. Congressional disapproval procedure for
                                                                         2                            nonmajor rules

                                                                         3              ‘‘(a) For purposes of this section, the term ‘joint res-
                                                                         4 olution’ means only a joint resolution introduced in the
                                                                         5 period beginning on the date on which the report referred
                                                                         6 to in section 801(a)(1)(A) is received by Congress and
                                                                         7 ending 60 days thereafter (excluding days either House
                                                                         8 of Congress is adjourned for more than 3 days during a
                                                                         9 session of Congress), the matter after the resolving clause
                                                                       10 of which is as follows: ‘That Congress disapproves the
                                                                       11 nonmajor rule submitted by the lll relating to
                                                                       12 lll, and such rule shall have no force or effect.’ (The
                                                                       13 blank spaces being appropriately filled in).
                                                                       14               ‘‘(b) A joint resolution described in subsection (a)
                                                                       15 shall be referred to the committees in each House of Con-
                                                                       16 gress with jurisdiction.
                                                                       17               ‘‘(c) In the Senate, if the committee to which is re-
                                                                       18 ferred a joint resolution described in subsection (a) has
                                                                       19 not reported such joint resolution (or an identical joint
                                                                       20 resolution) at the end of 15 session days after the date
                                                                       21 of introduction of the joint resolution, such committee may
                                                                       22 be discharged from further consideration of such joint res-
                                                                       23 olution upon a petition supported in writing by 30 Mem-




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                                                                       24 bers of the Senate, and such joint resolution shall be
                                                                       25 placed on the calendar.


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                                                                         1              ‘‘(d)(1) In the Senate, when the committee to which
                                                                         2 a joint resolution is referred has reported, or when a com-
                                                                         3 mittee is discharged (under subsection (c)) from further
                                                                         4 consideration of a joint resolution described in subsection
                                                                         5 (a), it is at any time thereafter in order (even though a
                                                                         6 previous motion to the same effect has been disagreed to)
                                                                         7 for a motion to proceed to the consideration of the joint
                                                                         8 resolution, and all points of order against the joint resolu-
                                                                         9 tion (and against consideration of the joint resolution) are
                                                                       10 waived. The motion is not subject to amendment, or to
                                                                       11 a motion to postpone, or to a motion to proceed to the
                                                                       12 consideration of other business. A motion to reconsider the
                                                                       13 vote by which the motion is agreed to or disagreed to shall
                                                                       14 not be in order. If a motion to proceed to the consideration
                                                                       15 of the joint resolution is agreed to, the joint resolution
                                                                       16 shall remain the unfinished business of the Senate until
                                                                       17 disposed of.
                                                                       18               ‘‘(2) In the Senate, debate on the joint resolution,
                                                                       19 and on all debatable motions and appeals in connection
                                                                       20 therewith, shall be limited to not more than 10 hours,
                                                                       21 which shall be divided equally between those favoring and
                                                                       22 those opposing the joint resolution. A motion to further
                                                                       23 limit debate is in order and not debatable. An amendment




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                                                                       24 to, or a motion to postpone, or a motion to proceed to




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                                                                         1 the consideration of other business, or a motion to recom-
                                                                         2 mit the joint resolution is not in order.
                                                                         3              ‘‘(3) In the Senate, immediately following the conclu-
                                                                         4 sion of the debate on a joint resolution described in sub-
                                                                         5 section (a), and a single quorum call at the conclusion of
                                                                         6 the debate if requested in accordance with the rules of the
                                                                         7 Senate, the vote on final passage of the joint resolution
                                                                         8 shall occur.
                                                                         9              ‘‘(4) Appeals from the decisions of the Chair relating
                                                                       10 to the application of the rules of the Senate to the proce-
                                                                       11 dure relating to a joint resolution described in subsection
                                                                       12 (a) shall be decided without debate.
                                                                       13               ‘‘(e) In the Senate, the procedure specified in sub-
                                                                       14 section (c) or (d) shall not apply to the consideration of
                                                                       15 a joint resolution respecting a nonmajor rule—
                                                                       16                        ‘‘(1) after the expiration of the 60 session days
                                                                       17               beginning with the applicable submission or publica-
                                                                       18               tion date; or
                                                                       19                        ‘‘(2) if the report under section 801(a)(1)(A)
                                                                       20               was submitted during the period referred to in sec-
                                                                       21               tion 801(d)(1), after the expiration of the 60 session
                                                                       22               days beginning on the 15th session day after the
                                                                       23               succeeding session of Congress first convenes.




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                                                                       24               ‘‘(f) If, before the passage by one House of a joint
                                                                       25 resolution of that House described in subsection (a), that


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                                                                         1 House receives from the other House a joint resolution
                                                                         2 described in subsection (a), then the following procedures
                                                                         3 shall apply:
                                                                         4                       ‘‘(1) The joint resolution of the other House
                                                                         5              shall not be referred to a committee.
                                                                         6                       ‘‘(2) With respect to a joint resolution described
                                                                         7              in subsection (a) of the House receiving the joint
                                                                         8              resolution—
                                                                         9                                 ‘‘(A) the procedure in that House shall be
                                                                       10                        the same as if no joint resolution had been re-
                                                                       11                        ceived from the other House; but
                                                                       12                                  ‘‘(B) the vote on final passage shall be on
                                                                       13                        the joint resolution of the other House.
                                                                       14 ‘‘§ 804. Definitions
                                                                       15               ‘‘For purposes of this chapter:
                                                                       16                        ‘‘(1) The term ‘Federal agency’ means any
                                                                       17               agency as that term is defined in section 551(1).
                                                                       18                        ‘‘(2) The term ‘major rule’ means any rule, in-
                                                                       19               cluding an interim final rule, that the Administrator
                                                                       20               of the Office of Information and Regulatory Affairs
                                                                       21               of the Office of Management and Budget finds has
                                                                       22               resulted in or is likely to result in—
                                                                       23                                  ‘‘(A) an annual effect on the economy of




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                                                                       24                        $100 million or more;




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                                                                         1                                 ‘‘(B) a major increase in costs or prices for
                                                                         2                       consumers,               individual               industries,            Federal,
                                                                         3                       State, or local government agencies, or geo-
                                                                         4                       graphic regions; or
                                                                         5                                 ‘‘(C) significant adverse effects on competi-
                                                                         6                       tion, employment, investment, productivity, in-
                                                                         7                       novation, or the ability of United States-based
                                                                         8                       enterprises to compete with foreign-based enter-
                                                                         9                       prises in domestic and export markets.
                                                                       10                        ‘‘(3) The term ‘nonmajor rule’ means any rule
                                                                       11               that is not a major rule.
                                                                       12                        ‘‘(4) The term ‘rule’ has the meaning given
                                                                       13               such term in section 551, except that such term does
                                                                       14               not include—
                                                                       15                                  ‘‘(A) any rule of particular applicability,
                                                                       16                        including a rule that approves or prescribes for
                                                                       17                        the future rates, wages, prices, services, or al-
                                                                       18                        lowances therefore, corporate or financial struc-
                                                                       19                        tures, reorganizations, mergers, or acquisitions
                                                                       20                        thereof, or accounting practices or disclosures
                                                                       21                        bearing on any of the foregoing;
                                                                       22                                  ‘‘(B) any rule relating to agency manage-
                                                                       23                        ment or personnel; or




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                                                                       24                                  ‘‘(C) any rule of agency organization, pro-
                                                                       25                        cedure, or practice that does not substantially


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                                                                                                                             128
                                                                         1                       affect the rights or obligations of non-agency
                                                                         2                       parties.
                                                                         3                       ‘‘(5) The term ‘submission or publication date’,
                                                                         4              except as otherwise provided in this chapter,
                                                                         5              means—
                                                                         6                                 ‘‘(A) in the case of a major rule, the date
                                                                         7                       on which the Congress receives the report sub-
                                                                         8                       mitted under section 801(a)(1); and
                                                                         9                                 ‘‘(B) in the case of a nonmajor rule, the
                                                                       10                        later of—
                                                                       11                                         ‘‘(i) the date on which the Congress
                                                                       12                                  receives the report submitted under section
                                                                       13                                  801(a)(1); and
                                                                       14                                         ‘‘(ii) the date on which the nonmajor
                                                                       15                                  rule is published in the Federal Register, if
                                                                       16                                  so published.
                                                                       17 ‘‘§ 805. Judicial review
                                                                       18               ‘‘(a) No determination, finding, action, or omission
                                                                       19 under this chapter shall be subject to judicial review.
                                                                       20               ‘‘(b) Notwithstanding subsection (a), a court may de-
                                                                       21 termine whether a Federal agency has completed the nec-
                                                                       22 essary requirements under this chapter for a rule to take
                                                                       23 effect.




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                                                                       24               ‘‘(c) The enactment of a joint resolution of approval
                                                                       25 under section 802 shall not be interpreted to serve as a


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                                                                         1 grant or modification of statutory authority by Congress
                                                                         2 for the promulgation of a rule, shall not extinguish or af-
                                                                         3 fect any claim, whether substantive or procedural, against
                                                                         4 any alleged defect in a rule, and shall not form part of
                                                                         5 the record before the court in any judicial proceeding con-
                                                                         6 cerning a rule except for purposes of determining whether
                                                                         7 or not the rule is in effect.
                                                                         8 ‘‘§ 806. Exemption for monetary policy
                                                                         9              ‘‘Nothing in this chapter shall apply to rules that con-
                                                                       10 cern monetary policy proposed or implemented by the
                                                                       11 Board of Governors of the Federal Reserve System or the
                                                                       12 Federal Open Market Committee.
                                                                       13 ‘‘§ 807. Effective date of certain rules
                                                                       14               ‘‘Notwithstanding section 801—
                                                                       15                        ‘‘(1) any rule that establishes, modifies, opens,
                                                                       16               closes, or conducts a regulatory program for a com-
                                                                       17               mercial, recreational, or subsistence activity related
                                                                       18               to hunting, fishing, or camping; or
                                                                       19                        ‘‘(2) any rule other than a major rule which an
                                                                       20               agency for good cause finds (and incorporates the
                                                                       21               finding and a brief statement of reasons therefore in
                                                                       22               the rule issued) that notice and public procedure
                                                                       23               thereon are impracticable, unnecessary, or contrary




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                                                                       24               to the public interest,




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                                                                         1 shall take effect at such time as the Federal agency pro-
                                                                         2 mulgating the rule determines.’’.
                                                                         3              (d) BUDGETARY EFFECTS OF RULES SUBJECT TO
                                                                         4 SECTION 802 OF TITLE 5, UNITED STATES CODE.—Sec-
                                                                         5 tion 257(b)(2) of the Balanced Budget and Emergency
                                                                         6 Deficit Control Act of 1985 (2 U.S.C. 907(b)(2)) is
                                                                         7 amended by adding at the end the following:
                                                                         8                                 ‘‘(E) BUDGETARY                       EFFECTS              OF   RULES

                                                                         9                       SUBJECT TO SECTION 802 OF TITLE 5, UNITED

                                                                       10                        STATES CODE.—Any                         rule subject to the con-
                                                                       11                        gressional approval procedure set forth in sec-
                                                                       12                        tion 802 of chapter 8 of title 5, United States
                                                                       13                        Code, affecting budget authority, outlays, or re-
                                                                       14                        ceipts shall be assumed to be effective unless it
                                                                       15                        is not approved in accordance with such sec-
                                                                       16                        tion.’’.
                                                                       17               (e) GOVERNMENT ACCOUNTABILITY OFFICE STUDY
                                                                       18      OF RULES.—

                                                                       19                        (1) IN GENERAL.—The Comptroller General of
                                                                       20               the United States shall conduct a study to deter-
                                                                       21               mine, as of the date of enactment of this Act—
                                                                       22                                  (A) how many rules (as such term is de-
                                                                       23                        fined in section 804 of title 5, United States




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                                                                       24                        Code) were in effect;




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                                                                         1                                 (B) how many major rules (as such term
                                                                         2                       is defined in section 804 of title 5, United
                                                                         3                       States Code) were in effect; and
                                                                         4                                 (C) the total estimated economic cost im-
                                                                         5                       posed by all such rules.
                                                                         6                       (2) REPORT.—Not later than 1 year after the
                                                                         7              date of enactment of this Act, the Comptroller Gen-
                                                                         8              eral of the United States shall submit a report to
                                                                         9              Congress that contains the findings of the study
                                                                       10               conducted under paragraph (1).
                                                                       11      SEC. 207. BANK REGULATORY RELIEF.

                                                                       12               (a) TEMPORARY RELIEF FOR COMMUNITY BANKS.—
                                                                       13 Section 4012(b)(2) of the CARES Act (15 U.S.C.
                                                                       14 9050(b)(2)) is amended by striking ‘‘December 31, 2020’’
                                                                       15 and inserting ‘‘December 31, 2021’’.
                                                                       16               (b) TEMPORARY RELIEF FROM TROUBLED DEBT
                                                                       17 RESTRUCTURINGS.—Section 4013(a)(1) of the CARES
                                                                       18 Act (15 U.S.C. 9051(a)(1)) is amended by striking ‘‘De-
                                                                       19 cember 31, 2020’’ and inserting ‘‘January 1, 2022’’.
                                                                       20               (c) OPTIONAL TEMPORARY RELIEF FROM CURRENT
                                                                       21 EXPECTED CREDIT LOSSES.—Section 4014(b)(2) of the
                                                                       22 CARES Act (15 U.S.C. 9052(b)(2)) is amended by strik-
                                                                       23 ing ‘‘December 31, 2020’’ and inserting ‘‘January 1,




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                                                                       24 2023’’.




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                                                                         1     SEC. 208. CONGRESSIONAL REVIEW FOR CORONAVIRUS

                                                                         2                             REGULATIONS.

                                                                         3              (a) DEFINITIONS.—In this section:
                                                                         4                       (1) AGENCY.—The term ‘‘agency’’ has the
                                                                         5              meaning given the term in section 551 of title 5,
                                                                         6              United States Code.
                                                                         7                       (2) EMERGENCY                      PERIOD.—The                   term ‘‘emer-
                                                                         8              gency period’’ means the duration of a public health
                                                                         9              emergency declared pursuant to section 319 of the
                                                                       10               Public Health Service Act (42 U.S.C. 247d) as a re-
                                                                       11               sult of confirmed cases of 2019 novel Coronavirus
                                                                       12               (COVID–19), including any renewal thereof.
                                                                       13                        (3) REGULATION.—The term ‘‘regulation’’ has
                                                                       14               the meaning given the term ‘‘rule’’ under section
                                                                       15               551 of title 5, United States Code.
                                                                       16               (b) REPEAL OR MODIFICATION OF REGULATIONS
                                                                       17 DURING THE EMERGENCY PERIOD.—Any waiver or modi-
                                                                       18 fication of any regulation which was made during the
                                                                       19 emergency period and is in effect as of the date of the
                                                                       20 enactment of this Act shall be treated as permanent, and
                                                                       21 such regulation shall be treated as repealed or modified,
                                                                       22 as applicable, as of the date of the enactment of this Act
                                                                       23 and thereafter, unless a Federal Regulatory Review Com-
                                                                       24 mission recommends the regulation should not be repealed




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                                                                       25 or modified, as applicable, and a law is enacted confirming
                                                                       26 the recommendation.
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                                                                         1              (c)       FEDERAL               REGULATORY                     REVIEW             COMMIS-
                                                                         2     SIONS.—

                                                                         3                       (1) ESTABLISHMENT.—There are established
                                                                         4              Commissions to be known as the ‘‘Federal Regu-
                                                                         5              latory Review Commissions’’.
                                                                         6                       (2) MEMBERS.—Each Commission shall be
                                                                         7              composed of members of the congressional com-
                                                                         8              mittee of each jurisdiction and the head of each
                                                                         9              agency under the jurisdiction of that committee (in
                                                                       10               this subsection referred to as the ‘‘members’’).
                                                                       11                        (3) INFORMATION.—Members may obtain infor-
                                                                       12               mation from individuals with expertise in the oper-
                                                                       13               ations and regulations of government programs.
                                                                       14                        (4) DUTIES OF THE COMMISSIONS.—
                                                                       15                                  (A)         REVIEW            OF         FEDERAL               REGULA-

                                                                       16                        TIONS.—Not later than 2 months after the date

                                                                       17                        of enactment of this Act, each Commission shall
                                                                       18                        submit to the Speaker of the House of Rep-
                                                                       19                        resentatives and the majority leader of the Sen-
                                                                       20                        ate an official recommendation on the repeal or
                                                                       21                        modification of each regulation waived or modi-
                                                                       22                        fied during the emergency period.
                                                                       23                                  (B) EXTENSION.—The deadline in sub-




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                                                                       24                        paragraph (A) may be extended for an addi-
                                                                       25                        tional month if the Congress enacts legislation


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                                                                         1                       extending such deadline by a vote of a majority
                                                                         2                       of the House of Representatives and the Sen-
                                                                         3                       ate.
                                                                         4                       (5) REPORT TO CONGRESS.—
                                                                         5                                 (A) AGENCY REPORT ON REGULATIONS.—
                                                                         6                       Not later than 1 month after the date of enact-
                                                                         7                       ment of this Act, the head of each agency shall
                                                                         8                       submit to each congressional committee of ju-
                                                                         9                       risdiction a report that includes—
                                                                       10                                         (i) an analysis of whether or not the
                                                                       11                                  agency can function without the regulation
                                                                       12                                  or with the modified regulation, as applica-
                                                                       13                                  ble; and
                                                                       14                                         (ii) an analysis of whether the regula-
                                                                       15                                  tion should be restored to its original state
                                                                       16                                  before the emergency period or should re-
                                                                       17                                  main repealed or modified, as applicable.
                                                                       18                                  (B)         PUBLIC            COMMENT                  PERIOD   RE-

                                                                       19                        QUIRED.—The head of an agency shall provide

                                                                       20                        a public comment period before submitting a re-
                                                                       21                        port pursuant to subparagraph (A).
                                                                       22                        (6) CONGRESSIONAL RECOMMENDATION.—Not
                                                                       23               later than 1 month after receiving a report from the




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                                                                       24               head of each agency pursuant to paragraph (5), each
                                                                       25               committee shall submit to the Speaker of the House


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                                                                         1              of Representatives and the majority leader of the
                                                                         2              Senate an official recommendation on whether or not
                                                                         3              the repealed or modified regulation should be re-es-
                                                                         4              tablished.
                                                                         5                       (7) SUNSET OF COMMISSIONS.—The Commis-
                                                                         6              sions established in this subsection shall terminate
                                                                         7              on the final day of the final recommendation by each
                                                                         8              committee.
                                                                         9     SEC. 209. BEAT CHINA ACT.

                                                                       10               (a) SHORT TITLE.—This section may be cited as the
                                                                       11 ‘‘Bring Entrepreneurial Advancements To Consumers
                                                                       12 Here In North America Act’’ or the ‘‘BEAT CHINA Act’’.
                                                                       13               (b) IN GENERAL.—Part III of subchapter B of chap-
                                                                       14 ter 1 of the Internal Revenue Code of 1986 is amended
                                                                       15 by inserting after section 139H the following new section:
                                                                       16      ‘‘SEC. 139I. EXCLUSION OF GAIN ON DISPOSITION OF PROP-

                                                                       17                              ERTY IN CONNECTION WITH QUALIFIED RE-

                                                                       18                              LOCATION OF MANUFACTURING.

                                                                       19               ‘‘(a) IN GENERAL.—In the case of a qualified manu-
                                                                       20 facturer, gross income shall not include gain from the sale
                                                                       21 or exchange of qualified relocation disposition property.
                                                                       22               ‘‘(b) QUALIFIED RELOCATION DISPOSITION PROP-
                                                                       23      ERTY.—For purposes of this section—




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                                                                         1                       ‘‘(1) IN GENERAL.—The term ‘qualified reloca-
                                                                         2              tion disposition property’ means any property
                                                                         3              which—
                                                                         4                                 ‘‘(A) is sold or exchanged by a qualified
                                                                         5                       manufacturer in connection with a qualified re-
                                                                         6                       location of manufacturing, and
                                                                         7                                 ‘‘(B) was used by such qualified manufac-
                                                                         8                       turer in the trade or business of manufacturing
                                                                         9                       a qualified medical product in the foreign coun-
                                                                       10                        try from which such manufacturing is being re-
                                                                       11                        located.
                                                                       12                        ‘‘(2) QUALIFIED                    RELOCATION OF MANUFAC-

                                                                       13               TURING.—

                                                                       14                                  ‘‘(A) IN GENERAL.—The term ‘qualified
                                                                       15                        relocation of manufacturing’ means, with re-
                                                                       16                        spect to any qualified manufacturer, the reloca-
                                                                       17                        tion of the manufacturing of a qualified medical
                                                                       18                        product from a foreign country to the United
                                                                       19                        States.
                                                                       20                                  ‘‘(B) RELOCATION OF PROPERTY NOT RE-
                                                                       21                        QUIRED.—For                  purposes of subparagraph (A),
                                                                       22                        manufacturing shall not fail to be treated as re-
                                                                       23                        located merely because property used in such




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                                                                       24                        manufacturing was not relocated.




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                                                                         1                                 ‘‘(C) RELOCATION                      OF NOT LESS THAN

                                                                         2                       EQUIVALENT                   PRODUCTIVE                    CAPACITY      RE-

                                                                         3                       QUIRED.—For                  purposes of subparagraph (A),
                                                                         4                       manufacturing shall not be treated as relocated
                                                                         5                       unless the property manufactured in the United
                                                                         6                       States is substantially identical to the property
                                                                         7                       previously manufactured in a foreign country
                                                                         8                       and the increase in the units of production of
                                                                         9                       such property in the United States by the quali-
                                                                       10                        fied manufacturer is not less than the reduction
                                                                       11                        in the units of production of such property in
                                                                       12                        such foreign country by such qualified manufac-
                                                                       13                        turer.
                                                                       14               ‘‘(c) QUALIFIED MANUFACTURER.—For purposes of
                                                                       15 this section, the term ‘qualified manufacturer’ means any
                                                                       16 person engaged in the trade or business of manufacturing
                                                                       17 a qualified medical product.
                                                                       18               ‘‘(d) QUALIFIED MEDICAL PRODUCT.—For purposes
                                                                       19 of this section, the term ‘qualified medical product’ means
                                                                       20 any pharmaceutical, medical device, or medical supply.’’.
                                                                       21               (c) CLERICAL AMENDMENT.—The table of sections
                                                                       22 for part III of subchapter B of chapter 1 of the Internal
                                                                       23 Revenue Code of 1986 is amended by inserting after the




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                                                                       24 item relating to section 139H the following new item:
                                                                               ‘‘Sec. 139I. Exclusion of gain on disposition of property in connection with
                                                                                                qualified relocation of manufacturing.’’.


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                                                                         1              (d) EFFECTIVE DATE.—The amendments made by
                                                                         2 this section shall apply to sales and exchanges after the
                                                                         3 date of the enactment of this Act.
                                                                         4     SEC. 210. FUNDING FOR SPR PETROLEUM ACCOUNT.

                                                                         5              (a) IN GENERAL.—There is appropriated, out of
                                                                         6 amounts in the Treasury not otherwise appropriated, for
                                                                         7 the             fiscal          year         ending            September                 30,   2020,
                                                                         8 $3,000,000,000 for additional amounts for the ‘‘SPR Pe-
                                                                         9 troleum Account’’ for necessary expenses related to the ac-
                                                                       10 quisition, transportation, and injection of domestic petro-
                                                                       11 leum products pursuant to the Energy Policy and Con-
                                                                       12 servation Act (42 U.S.C. 6201 et seq.), to remain available
                                                                       13 until September 30, 2021.
                                                                       14               (b) EMERGENCY DESIGNATION.—The amount pro-
                                                                       15 vided by this section is designated by the Congress as
                                                                       16 being for an emergency requirement pursuant to section
                                                                       17 251(b)(2)(A)(i) of the Balanced Budget and Emergency
                                                                       18 Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).
                                                                       19      SEC. 211. EXPANSION OF RESEARCH CREDIT FOR QUALI-

                                                                       20                              FIED SMALL BUSINESSES.

                                                                       21               (a) IN GENERAL.—Section 41(h) of the Internal Rev-
                                                                       22 enue Code of 1986 is amended—
                                                                       23                        (1) in paragraph (3)(A)(i)(I), by striking




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                                                                       24               ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’,




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                                                                         1                       (2)        in     paragraph                  (4)(B)(i),           by     striking
                                                                         2              ‘‘$250,000’’ and inserting ‘‘$500,000’’, and
                                                                         3                       (3)       in      paragraph                  (5)(B)(ii),          by     striking
                                                                         4              ‘‘$250,000’’ and inserting ‘‘$500,000’’.
                                                                         5              (b) EFFECTIVE DATE.—The amendments made by
                                                                         6 this section shall apply to taxable years beginning after
                                                                         7 December 31, 2020.
                                                                         8     SEC. 212. EXTENSION OF AVIATION EXCISE TAX HOLIDAY.

                                                                         9              Section 4007 of division A of the CARES Act is
                                                                       10 amended by striking ‘‘ending before January 1, 2021’’ and
                                                                       11 inserting ‘‘ending on the date that is 1 year after the last
                                                                       12 day that the public health emergency declared by the Sec-
                                                                       13 retary of Health and Human Services under section 319
                                                                       14 of the Public Health Service Act (42 U.S.C. 247d) on Jan-
                                                                       15 uary 31, 2020, with respect to COVID–19, is in effect’’.
                                                                       16 TITLE III—ESTABLISHING LONG-
                                                                       17  TERM RETIREMENT SECURITY
                                                                       18      SEC. 301. ALLOWANCE OF DELAY IN MAKING 2020 RETIRE-

                                                                       19                              MENT CONTRIBUTIONS.

                                                                       20               (a) IN GENERAL.—An eligible participant in 1 or
                                                                       21 more applicable retirement plans may make additional
                                                                       22 contributions to such plans for any taxable year beginning
                                                                       23 in 2021 or 2022 in an aggregate amount not exceeding




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                                                                       24 the participant’s unused 2020 contribution amount.




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                                                                         1              (b) TREATMENT OF CONTRIBUTIONS AND PLANS.—
                                                                         2 For purposes of the Internal Revenue Code of 1986—
                                                                         3                       (1) TREATMENT OF CONTRIBUTIONS.—In the
                                                                         4              case of any additional contribution to which sub-
                                                                         5              section (a) applies—
                                                                         6                                 (A) such contribution shall not, with re-
                                                                         7                       spect to such taxable year—
                                                                         8                                        (i) be subject to any otherwise appli-
                                                                         9                                 cable       limitation             contained             in    sections
                                                                       10                                  401(a)(30), 402(h), 408, and 415(c), or
                                                                       11                                         (ii) be taken into account in applying
                                                                       12                                  such limitations to other contributions or
                                                                       13                                  benefits under such plan or any other such
                                                                       14                                  plan, and
                                                                       15                                  (B) except as provided in paragraph
                                                                       16                        (2)(B), such plan shall not be treated as failing
                                                                       17                        to meet the requirements of section 401(a)(4),
                                                                       18                        401(k)(3),             401(k)(11),                403(b)(12),            408(k),
                                                                       19                        410(b), or 416 by reason of the making (or the
                                                                       20                        right to make) such contribution.
                                                                       21                        (2) TREATMENT OF APPLICABLE PLANS.—
                                                                       22                                  (A) IN GENERAL.—An applicable employer
                                                                       23                        plan shall not be treated as failing to meet any




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                                                                       24                        requirement of such Code, or failing to be oper-




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                                                                         1                       ated in accordance with the terms of the plan,
                                                                         2                       solely because the plan—
                                                                         3                                        (i) permits an eligible participant to
                                                                         4                                 make additional contributions described in
                                                                         5                                 subsection (a) for any plan year, or
                                                                         6                                        (ii) does not make any matching con-
                                                                         7                                 tribution (as defined in section 401(m)(4)
                                                                         8                                 of such Code) with respect to additional
                                                                         9                                 contributions described in subsection (a)
                                                                       10                                  for any plan year.
                                                                       11                                  (B)           NONDISCRIMINATION                                REQUIRE-

                                                                       12                        MENT.—The rules of section 414(v)(4) of such

                                                                       13                        Code shall apply for purposes of this section.
                                                                       14               (c) DEFINITIONS.—For purposes of this section—
                                                                       15                        (1)       APPLICABLE                  RETIREMENT                   PLAN.—The

                                                                       16               term ‘‘applicable retirement plan’’ means any plan—
                                                                       17                                  (A) which is—
                                                                       18                                         (i) a plan, arrangement, or contract to
                                                                       19                                  which an elective deferral (as defined in
                                                                       20                                  section 401(g)(3) of the Internal Revenue
                                                                       21                                  Code of 1986) may be made, or
                                                                       22                                         (ii) an individual retirement plan (as
                                                                       23                                  defined in section 7701(a)(37) of such




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                                                                       24                                  Code), and




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                                                                         1                                 (B) which allows additional contributions
                                                                         2                       under this section to be made to such plan.
                                                                         3                       (2) ELIGIBLE PARTICIPANT.—The term ‘‘eligi-
                                                                         4              ble participant’’ means, with respect to any taxable
                                                                         5              year beginning in 2021 or 2022, a participant in a
                                                                         6              plan—
                                                                         7                                 (A) who has an unused 2020 contribution
                                                                         8                       amount, and
                                                                         9                                 (B) with respect to whom no other elective
                                                                       10                        deferrals (or in the case of an individual retire-
                                                                       11                        ment plan, no other contributions) may, without
                                                                       12                        regard to this section, be made to the plan for
                                                                       13                        such taxable year by reason of any applicable
                                                                       14                        limitation described in subsection (b)(1)(A)(i)
                                                                       15                        or any comparable limitation or restriction con-
                                                                       16                        tained in the terms of the plan.
                                                                       17               In determining whether a participant is an eligible
                                                                       18               participant, the administrator of an applicable re-
                                                                       19               tirement plan may rely on a participant’s certifi-
                                                                       20               cation that the participant satisfies the requirements
                                                                       21               of this paragraph.
                                                                       22                        (3) UNUSED 2020 CONTRIBUTION AMOUNT.—
                                                                       23                                  (A) IN           GENERAL.—The                      term ‘‘unused




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                                                                       24                        2020 contribution amount’’ means, with respect
                                                                       25                        to any applicable participant, the excess (if any)


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                                                                         1                       for the participant’s last taxable year beginning
                                                                         2                       in 2020 of—
                                                                         3                                        (i) in the case of—
                                                                         4                                                 (I)       the        applicable                retirement
                                                                         5                                        plans described in paragraph (1)(A)(i)
                                                                         6                                        of such participant, the applicable lim-
                                                                         7                                        itations            described               in          subsection
                                                                         8                                        (b)(1)(A)(i) on aggregate contribu-
                                                                         9                                        tions to such plans for such taxable
                                                                       10                                         year, and
                                                                       11                                                  (II) the individual retirement
                                                                       12                                         plans of such participant, the applica-
                                                                       13                                         ble limitations described in subsection
                                                                       14                                         (b)(1)(A)(i) on aggregate contribu-
                                                                       15                                         tions to such plans for such taxable
                                                                       16                                         year, over
                                                                       17                                         (ii) the aggregate contributions to
                                                                       18                                  such applicable retirement plans or indi-
                                                                       19                                  vidual retirement plans, whichever is appli-
                                                                       20                                  cable, for such taxable year (other than
                                                                       21                                  rollover contributions not taken into ac-
                                                                       22                                  count in applying such limitations under
                                                                       23                                  such Code).




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                                                                       24                                  (B) REDUCTIONS FOR PREVIOUSLY USED
                                                                       25                        AMOUNTS.—The                       unused            2020          contribution


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                                                                         1                       amount for any taxable year beginning in 2021
                                                                         2                       or 2022 shall be reduced by the portion of such
                                                                         3                       amount taken into account under this section
                                                                         4                       for all preceding taxable years.
                                                                         5                                 (C) SECRETARIAL ASSISTANCE.—The Sec-
                                                                         6                       retary of the Treasury (or the Secretary’s dele-
                                                                         7                       gate) shall include, with returns of Federal in-
                                                                         8                       dividual income tax (or accompanying forms or
                                                                         9                       instructions) for taxable years beginning in
                                                                       10                        2020 and 2021, forms or other materials which
                                                                       11                        will assist participants in simply computing
                                                                       12                        their unused 2020 contribution amount for each
                                                                       13                        taxable year beginning in 2021 or 2022.
                                                                       14               (d) EFFECTIVE DATES.—
                                                                       15                        (1) IN GENERAL.—This section shall apply for
                                                                       16               years beginning after December 31, 2020.
                                                                       17                        (2) PROVISIONS RELATING TO PLAN OR CON-
                                                                       18               TRACT AMENDMENTS.—

                                                                       19                                  (A) IN GENERAL.—If this paragraph ap-
                                                                       20                        plies to any plan or contract amendment—
                                                                       21                                         (i) such plan or contract shall not fail
                                                                       22                                  to be treated as being operated in accord-
                                                                       23                                  ance with the terms of the plan during the




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                                                                       24                                  period described in subparagraph (B)(ii)




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                                                                         1                                 solely because the plan operates in accord-
                                                                         2                                 ance with this section, and
                                                                         3                                        (ii) except as provided by the Sec-
                                                                         4                                 retary of the Treasury (or the Secretary’s
                                                                         5                                 delegate), such plan or contract shall not
                                                                         6                                 fail to meet the requirements of section
                                                                         7                                 411(d)(6) of the Internal Revenue Code of
                                                                         8                                 1986 and section 204(g) of the Employee
                                                                         9                                 Retirement Income Security Act of 1974
                                                                       10                                  by reason of such amendment.
                                                                       11                                  (B) AMENDMENTS TO WHICH PARAGRAPH
                                                                       12                        APPLIES.—

                                                                       13                                         (i) IN            GENERAL.—This                         paragraph
                                                                       14                                  shall apply to any amendment to any plan
                                                                       15                                  or annuity contract which—
                                                                       16                                                  (I) is made pursuant to the pro-
                                                                       17                                         visions of this section, and
                                                                       18                                                  (II) is made on or before the last
                                                                       19                                         day of the first plan year beginning
                                                                       20                                         on or after January 1, 2022.
                                                                       21                                  In the case of a governmental plan, sub-
                                                                       22                                  clause (II) shall be applied by substituting
                                                                       23                                  ‘‘2024’’ for ‘‘2022’’.




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                                                                       24                                         (ii)       CONDITIONS.—This                             paragraph
                                                                       25                                  shall not apply to any amendment unless


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                                                                         1                                 during the period beginning on the effec-
                                                                         2                                 tive date of the amendment and ending on
                                                                         3                                 December 31, 2022, the plan or contract is
                                                                         4                                 operated as if such plan or contract
                                                                         5                                 amendment were in effect.
                                                                         6     SEC. 302. CONVERSION OF CERTAIN 2020 DISTRIBUTIONS

                                                                         7                             TO QUALIFIED LOANS FOR PURPOSES OF

                                                                         8                             CARES ACT.

                                                                         9              (a) IN GENERAL.—At the election of any individual,
                                                                       10 any distribution from a qualified employer plan (as de-
                                                                       11 fined in section 72(p)(4) of the Internal Revenue Code of
                                                                       12 1986) which is made on or after January 1, 2020, and
                                                                       13 before the date of the enactment of this Act may be treat-
                                                                       14 ed for purposes of such Code and section 2202(b) of the
                                                                       15 CARES Act as a loan to which paragraphs (1) and (2)
                                                                       16 of such section 2202(b) apply.
                                                                       17               (b) LIMITATION.—Subsection (a) shall apply only to
                                                                       18 so much of any such distributions as in the aggregate does
                                                                       19 not exceed the limitation determined under section
                                                                       20 72(p)(2)(A) of the Internal Revenue Code of 1986, ap-
                                                                       21 plied—
                                                                       22                        (1) by substituting ‘‘$100,000’’ for ‘‘$50,000’’
                                                                       23               in clause (i) thereof, and




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                                                                       24                        (2) by substituting ‘‘the present value of the
                                                                       25               nonforfeitable accrued benefit of the employee under


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                                                                                                                             147
                                                                         1              the plan’’ for ‘‘one-half of the present value of the
                                                                         2              nonforfeitable accrued benefit of the employee under
                                                                         3              the plan’’ in clause (ii) thereof.
                                                                         4              (c) TIMING OF LOAN.—If subsection (a) applies to
                                                                         5 any distribution, the individual shall be treated—
                                                                         6                       (1) as not having received a distribution, and
                                                                         7                       (2) as having received a loan on the date the
                                                                         8              original distribution was made.
                                                                         9              (d) EMPLOYER CONSENT, ETC.—Subsection (a) shall
                                                                       10 not apply to any distribution unless the employer of the
                                                                       11 individual consents to the treatment of such distribution
                                                                       12 as a loan from the plan. Such consent may apply to the
                                                                       13 application of either paragraph (1) or (2) of section
                                                                       14 2202(b) of the CARES Act, or both, with respect to any
                                                                       15 distribution.
                                                                       16      SEC. 303. INDEXING OF CERTAIN ASSETS FOR PURPOSES

                                                                       17                              OF DETERMINING GAIN OR LOSS.

                                                                       18               (a) IN GENERAL.—Part II of subchapter O of chap-
                                                                       19 ter 1 of the Internal Revenue Code of 1986 (relating to
                                                                       20 basis rules of general application) is amended by redesig-
                                                                       21 nating section 1023 as section 1024 and by inserting after
                                                                       22 section 1022 the following new section:
                                                                       23      ‘‘SEC. 1023. INDEXING OF CERTAIN ASSETS FOR PURPOSES




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                                                                       24                              OF DETERMINING GAIN OR LOSS.

                                                                       25               ‘‘(a) GENERAL RULE.—


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                                                                         1                       ‘‘(1) INDEXED BASIS SUBSTITUTED FOR AD-
                                                                         2              JUSTED BASIS.—Solely for purposes of determining

                                                                         3              gain or loss on the sale or other disposition by a tax-
                                                                         4              payer (other than a corporation) of an indexed asset
                                                                         5              which has been held for more than 3 years, the in-
                                                                         6              dexed basis of the asset shall be substituted for its
                                                                         7              adjusted basis.
                                                                         8                       ‘‘(2) EXCEPTION FOR DEPRECIATION, ETC.—
                                                                         9              The deductions for depreciation, depletion, and am-
                                                                       10               ortization shall be determined without regard to the
                                                                       11               application of paragraph (1) to the taxpayer or any
                                                                       12               other person.
                                                                       13                        ‘‘(3)       WRITTEN                DOCUMENTATION                         REQUIRE-

                                                                       14               MENT.—Paragraph (1) shall apply only with respect

                                                                       15               to indexed assets for which the taxpayer has written
                                                                       16               documentation of the original purchase price paid or
                                                                       17               incurred by the taxpayer to acquire such asset.
                                                                       18               ‘‘(b) INDEXED ASSET.—
                                                                       19                        ‘‘(1) IN GENERAL.—For purposes of this sec-
                                                                       20               tion, the term ‘indexed asset’ means—
                                                                       21                                  ‘‘(A) common stock in a C corporation
                                                                       22                        (other than a foreign corporation), or
                                                                       23                                  ‘‘(B) tangible property,




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                                                                       24               which is a capital asset or property used in the trade
                                                                       25               or business (as defined in section 1231(b)).


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                                                                         1                       ‘‘(2) STOCK IN CERTAIN FOREIGN CORPORA-
                                                                         2              TIONS INCLUDED.—For purposes of this section—

                                                                         3                                 ‘‘(A) IN          GENERAL.—The                         term ‘indexed
                                                                         4                       asset’ includes common stock in a foreign cor-
                                                                         5                       poration which is regularly traded on an estab-
                                                                         6                       lished securities market.
                                                                         7                                 ‘‘(B)         EXCEPTION.—Subparagraph                            (A)
                                                                         8                       shall not apply to—
                                                                         9                                         ‘‘(i) stock of a foreign investment
                                                                       10                                  company,
                                                                       11                                          ‘‘(ii) stock in a passive foreign invest-
                                                                       12                                  ment company (as defined in section
                                                                       13                                  1296),
                                                                       14                                          ‘‘(iii) stock in a foreign corporation
                                                                       15                                  held by a United States person who meets
                                                                       16                                  the requirements of section 1248(a)(2),
                                                                       17                                  and
                                                                       18                                          ‘‘(iv) stock in a foreign personal hold-
                                                                       19                                  ing company.
                                                                       20                                  ‘‘(C) TREATMENT OF AMERICAN DEPOSI-
                                                                       21                        TORY RECEIPTS.—An                            American depository re-
                                                                       22                        ceipt for common stock in a foreign corporation
                                                                       23                        shall be treated as common stock in such cor-




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                                                                       24                        poration.




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                                                                         1              ‘‘(c) INDEXED BASIS.—For purposes of this sec-
                                                                         2 tion—
                                                                         3                       ‘‘(1) GENERAL RULE.—The indexed basis for
                                                                         4              any asset is—
                                                                         5                                 ‘‘(A) the adjusted basis of the asset, in-
                                                                         6                       creased by
                                                                         7                                 ‘‘(B) the applicable inflation adjustment.
                                                                         8                       ‘‘(2) APPLICABLE INFLATION ADJUSTMENT.—
                                                                         9              The applicable inflation adjustment for any asset is
                                                                       10               an amount equal to—
                                                                       11                                  ‘‘(A) the adjusted basis of the asset, multi-
                                                                       12                        plied by
                                                                       13                                  ‘‘(B) the percentage (if any) by which—
                                                                       14                                         ‘‘(i)       the         gross          domestic          product
                                                                       15                                  deflator for the last calendar quarter end-
                                                                       16                                  ing before the asset is disposed of, exceeds
                                                                       17                                         ‘‘(ii)          the     gross          domestic          product
                                                                       18                                  deflator for the last calendar quarter end-
                                                                       19                                  ing before the asset was acquired by the
                                                                       20                                  taxpayer.
                                                                       21               The percentage under subparagraph (B) shall be
                                                                       22               rounded to the nearest 1⁄10 of 1 percentage point.
                                                                       23                        ‘‘(3) GROSS DOMESTIC PRODUCT DEFLATOR.—




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                                                                       24               The gross domestic product deflator for any cal-
                                                                       25               endar quarter is the implicit price deflator for the


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                                                                                                                             151
                                                                         1              gross domestic product for such quarter (as shown
                                                                         2              in the last revision thereof released by the Secretary
                                                                         3              of Commerce before the close of the following cal-
                                                                         4              endar quarter).
                                                                         5              ‘‘(d) SUSPENSION OF HOLDING PERIOD WHERE DI-
                                                                         6     MINISHED              RISK         OF       LOSS; TREATMENT                           OF   SHORT
                                                                         7 SALES.—
                                                                         8                       ‘‘(1) IN GENERAL.—If the taxpayer (or a re-
                                                                         9              lated person) enters into any transaction which sub-
                                                                       10               stantially reduces the risk of loss from holding any
                                                                       11               asset, such asset shall not be treated as an indexed
                                                                       12               asset for the period of such reduced risk.
                                                                       13                        ‘‘(2) SHORT SALES.—
                                                                       14                                  ‘‘(A) IN GENERAL.—In the case of a short
                                                                       15                        sale of an indexed asset with a short sale period
                                                                       16                        in excess of 3 years, for purposes of this title,
                                                                       17                        the amount realized shall be an amount equal
                                                                       18                        to the amount realized (determined without re-
                                                                       19                        gard to this paragraph) increased by the appli-
                                                                       20                        cable inflation adjustment. In applying sub-
                                                                       21                        section (c)(2) for purposes of the preceding sen-
                                                                       22                        tence, the date on which the property is sold
                                                                       23                        short shall be treated as the date of acquisition




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                                                                       24                        and the closing date for the sale shall be treat-
                                                                       25                        ed as the date of disposition.


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                                                                         1                                 ‘‘(B) SHORT SALE PERIOD.—For purposes
                                                                         2                       of subparagraph (A), the short sale period be-
                                                                         3                       gins on the day that the property is sold and
                                                                         4                       ends on the closing date for the sale.
                                                                         5              ‘‘(e) TREATMENT                       OF       REGULATED INVESTMENT
                                                                         6 COMPANIES AND REAL ESTATE INVESTMENT TRUSTS.—
                                                                         7                       ‘‘(1) ADJUSTMENTS AT ENTITY LEVEL.—
                                                                         8                                 ‘‘(A) IN GENERAL.—Except as otherwise
                                                                         9                       provided in this paragraph, the adjustment
                                                                       10                        under subsection (a) shall be allowed to any
                                                                       11                        qualified investment entity (including for pur-
                                                                       12                        poses of determining the earnings and profits of
                                                                       13                        such entity).
                                                                       14                                  ‘‘(B) EXCEPTION FOR CORPORATE SHARE-
                                                                       15                        HOLDERS.—Under regulations—

                                                                       16                                         ‘‘(i) in the case of a distribution by a
                                                                       17                                  qualified investment entity (directly or in-
                                                                       18                                  directly) to a corporation—
                                                                       19                                                  ‘‘(I) the determination of whether
                                                                       20                                         such distribution is a dividend shall be
                                                                       21                                         made without regard to this section,
                                                                       22                                         and
                                                                       23                                                  ‘‘(II) the amount treated as gain




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                                                                       24                                         by reason of the receipt of any capital
                                                                       25                                         gain dividend shall be increased by the


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                                                                         1                                         percentage by which the entity’s net
                                                                         2                                         capital gain for the taxable year (de-
                                                                         3                                         termined without regard to this sec-
                                                                         4                                         tion) exceeds the entity’s net capital
                                                                         5                                         gain for such year determined with re-
                                                                         6                                         gard to this section, and
                                                                         7                                         ‘‘(ii) there shall be other appropriate
                                                                         8                                 adjustments (including deemed distribu-
                                                                         9                                 tions) so as to ensure that the benefits of
                                                                       10                                  this section are not allowed (directly or in-
                                                                       11                                  directly) to corporate shareholders of quali-
                                                                       12                                  fied investment entities.
                                                                       13                        For purposes of the preceding sentence, any
                                                                       14                        amount includible in gross income under section
                                                                       15                        852(b)(3)(D) shall be treated as a capital gain
                                                                       16                        dividend and an S corporation shall not be
                                                                       17                        treated as a corporation.
                                                                       18                                  ‘‘(C)       EXCEPTION                  FOR         QUALIFICATION

                                                                       19                        PURPOSES.—This                     section shall not apply for
                                                                       20                        purposes of sections 851(b) and 856(c).
                                                                       21                                  ‘‘(D) EXCEPTION FOR CERTAIN TAXES IM-
                                                                       22                        POSED AT ENTITY LEVEL.—

                                                                       23                                          ‘‘(i) TAX ON FAILURE TO DISTRIBUTE




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                                                                       24                                  ENTIRE GAIN.—If any amount is subject to

                                                                       25                                  tax under section 852(b)(3)(A) for any


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                                                                         1                                 taxable year, the amount on which tax is
                                                                         2                                 imposed under such section shall be in-
                                                                         3                                 creased by the percentage determined
                                                                         4                                 under subparagraph (B)(i)(II). A similar
                                                                         5                                 rule shall apply in the case of any amount
                                                                         6                                 subject to tax under paragraph (2) or (3)
                                                                         7                                 of section 857(b) to the extent attributable
                                                                         8                                 to the excess of the net capital gain over
                                                                         9                                 the deduction for dividends paid deter-
                                                                       10                                  mined with reference to capital gain divi-
                                                                       11                                  dends only. The first sentence of this
                                                                       12                                  clause shall not apply to so much of the
                                                                       13                                  amount subject to tax under section
                                                                       14                                  852(b)(3)(A) as is designated by the com-
                                                                       15                                  pany under section 852(b)(3)(D).
                                                                       16                                         ‘‘(ii) OTHER                  TAXES.—This               section
                                                                       17                                  shall not apply for purposes of determining
                                                                       18                                  the amount of any tax imposed by para-
                                                                       19                                  graph (4), (5), or (6) of section 857(b).
                                                                       20                        ‘‘(2) ADJUSTMENTS TO INTERESTS HELD IN
                                                                       21               ENTITY.—

                                                                       22                                  ‘‘(A) REGULATED                       INVESTMENT               COMPA-

                                                                       23                        NIES.—Stock                in a regulated investment com-




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                                                                       24                        pany (within the meaning of section 851) shall




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                                                                         1                       be an indexed asset for any calendar quarter in
                                                                         2                       the same ratio as—
                                                                         3                                         ‘‘(i) the average of the fair market
                                                                         4                                 values of the indexed assets held by such
                                                                         5                                 company at the close of each month during
                                                                         6                                 such quarter, bears to
                                                                         7                                         ‘‘(ii) the average of the fair market
                                                                         8                                 values of all assets held by such company
                                                                         9                                 at the close of each such month.
                                                                       10                                  ‘‘(B)          REAL                ESTATE               INVESTMENT

                                                                       11                        TRUSTS.—Stock                    in a real estate investment
                                                                       12                        trust (within the meaning of section 856) shall
                                                                       13                        be an indexed asset for any calendar quarter in
                                                                       14                        the same ratio as—
                                                                       15                                          ‘‘(i) the fair market value of the in-
                                                                       16                                  dexed assets held by such trust at the close
                                                                       17                                  of such quarter, bears to
                                                                       18                                          ‘‘(ii) the fair market value of all as-
                                                                       19                                  sets held by such trust at the close of such
                                                                       20                                  quarter.
                                                                       21                                  ‘‘(C) RATIO OF 80 PERCENT OR MORE.—If
                                                                       22                        the ratio for any calendar quarter determined
                                                                       23                        under subparagraph (A) or (B) would (but for




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                                                                       24                        this subparagraph) be 80 percent or more, such
                                                                       25                        ratio for such quarter shall be 100 percent.


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                                                                         1                                 ‘‘(D) RATIO OF 20 PERCENT OR LESS.—If
                                                                         2                       the ratio for any calendar quarter determined
                                                                         3                       under subparagraph (A) or (B) would (but for
                                                                         4                       this subparagraph) be 20 percent or less, such
                                                                         5                       ratio for such quarter shall be zero.
                                                                         6                                 ‘‘(E) LOOK-THRU OF PARTNERSHIPS.—For
                                                                         7                       purposes of this paragraph, a qualified invest-
                                                                         8                       ment entity which holds a partnership interest
                                                                         9                       shall be treated (in lieu of holding a partnership
                                                                       10                        interest) as holding its proportionate share of
                                                                       11                        the assets held by the partnership.
                                                                       12                        ‘‘(3) TREATMENT OF RETURN OF CAPITAL DIS-
                                                                       13               TRIBUTIONS.—Except as otherwise provided by the

                                                                       14               Secretary, a distribution with respect to stock in a
                                                                       15               qualified investment entity which is not a dividend
                                                                       16               and which results in a reduction in the adjusted
                                                                       17               basis of such stock shall be treated as allocable to
                                                                       18               stock acquired by the taxpayer in the order in which
                                                                       19               such stock was acquired.
                                                                       20                        ‘‘(4) QUALIFIED                     INVESTMENT                   ENTITY.—For

                                                                       21               purposes of this subsection, the term ‘qualified in-
                                                                       22               vestment entity’ means—
                                                                       23                                  ‘‘(A) a regulated investment company




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                                                                       24                        (within the meaning of section 851), and




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                                                                         1                                 ‘‘(B) a real estate investment trust (within
                                                                         2                       the meaning of section 856).
                                                                         3              ‘‘(f) OTHER PASS-THRU ENTITIES.—
                                                                         4                       ‘‘(1) PARTNERSHIPS.—
                                                                         5                                 ‘‘(A) IN GENERAL.—In the case of a part-
                                                                         6                       nership, the adjustment made under subsection
                                                                         7                       (a) at the partnership level shall be passed
                                                                         8                       through to the partners.
                                                                         9                                 ‘‘(B) SPECIAL RULE IN THE CASE OF SEC-
                                                                       10                        TION 754 ELECTIONS.—In the case of a transfer

                                                                       11                        of an interest in a partnership with respect to
                                                                       12                        which the election provided in section 754 is in
                                                                       13                        effect—
                                                                       14                                         ‘‘(i) the adjustment under section
                                                                       15                                  743(b)(1) shall, with respect to the trans-
                                                                       16                                  feror partner, be treated as a sale of the
                                                                       17                                  partnership assets for purposes of applying
                                                                       18                                  this section, and
                                                                       19                                         ‘‘(ii) with respect to the transferee
                                                                       20                                  partner, the partnership’s holding period
                                                                       21                                  for purposes of this section in such assets
                                                                       22                                  shall be treated as beginning on the date
                                                                       23                                  of such adjustment.




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                                                                       24                        ‘‘(2) S CORPORATIONS.—In the case of an S
                                                                       25               corporation, the adjustment made under subsection


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                                                                         1              (a) at the corporate level shall be passed through to
                                                                         2              the shareholders. This section shall not apply for
                                                                         3              purposes of determining the amount of any tax im-
                                                                         4              posed by section 1374 or 1375.
                                                                         5                       ‘‘(3) COMMON TRUST FUNDS.—In the case of a
                                                                         6              common trust fund, the adjustment made under sub-
                                                                         7              section (a) at the trust level shall be passed through
                                                                         8              to the participants.
                                                                         9                       ‘‘(4) INDEXING ADJUSTMENT DISREGARDED IN
                                                                       10               DETERMINING LOSS ON SALE OF INTEREST IN ENTI-

                                                                       11               TY.—Notwithstanding                         the preceding provisions of
                                                                       12               this subsection, for purposes of determining the
                                                                       13               amount of any loss on a sale or exchange of an in-
                                                                       14               terest in a partnership, S corporation, or common
                                                                       15               trust fund, the adjustment made under subsection
                                                                       16               (a) shall not be taken into account in determining
                                                                       17               the adjusted basis of such interest.
                                                                       18               ‘‘(g) DISPOSITIONS BETWEEN RELATED PERSONS.—
                                                                       19                        ‘‘(1) IN GENERAL.—This section shall not apply
                                                                       20               to any sale or other disposition of property between
                                                                       21               related persons except to the extent that the basis
                                                                       22               of such property in the hands of the transferee is a
                                                                       23               substituted basis.




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                                                                         1                       ‘‘(2) RELATED PERSONS DEFINED.—For pur-
                                                                         2              poses of this section, the term ‘related persons’
                                                                         3              means—
                                                                         4                                 ‘‘(A) persons bearing a relationship set
                                                                         5                       forth in section 267(b), and
                                                                         6                                 ‘‘(B) persons treated as single employer
                                                                         7                       under subsection (b) or (c) of section 414.
                                                                         8              ‘‘(h) TRANSFERS TO INCREASE INDEXING ADJUST-
                                                                         9     MENT.—If any person transfers cash, debt, or any other

                                                                       10 property to another person and the principal purpose of
                                                                       11 such transfer is to secure or increase an adjustment under
                                                                       12 subsection (a), the Secretary may disallow part or all of
                                                                       13 such adjustment or increase.
                                                                       14               ‘‘(i) SPECIAL RULES.—For purposes of this section—
                                                                       15                        ‘‘(1) TREATMENT OF IMPROVEMENTS, ETC.—If
                                                                       16               there is an addition to the adjusted basis of any tan-
                                                                       17               gible property or of any stock in a corporation dur-
                                                                       18               ing the taxable year by reason of an improvement to
                                                                       19               such property or a contribution to capital of such
                                                                       20               corporation—
                                                                       21                                  ‘‘(A) such addition shall never be taken
                                                                       22                        into account under subsection (c)(1)(A) if the
                                                                       23                        aggregate amount thereof during the taxable




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                                                                       24                        year with respect to such property or stock is
                                                                       25                        less than $1,000, and


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                                                                         1                                 ‘‘(B) such addition shall be treated as a
                                                                         2                       separate asset acquired at the close of such tax-
                                                                         3                       able year if the aggregate amount thereof dur-
                                                                         4                       ing the taxable year with respect to such prop-
                                                                         5                       erty or stock is $1,000 or more.
                                                                         6              A rule similar to the rule of the preceding sentence
                                                                         7              shall apply to any other portion of an asset to the
                                                                         8              extent that separate treatment of such portion is ap-
                                                                         9              propriate to carry out the purposes of this section.
                                                                       10                        ‘‘(2) ASSETS WHICH ARE NOT INDEXED ASSETS
                                                                       11               THROUGHOUT HOLDING PERIOD.—The applicable in-

                                                                       12               flation adjustment shall be appropriately reduced for
                                                                       13               periods during which the asset was not an indexed
                                                                       14               asset.
                                                                       15                        ‘‘(3)       TREATMENT                   OF        CERTAIN                DISTRIBU-

                                                                       16               TIONS.—A              distribution with respect to stock in a
                                                                       17               corporation which is not a dividend shall be treated
                                                                       18               as a disposition.
                                                                       19                        ‘‘(4) SECTION                    CANNOT INCREASE ORDINARY

                                                                       20               LOSS.—To the extent that (but for this paragraph)

                                                                       21               this section would create or increase a net ordinary
                                                                       22               loss to which section 1231(a)(2) applies or an ordi-
                                                                       23               nary loss to which any other provision of this title




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                                                                       24               applies, such provision shall not apply. The taxpayer
                                                                       25               shall be treated as having a long-term capital loss in


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                                                                         1              an amount equal to the amount of the ordinary loss
                                                                         2              to which the preceding sentence applies.
                                                                         3                       ‘‘(5) ACQUISITION DATE WHERE THERE HAS
                                                                         4              BEEN PRIOR APPLICATION OF SUBSECTION                                                 (a)(1)
                                                                         5              WITH RESPECT TO THE TAXPAYER.—If                                                  there has
                                                                         6              been a prior application of subsection (a)(1) to an
                                                                         7              asset while such asset was held by the taxpayer, the
                                                                         8              date of acquisition of such asset by the taxpayer
                                                                         9              shall be treated as not earlier than the date of the
                                                                       10               most recent such prior application.
                                                                       11               ‘‘(j) REGULATIONS.—The Secretary shall prescribe
                                                                       12 such regulations as may be necessary or appropriate to
                                                                       13 carry out the purposes of this section.’’.
                                                                       14               (b) CLERICAL AMENDMENT.—The table of sections
                                                                       15 for part II of subchapter O of chapter 1 of the Internal
                                                                       16 Revenue Code of 1986 is amended by striking the item
                                                                       17 relating to section 1023 and by inserting after the item
                                                                       18 relating to section 1022 the following new item:
                                                                               ‘‘Sec. 1023. Indexing of certain assets for purposes of determining gain or loss.
                                                                               ‘‘Sec. 1024. Cross references.’’.

                                                                       19               (c) EFFECTIVE DATE.—The amendments made by
                                                                       20 this section shall apply to indexed assets acquired by the
                                                                       21 taxpayer after December 31, 2020, in taxable years ending
                                                                       22 after such date.




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                                                                         1     SEC. 304. RETIREMENT FREEDOM.

                                                                         2              Any individual who is otherwise entitled to benefits
                                                                         3 under part A of title XVIII of the Social Security Act may
                                                                         4 elect (in such form and manner as may be specified by
                                                                         5 the Secretary of Health and Human Services) to opt out
                                                                         6 of such entitlement. Notwithstanding any other provision
                                                                         7 of law, in the case of an individual who makes such an
                                                                         8 election, such individual—
                                                                         9                       (1) may (in such form and manner as may be
                                                                       10               specified by the Secretary) subsequently choose to
                                                                       11               end such election and opt back into such entitlement
                                                                       12               (in accordance with a process determined by the
                                                                       13               Secretary) without being subject to any penalty;
                                                                       14                        (2) shall not be required to opt out of benefits
                                                                       15               under title II of such Act as a condition for making
                                                                       16               such election; and
                                                                       17                        (3) shall not be required to repay any amount
                                                                       18               paid under such part A for items and services fur-
                                                                       19               nished prior to making such election.
                                                                       20 TITLE IV—FOR OUR CHILDREN:
                                                                       21    SAFELY RETURNING KIDS TO
                                                                       22    SCHOOL
                                                                       23      SEC. 401. EDUCATION FREEDOM SCHOLARSHIPS AND OP-

                                                                       24




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                                                                                                       PORTUNITY.

                                                                       25               (a) EMERGENCY EDUCATION FREEDOM GRANTS.—
                                                                       26                        (1) DEFINITIONS.—In this subsection:
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                                                                         1                                 (A) DEFINITIONS                     FROM THE INTERNAL

                                                                         2                       REVENUE CODE OF 1986.—The                                        definitions in
                                                                         3                       section 25E(c) of the Internal Revenue Code of
                                                                         4                       1986, as added by subsection (b), shall apply to
                                                                         5                       this subsection, except as otherwise provided.
                                                                         6                                 (B) EMERGENCY                       EDUCATION                  FREEDOM

                                                                         7                       GRANT          FUNDS.—The                    term ‘‘emergency edu-
                                                                         8                       cation freedom grant funds’’ means the amount
                                                                         9                       of funds available under paragraph (2)(A) for
                                                                       10                        this subsection that are not reserved under
                                                                       11                        paragraph (3)(A)(i).
                                                                       12                                  (C) SECRETARY.—The term ‘‘Secretary’’
                                                                       13                        means the Secretary of Education.
                                                                       14                                  (D) STATE.—The term ‘‘State’’ means
                                                                       15                        each of the 50 States, the District of Columbia,
                                                                       16                        and the Commonwealth of Puerto Rico.
                                                                       17                        (2) GRANTS.—
                                                                       18                                  (A) PROGRAM                  AUTHORIZED.—From                      any
                                                                       19                        amounts appropriated for section 18003 of divi-
                                                                       20                        sion B of the CARES Act (Public Law 116–
                                                                       21                        136) on or after the date of enactment of this
                                                                       22                        Act, the Secretary shall, notwithstanding any
                                                                       23                        other provision of title XVIII of division B of




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                                                                       24                        the CARES Act, use 10 percent of such
                                                                       25                        amounts to carry out paragraph (3) and award


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                                                                         1                       emergency education freedom grants to States
                                                                         2                       with approved applications, in order to enable
                                                                         3                       the States to award subgrants to eligible schol-
                                                                         4                       arship-granting organizations under paragraph
                                                                         5                       (4).
                                                                         6                                 (B) TIMING.—The Secretary shall make
                                                                         7                       the allotments required under this paragraph by
                                                                         8                       not later than 30 days after the date of enact-
                                                                         9                       ment of this Act.
                                                                       10                        (3) RESERVATION AND ALLOTMENTS.—
                                                                       11                                  (A) IN           GENERAL.—From                         the amounts
                                                                       12                        made available under paragraph (2)(A), the
                                                                       13                        Secretary shall—
                                                                       14                                         (i) reserve—
                                                                       15                                                  (I) one-half of 1 percent for allot-
                                                                       16                                         ments for the United States Virgin Is-
                                                                       17                                         lands, Guam, American Samoa, and
                                                                       18                                         the Commonwealth of the Northern
                                                                       19                                         Mariana Islands, to be distributed
                                                                       20                                         among those outlying areas on the
                                                                       21                                         basis of their relative need, as deter-
                                                                       22                                         mined by the Secretary, in accordance
                                                                       23                                         with the purpose of this subsection;




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                                                                       24                                         and




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                                                                         1                                                 (II) one-half of 1 percent of such
                                                                         2                                        amounts for the Secretary of the Inte-
                                                                         3                                        rior, acting through the Bureau of In-
                                                                         4                                        dian Education, to be used to provide
                                                                         5                                        subgrants described in paragraph (4)
                                                                         6                                        to eligible scholarship-granting organi-
                                                                         7                                        zations that serve students attending
                                                                         8                                        elementary                  schools             or      secondary
                                                                         9                                        schools operated or funded by the Bu-
                                                                       10                                         reau of Indian Education; and
                                                                       11                                         (ii) subject to subparagraph (B), allot
                                                                       12                                  each State that submits an approved appli-
                                                                       13                                  cation under this subsection the sum of—
                                                                       14                                                  (I) the amount that bears the
                                                                       15                                         same relation to 20 percent of the
                                                                       16                                         emergency education freedom grant
                                                                       17                                         funds as the number of individuals
                                                                       18                                         aged 5 through 17 in the State, as de-
                                                                       19                                         termined by the Secretary on the
                                                                       20                                         basis of the most recent satisfactory
                                                                       21                                         data, bears to the number of those in-
                                                                       22                                         dividuals, as so determined, in all
                                                                       23                                         such States that submitted approved




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                                                                       24                                         applications; and




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                                                                         1                                                 (II) an amount that bears the
                                                                         2                                        same relationship to 80 percent of the
                                                                         3                                        emergency education freedom grant
                                                                         4                                        funds as the number of individuals
                                                                         5                                        aged 5 through 17 from families with
                                                                         6                                        incomes below the poverty line in the
                                                                         7                                        State, as determined by the Secretary
                                                                         8                                        on the basis of the most recent satis-
                                                                         9                                        factory data, bears to the number of
                                                                       10                                         those individuals, as so determined, in
                                                                       11                                         all such States that submitted ap-
                                                                       12                                         proved applications.
                                                                       13                                  (B) MINIMUM                    ALLOTMENT.—No                   State
                                                                       14                        shall receive an allotment under this paragraph
                                                                       15                        for a fiscal year that is less than one-half of 1
                                                                       16                        percent of the emergency education freedom
                                                                       17                        grant funds available for such fiscal year.
                                                                       18                        (4) SUBGRANTS                     TO ELIGIBLE SCHOLARSHIP-

                                                                       19               GRANTING ORGANIZATIONS.—

                                                                       20                                  (A) IN GENERAL.—A State that receives
                                                                       21                        an allotment under this subsection shall use the
                                                                       22                        allotment to award subgrants, on a basis deter-
                                                                       23                        mined appropriate by the State, to eligible




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                                                                       24                        scholarship-granting organizations in the State.
                                                                       25                                  (B) INITIAL TIMING.—


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                                                                         1                                        (i)      STATES              WITH          EXISTING          TAX

                                                                         2                                 CREDIT            SCHOLARSHIP                    PROGRAM.—Not

                                                                         3                                 later than 30 days after receiving an allot-
                                                                         4                                 ment under paragraph (3)(A)(ii), a State
                                                                         5                                 with an existing, as of the date of applica-
                                                                         6                                 tion for an allotment under this subsection,
                                                                         7                                 tax credit scholarship program shall use
                                                                         8                                 not less than 50 percent of the allotment
                                                                         9                                 to award subgrants to eligible scholarship-
                                                                       10                                  granting organizations in the State.
                                                                       11                                         (ii) STATES                 WITHOUT              TAX      CREDIT

                                                                       12                                  SCHOLARSHIP                PROGRAMS.—By                        not later
                                                                       13                                  than 60 days after receiving an allotment
                                                                       14                                  under paragraph (3)(A)(ii), a State with-
                                                                       15                                  out a tax credit scholarship program shall
                                                                       16                                  use not less than 50 percent of the allot-
                                                                       17                                  ment to award subgrants to eligible schol-
                                                                       18                                  arship-granting organizations in the State.
                                                                       19                                  (C) USES OF FUNDS.—An eligible scholar-
                                                                       20                        ship-granting               organization                that        receives    a
                                                                       21                        subgrant under this paragraph—
                                                                       22                                         (i) may reserve not more than 5 per-
                                                                       23                                  cent of the subgrant funds for public out-




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                                                                       24                                  reach, student and family support activi-




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                                                                         1                                 ties, and administrative expenses related to
                                                                         2                                 the subgrant; and
                                                                         3                                        (ii) shall use not less than 95 percent
                                                                         4                                 of the subgrant funds to provide qualifying
                                                                         5                                 scholarships for qualified expenses only to
                                                                         6                                 individual elementary school and secondary
                                                                         7                                 school students who reside in the State in
                                                                         8                                 which the eligible scholarship-granting or-
                                                                         9                                 ganization is recognized.
                                                                       10                        (5) REALLOCATION.—A State shall return to
                                                                       11               the Secretary any amounts of the allotment received
                                                                       12               under this subsection that the State does not award
                                                                       13               as subgrants under paragraph (4) by March 30,
                                                                       14               2021, and the Secretary shall reallocate such funds
                                                                       15               to the remaining eligible States in accordance with
                                                                       16               paragraph (3)(A)(ii).
                                                                       17                        (6) RULES OF CONSTRUCTION.—The rules of
                                                                       18               construction under section 25E(d) of the Internal
                                                                       19               Revenue Code of 1986, as added by subsection (b),
                                                                       20               shall apply to this subsection in the same manner as
                                                                       21               such rules apply to section 25E of such Code, as so
                                                                       22               added.
                                                                       23               (b) TAX CREDITS FOR CONTRIBUTIONS TO ELIGIBLE




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                                                                       24 SCHOLARSHIP-GRANTING ORGANIZATIONS.—




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                                                                         1                       (1) CREDIT FOR INDIVIDUALS.—Subpart A of
                                                                         2              part IV of subchapter A of chapter 1 of the Internal
                                                                         3              Revenue Code of 1986 is amended by adding after
                                                                         4              section 25D the following new section:
                                                                         5     ‘‘SEC. 25E. CONTRIBUTIONS TO ELIGIBLE SCHOLARSHIP-

                                                                         6                             GRANTING ORGANIZATIONS.

                                                                         7              ‘‘(a) ALLOWANCE OF CREDIT.—Subject to section
                                                                         8 401(c)(3) of the RECOVERY Act, in the case of an indi-
                                                                         9 vidual, there shall be allowed as a credit against the tax
                                                                       10 imposed by this chapter for the taxable year an amount
                                                                       11 equal to the sum of any qualified contributions made by
                                                                       12 the taxpayer during the taxable year.
                                                                       13               ‘‘(b) AMOUNT OF CREDIT.—The credit allowed under
                                                                       14 subsection (a) for any taxable year shall not exceed 10
                                                                       15 percent of the taxpayer’s adjusted gross income for the
                                                                       16 taxable year.
                                                                       17               ‘‘(c) DEFINITIONS.—For purposes of this section—
                                                                       18                        ‘‘(1) ELIGIBLE SCHOLARSHIP-GRANTING ORGA-
                                                                       19               NIZATION.—The                    term ‘eligible scholarship-granting
                                                                       20               organization’ means—
                                                                       21                                  ‘‘(A) an organization that—
                                                                       22                                         ‘‘(i) is described in section 501(c)(3)
                                                                       23                                  and exempt from taxation under section




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                                                                       24                                  501(a),




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                                                                         1                                        ‘‘(ii) provides qualifying scholarships
                                                                         2                                 to individual elementary and secondary
                                                                         3                                 students who—
                                                                         4                                                 ‘‘(I) reside in the State in which
                                                                         5                                        the eligible scholarship-granting orga-
                                                                         6                                        nization is recognized, or
                                                                         7                                                 ‘‘(II) in the case of the Bureau of
                                                                         8                                        Indian Education, are members of a
                                                                         9                                        federally recognized tribe,
                                                                       10                                         ‘‘(iii) a State identifies to the Sec-
                                                                       11                                  retary as an eligible scholarship-granting
                                                                       12                                  organization under section 401(c)(3)(E)(ii)
                                                                       13                                  of the RECOVERY Act,
                                                                       14                                         ‘‘(iv) allocates at least 90 percent of
                                                                       15                                  qualified contributions to qualifying schol-
                                                                       16                                  arships on an annual basis, and
                                                                       17                                         ‘‘(v) provides qualifying scholarships
                                                                       18                                  to—
                                                                       19                                                  ‘‘(I) more than 1 eligible student,
                                                                       20                                                  ‘‘(II) more than 1 eligible family,
                                                                       21                                         and
                                                                       22                                                  ‘‘(III) different eligible students
                                                                       23                                         attending more than 1 education pro-




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                                                                       24                                         vider, or
                                                                       25                                  ‘‘(B) an organization that—


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                                                                                                                             171
                                                                         1                                        ‘‘(i) is described in section 501(c)(3)
                                                                         2                                 and exempt from taxation under section
                                                                         3                                 501(a), and
                                                                         4                                        ‘‘(ii) pursuant to State law, was able,
                                                                         5                                 as of January 1, 2021, to receive contribu-
                                                                         6                                 tions that are eligible for a State tax credit
                                                                         7                                 if such contributions are used by the orga-
                                                                         8                                 nization to provide scholarships to indi-
                                                                         9                                 vidual elementary and secondary students,
                                                                       10                                  including scholarships for attending private
                                                                       11                                  schools.
                                                                       12                        ‘‘(2) QUALIFIED                     CONTRIBUTION.—The                    term
                                                                       13               ‘qualified contribution’ means a contribution of cash
                                                                       14               to any eligible scholarship-granting organization.
                                                                       15                        ‘‘(3) QUALIFIED EXPENSE.—The term ‘quali-
                                                                       16               fied expense’ means any educational expense that
                                                                       17               is—
                                                                       18                                  ‘‘(A) for an individual student’s elementary
                                                                       19                        or secondary education, as recognized by the
                                                                       20                        State, or
                                                                       21                                  ‘‘(B) for the secondary education compo-
                                                                       22                        nent of an individual elementary or secondary
                                                                       23                        student’s career and technical education, as de-




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                                                                       24                        fined by section 3(5) of the Carl D. Perkins Ca-




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                                                                                                                             172
                                                                         1                       reer and Technical Education Act of 2006 (20
                                                                         2                       U.S.C. 2302(5)).
                                                                         3                       ‘‘(4) QUALIFYING                      SCHOLARSHIP.—The                   term
                                                                         4              ‘qualifying scholarship’ means a scholarship granted
                                                                         5              by an eligible scholarship-granting organization to
                                                                         6              an individual elementary or secondary student for a
                                                                         7              qualified expense.
                                                                         8                       ‘‘(5) STATE.—The term ‘State’ means each of
                                                                         9              the 50 States, the District of Columbia, the Com-
                                                                       10               monwealth of Puerto Rico, the outlying areas (as de-
                                                                       11               fined in section 1121(c) of the Elementary and Sec-
                                                                       12               ondary Education Act of 1965 (20 U.S.C. 6331(c)),
                                                                       13               and the Department of the Interior (acting through
                                                                       14               the Bureau of Indian Education).
                                                                       15               ‘‘(d) RULES OF CONSTRUCTION.—
                                                                       16                        ‘‘(1) IN          GENERAL.—A                    qualifying scholarship
                                                                       17               awarded to a student from the proceeds of a quali-
                                                                       18               fied contribution under this section shall not be con-
                                                                       19               sidered assistance to the school or other educational
                                                                       20               provider that enrolls, or provides educational services
                                                                       21               to, the student or the student’s parents.
                                                                       22                        ‘‘(2) EXCLUSION FROM INCOME.—Gross income
                                                                       23               shall not include any amount received by an indi-




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                                                                       24               vidual as a qualifying scholarship and such amount
                                                                       25               shall not be taken into account as income or re-


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                                                                                                                             173
                                                                         1              sources for purposes of determining the eligibility of
                                                                         2              such individual or any other individual for benefits
                                                                         3              or assistance, or the amount or extent of such bene-
                                                                         4              fits or assistance, under any Federal program or
                                                                         5              under any State or local program financed in whole
                                                                         6              or in part with Federal funds.
                                                                         7                       ‘‘(3) PROHIBITION                      OF CONTROL OVER NON-

                                                                         8              PUBLIC EDUCATION PROVIDERS.—

                                                                         9                                 ‘‘(A)(i) Nothing in this section shall be
                                                                       10                        construed to permit, allow, encourage, or au-
                                                                       11                        thorize any Federal control over any aspect of
                                                                       12                        any private, religious, or home education pro-
                                                                       13                        vider, whether or not a home education provider
                                                                       14                        is treated as a private school or home school
                                                                       15                        under State law.
                                                                       16                                  ‘‘(ii) This section shall not be construed to
                                                                       17                        exclude private, religious, or home education
                                                                       18                        providers from participation in programs or
                                                                       19                        services under this section.
                                                                       20                                  ‘‘(B) Nothing in this section shall be con-
                                                                       21                        strued to permit, allow, encourage, or authorize
                                                                       22                        an entity submitting a list of eligible scholar-
                                                                       23                        ship-granting organizations on behalf of a State




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                                                                       24                        pursuant to section 401(c)(3)(E) of the RE-
                                                                       25                        COVERY Act to mandate, direct, or control


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                                                                                                                             174
                                                                         1                       any aspect of a private or home education pro-
                                                                         2                       vider, regardless of whether or not a home edu-
                                                                         3                       cation provider is treated as a private school
                                                                         4                       under State law.
                                                                         5                                 ‘‘(C) No participating State or entity act-
                                                                         6                       ing on behalf of a State pursuant to section
                                                                         7                       401(c)(3)(E) of the RECOVERY Act shall ex-
                                                                         8                       clude, discriminate against, or otherwise dis-
                                                                         9                       advantage any education provider with respect
                                                                       10                        to programs or services under this section based
                                                                       11                        in whole or in part on the provider’s religious
                                                                       12                        character or affiliation, including religiously
                                                                       13                        based or mission-based policies or practices.
                                                                       14                        ‘‘(4) PARENTAL                     RIGHTS           TO      USE          SCHOLAR-

                                                                       15               SHIPS.—No participating State or entity acting on

                                                                       16               behalf of a State pursuant to section 401(c)(3)(E)
                                                                       17               of the RECOVERY Act shall disfavor or discourage
                                                                       18               the use of qualifying scholarships for the purchase
                                                                       19               of elementary and secondary education services, in-
                                                                       20               cluding those services provided by private or non-
                                                                       21               profit entities, such as faith-based providers.
                                                                       22                        ‘‘(5) STATE AND LOCAL AUTHORITY.—Nothing
                                                                       23               in this section shall be construed to modify a State




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                                                                       24               or local government’s authority and responsibility to
                                                                       25               fund education.


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                                                                                                                             175
                                                                         1              ‘‘(e) DENIAL OF DOUBLE BENEFIT.—The Secretary
                                                                         2 shall prescribe such regulations or other guidance to en-
                                                                         3 sure that the sum of the tax benefits provided by Federal,
                                                                         4 State, or local law for a qualified contribution receiving
                                                                         5 a Federal tax credit in any taxable year does not exceed
                                                                         6 the sum of the qualified contributions made by the tax-
                                                                         7 payer for the taxable year.
                                                                         8              ‘‘(f) CARRYFORWARD OF CREDIT.—If a tax credit al-
                                                                         9 lowed under this section is not fully used within the appli-
                                                                       10 cable taxable year because of insufficient tax liability on
                                                                       11 the part of the taxpayer, the unused amount may be car-
                                                                       12 ried forward for a period not to exceed 5 years.
                                                                       13               ‘‘(g) ELECTION.—This section shall apply to a tax-
                                                                       14 payer for a taxable year only if the taxpayer elects to have
                                                                       15 this section apply for such taxable year.
                                                                       16               ‘‘(h) ALTERNATIVE MINIMUM TAX.—For purposes of
                                                                       17 calculating the alternative minimum tax under section 55,
                                                                       18 a taxpayer may use any credit received for a qualified con-
                                                                       19 tribution under this section.’’.
                                                                       20                        (2) CLERICAL AMENDMENT.—The table of sec-
                                                                       21               tions for subpart A of part IV of subchapter A of
                                                                       22               chapter 1 of the Internal Revenue Code of 1986 is
                                                                       23               amended by inserting after the item relating to sec-




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                                                                       24               tion 25D the following new item:
                                                                               ‘‘Sec. 25E. Contributions to eligible scholarship-granting organizations.’’.




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                                                                         1                       (3) CREDIT FOR CORPORATIONS.—Subpart D
                                                                         2              of part IV of subchapter A of chapter 1 of the Inter-
                                                                         3              nal Revenue Code of 1986 is amended by adding at
                                                                         4              the end the following new section:
                                                                         5     ‘‘SEC. 45U. CONTRIBUTIONS TO ELIGIBLE SCHOLARSHIP-

                                                                         6                             GRANTING ORGANIZATIONS.

                                                                         7              ‘‘(a) ALLOWANCE OF CREDIT.—Subject to section
                                                                         8 401(c)(3) of the RECOVERY Act, for purposes of section
                                                                         9 38, in the case of a domestic corporation, there shall be
                                                                       10 allowed as a credit against the tax imposed by this chapter
                                                                       11 for the taxable year an amount equal to the sum of any
                                                                       12 qualified contributions (as defined in section 25E(c)(2))
                                                                       13 made by such corporation taxpayer during the taxable
                                                                       14 year.
                                                                       15               ‘‘(b) AMOUNT OF CREDIT.—The credit allowed under
                                                                       16 subsection (a) for any taxable year shall not exceed 5 per-
                                                                       17 cent of the taxable income (as defined in section
                                                                       18 170(b)(2)(D)) of the domestic corporation for such taxable
                                                                       19 year.
                                                                       20               ‘‘(c) ADDITIONAL PROVISIONS.—For purposes of this
                                                                       21 section, any qualified contributions made by a domestic
                                                                       22 corporation shall be subject to the provisions of section
                                                                       23 25E (including subsection (d) of such section), to the ex-




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                                                                       24 tent applicable.




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                                                                         1              ‘‘(d) ELECTION.—This section shall apply to a tax-
                                                                         2 payer for a taxable year only if the taxpayer elects to have
                                                                         3 this section apply for such taxable year.’’.
                                                                         4                       (4) CREDIT                 PART          OF       GENERAL                BUSINESS

                                                                         5              CREDIT.—Section 38(b) is amended—

                                                                         6                                 (A) by striking ‘‘plus’’ at the end of para-
                                                                         7                       graph (32);
                                                                         8                                 (B) by striking the period at the end of
                                                                         9                       paragraph (33) and inserting ‘‘, plus’’; and
                                                                       10                                  (C) by adding at the end the following new
                                                                       11                        paragraph:
                                                                       12                        ‘‘(34) the credit for qualified contributions de-
                                                                       13               termined under section 45U(a).’’.
                                                                       14                        (5) CLERICAL AMENDMENT.—The table of sec-
                                                                       15               tions for subpart D of part IV of subchapter A of
                                                                       16               chapter 1 is amended by adding at the end the fol-
                                                                       17               lowing new item:
                                                                               ‘‘Sec. 45U. Contributions to eligible scholarship-granting organizations.’’.

                                                                       18                        (6) EFFECTIVE DATE.—The amendments made
                                                                       19               by this subsection shall apply to taxable years begin-
                                                                       20               ning after December 31, 2020.
                                                                       21               (c) EDUCATION FREEDOM SCHOLARSHIPS WEB POR-
                                                                       22      TAL AND ADMINISTRATION.—

                                                                       23                        (1) IN GENERAL.—The Secretary of the Treas-




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                                                                       24               ury shall, in coordination with the Secretary of Edu-


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                                                                                                                             178
                                                                         1              cation, establish, host, and maintain a web portal
                                                                         2              that—
                                                                         3                                 (A) lists all eligible scholarship-granting
                                                                         4                       organizations;
                                                                         5                                 (B) enables a taxpayer to make a quali-
                                                                         6                       fying contribution to 1 or more eligible scholar-
                                                                         7                       ship-granting organizations and to immediately
                                                                         8                       obtain both a pre-approval of a tax credit for
                                                                         9                       that contribution and a receipt for tax filings;
                                                                       10                                  (C) provides information about the tax
                                                                       11                        benefits under sections 25E and 45U of the In-
                                                                       12                        ternal Revenue Code of 1986; and
                                                                       13                                  (D) enables a State to submit and update
                                                                       14                        information about its programs and its eligible
                                                                       15                        scholarship-granting organizations for informa-
                                                                       16                        tional purposes only, including information
                                                                       17                        on—
                                                                       18                                         (i) student eligibility;
                                                                       19                                         (ii) allowable educational expenses;
                                                                       20                                         (iii) the types of allowable education
                                                                       21                                  providers;
                                                                       22                                         (iv) the percentage of funds an orga-
                                                                       23                                  nization may use for program administra-




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                                                                       24                                  tion; and




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                                                                                                                             179
                                                                         1                                        (v) the percentage of total contribu-
                                                                         2                                 tions the organization awards in a calendar
                                                                         3                                 year.
                                                                         4                       (2) NONPORTAL CONTRIBUTIONS.—A taxpayer
                                                                         5              may opt to make a contribution directly to an eligi-
                                                                         6              ble scholarship-granting organization, instead of
                                                                         7              through the web portal described in paragraph (1),
                                                                         8              provided that the taxpayer, or the eligible scholar-
                                                                         9              ship-granting organization on behalf of the taxpayer,
                                                                       10               applies for, and receives, pre-approval for a tax cred-
                                                                       11               it from the Secretary of the Treasury in coordina-
                                                                       12               tion with the Secretary of Education.
                                                                       13                        (3) NATIONAL                     AND STATE LIMITATIONS ON

                                                                       14               CREDITS.—

                                                                       15                                  (A) NATIONAL LIMITATION.—For each fis-
                                                                       16                        cal year, the total amount of qualifying con-
                                                                       17                        tributions for which a credit is allowed under
                                                                       18                        sections 25E and 45U of the Internal Revenue
                                                                       19                        Code of 1986 shall not exceed $5,000,000,000.
                                                                       20                                  (B) ALLOCATION OF LIMITATION.—
                                                                       21                                         (i) INITIAL ALLOCATIONS.—For each
                                                                       22                                  calendar year, with respect to the limita-
                                                                       23                                  tion under subparagraph (A), the Sec-




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                                                                       24                                  retary of the Treasury, in consultation
                                                                       25                                  with the Secretary of Education, shall—


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                                                                         1                                                 (I) allocate to each State an
                                                                         2                                        amount equal to the sum of the quali-
                                                                         3                                        fying contributions made in the State
                                                                         4                                        in the previous year; and
                                                                         5                                                 (II) from any amounts remaining
                                                                         6                                        following allocations made under sub-
                                                                         7                                        clause (I), allocate to each partici-
                                                                         8                                        pating State an amount equal to the
                                                                         9                                        sum of—
                                                                       10                                                            (aa) an amount that bears
                                                                       11                                                  the same relationship to 20 per-
                                                                       12                                                  cent of such remaining amount
                                                                       13                                                  as the number of individuals
                                                                       14                                                  aged 5 through 17 in the State,
                                                                       15                                                  as determined by the Secretary of
                                                                       16                                                  Education on the basis of the
                                                                       17                                                  most recent satisfactory data,
                                                                       18                                                  bears to the number of those in-
                                                                       19                                                  dividuals in all such States, as so
                                                                       20                                                  determined; and
                                                                       21                                                            (bb) an amount that bears
                                                                       22                                                  the same relationship to 80 per-
                                                                       23                                                  cent of such remaining amount




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                                                                       24                                                  as the number of individuals
                                                                       25                                                  aged 5 through 17 from families


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                                                                                                                             181
                                                                         1                                                 with incomes below the poverty
                                                                         2                                                 line in the State, as determined
                                                                         3                                                 by the Secretary of Education, on
                                                                         4                                                 the basis of the most recent sat-
                                                                         5                                                 isfactory data, bears to the num-
                                                                         6                                                 ber of those individuals in all
                                                                         7                                                 such States, as so determined.
                                                                         8                                        (ii) MINIMUM ALLOCATION.—Notwith-
                                                                         9                                 standing clause (i), no State receiving an
                                                                       10                                  allocation under this subsection may re-
                                                                       11                                  ceive less than one-half of 1 percent of the
                                                                       12                                  amount allocated for a fiscal year.
                                                                       13                                         (iii) ALTERNATIVE ALLOCATION.—
                                                                       14                                                  (I) IN GENERAL.—Not later than
                                                                       15                                         the end of the fifth year of the pro-
                                                                       16                                         gram or 1 year after the end of the
                                                                       17                                         first fiscal year for which the total
                                                                       18                                         amount of credits claimed under sec-
                                                                       19                                         tion 25E and section 45U of the In-
                                                                       20                                         ternal Revenue Code of 1986 is
                                                                       21                                         $2,500,000,000 or more, whichever
                                                                       22                                         comes first, the Secretary of the
                                                                       23                                         Treasury, in consultation with the




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                                                                       24                                         Secretary of Education, shall, by reg-
                                                                       25                                         ulation, provide for an alternative al-


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                                                                         1                                        location method that shall take effect
                                                                         2                                        beginning with the first fiscal year
                                                                         3                                        after such regulation takes effect.
                                                                         4                                                 (II) ALTERNATIVE                         ALLOCATION

                                                                         5                                        METHOD.—The                      alternative allocation
                                                                         6                                        method shall be expressed as a for-
                                                                         7                                        mula based on a combination of the
                                                                         8                                        following data for each State, as re-
                                                                         9                                        ported by the State to the Secretary
                                                                       10                                         of the Treasury:
                                                                       11                                                            (aa) The relative percentage
                                                                       12                                                  of students in the State who re-
                                                                       13                                                  ceive an elementary or secondary
                                                                       14                                                  scholarship through a State pro-
                                                                       15                                                  gram that is financed through
                                                                       16                                                  State tax-credited donations or
                                                                       17                                                  appropriations and that permits
                                                                       18                                                  the        elementary                  or      secondary
                                                                       19                                                  scholarship to be used to attend
                                                                       20                                                  a private school.
                                                                       21                                                            (bb) The total amount of all
                                                                       22                                                  elementary and secondary schol-
                                                                       23                                                  arships awarded through a State




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                                                                       24                                                  program that is financed through
                                                                       25                                                  State tax-credited donations or


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                                                                         1                                                 appropriations compared to the
                                                                         2                                                 total amount of current State
                                                                         3                                                 and local expenditures for free
                                                                         4                                                 public education in the State.
                                                                         5                                                 (III) ALLOCATION                        FORMULA.—

                                                                         6                                        For any fiscal year to which subclause
                                                                         7                                        (I) applies, the Secretary of the
                                                                         8                                        Treasury, in consultation with the
                                                                         9                                        Secretary of Education, shall—
                                                                       10                                                            (aa) for each State, allocate
                                                                       11                                                  an amount equal to the sum of
                                                                       12                                                  the qualifying contributions made
                                                                       13                                                  in the State in the previous year;
                                                                       14                                                            (bb) allocate 2⁄3 of the re-
                                                                       15                                                  maining amount (after applica-
                                                                       16                                                  tion of item (aa)) of the national
                                                                       17                                                  limitation for that year using the
                                                                       18                                                  alternative               allocation           method
                                                                       19                                                  under subclause (II); and
                                                                       20                                                            (cc) allocate 1⁄3 of the re-
                                                                       21                                                  maining amount (after applica-
                                                                       22                                                  tion of item (aa) and (bb)) in ac-
                                                                       23                                                  cordance with clause (i)(II).




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                                                                       24                                                  (IV)         INELIGIBILITY.—For                   any
                                                                       25                                         fiscal year to which subclause (I) ap-


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                                                                         1                                        plies, a State that does not provide
                                                                         2                                        the Secretary of the Treasury with in-
                                                                         3                                        formation described in subclause (II)
                                                                         4                                        is not eligible to receive an allocation
                                                                         5                                        through             the        alternative              allocation
                                                                         6                                        method under such subclause.
                                                                         7                                 (C) ALLOWABLE PARTNERSHIPS.—A State
                                                                         8                       may choose to administer the allocation it re-
                                                                         9                       ceives under subparagraph (B) in partnership
                                                                       10                        with 1 or more States, provided that the eligible
                                                                       11                        scholarship-granting organizations in each part-
                                                                       12                        ner State serve students who reside in all
                                                                       13                        States in the partnership.
                                                                       14                                  (D) TOTAL ALLOCATION.—A State’s allo-
                                                                       15                        cation, for any fiscal year, is the sum of the
                                                                       16                        amount determined for such State under
                                                                       17                        clauses (i) and (ii) of subparagraph (B), except
                                                                       18                        as provided in subparagraph (B)(iii).
                                                                       19                                  (E) ALLOCATION AND ADJUSTMENTS.—
                                                                       20                                         (i)             INITIAL             ALLOCATION                 TO

                                                                       21                                  STATES.—Not                 later than November 1 of
                                                                       22                                  the year preceding a year for which there
                                                                       23                                  is a national limitation on credits under




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                                                                       24                                  subparagraph (A) (referred to in this sub-
                                                                       25                                  section as the ‘‘applicable year’’), or as


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                                                                         1                                 early as practicable with respect to the
                                                                         2                                 first year, the Secretary of the Treasury
                                                                         3                                 shall announce the State allocations under
                                                                         4                                 subparagraph (B) for the applicable year.
                                                                         5                                        (ii) LIST OF ELIGIBLE SCHOLARSHIP-
                                                                         6                                 GRANTING ORGANIZATIONS.—

                                                                         7                                                 (I) IN GENERAL.—Not later than
                                                                         8                                        January 1 of each applicable year, or
                                                                         9                                        as early as practicable with respect to
                                                                       10                                         the first year, each State shall provide
                                                                       11                                         the Secretary of the Treasury a list of
                                                                       12                                         eligible scholarship-granting organiza-
                                                                       13                                         tions, including a certification that the
                                                                       14                                         entity submitting the list on behalf of
                                                                       15                                         the State has the authority to perform
                                                                       16                                         this function.
                                                                       17                                                  (II) RULE OF CONSTRUCTION.—
                                                                       18                                         Neither this subsection nor any other
                                                                       19                                         Federal law shall be construed as lim-
                                                                       20                                         iting the entities that may submit the
                                                                       21                                         list on behalf of a State.
                                                                       22                                         (iii) REALLOCATION                         OF UNCLAIMED

                                                                       23                                  CREDITS.—The Secretary of the Treasury




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                                                                       24                                  shall reallocate a State’s allocation to other




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                                                                                                                             186
                                                                         1                                 States, in accordance with subparagraph
                                                                         2                                 (B), if the State—
                                                                         3                                                 (I) chooses not to identify schol-
                                                                         4                                        arship-granting organizations under
                                                                         5                                        clause (ii) in any applicable year; or
                                                                         6                                                 (II) does not have an existing eli-
                                                                         7                                        gible scholarship-granting organiza-
                                                                         8                                        tion.
                                                                         9                                        (iv) REALLOCATION.—On or after
                                                                       10                                  April 1 of any applicable year, the Sec-
                                                                       11                                  retary of the Treasury may reallocate, to 1
                                                                       12                                  or more other States that have eligible
                                                                       13                                  scholarship-granting organizations in the
                                                                       14                                  States, without regard to subparagraph
                                                                       15                                  (B), the allocation of a State for which the
                                                                       16                                  State’s allocation has not been claimed.
                                                                       17                        (4) DEFINITIONS.—Any term used in this sub-
                                                                       18               section which is also used in section 25E of the In-
                                                                       19               ternal Revenue Code of 1986 shall have the same
                                                                       20               meaning as when used in such section.
                                                                       21      SEC. 402. HELPING PARENTS EDUCATE CHILDREN DURING

                                                                       22                              THE CORONAVIRUS PANDEMIC.

                                                                       23               (a) IN GENERAL.—Section 529(c)(7) of the Internal




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                                                                       24 Revenue Code of 1986 is amended to read as follows:




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                                                                         1                       ‘‘(7) TREATMENT OF ELEMENTARY AND SEC-
                                                                         2              ONDARY TUITION.—Any reference in this section to

                                                                         3              the term ‘qualified higher education expense’ shall
                                                                         4              include a reference to the following expenses in con-
                                                                         5              nection with enrollment or attendance at, or for stu-
                                                                         6              dents enrolled at or attending, an elementary or sec-
                                                                         7              ondary public, private, or religious school:
                                                                         8                                 ‘‘(A) Tuition.
                                                                         9                                 ‘‘(B) Curriculum and curricular materials.
                                                                       10                                  ‘‘(C) Books or other instructional mate-
                                                                       11                        rials.
                                                                       12                                  ‘‘(D) Online educational materials.
                                                                       13                                  ‘‘(E) Tuition for tutoring or educational
                                                                       14                        classes outside of the home, including at a tu-
                                                                       15                        toring facility, but only if the tutor or instruc-
                                                                       16                        tor is not related to the student and—
                                                                       17                                         ‘‘(i) is licensed as a teacher in any
                                                                       18                                  State,
                                                                       19                                         ‘‘(ii) has taught at an eligible edu-
                                                                       20                                  cational institution, or
                                                                       21                                         ‘‘(iii) is a subject matter expert in the
                                                                       22                                  relevant subject.
                                                                       23                                  ‘‘(F) Fees for a nationally standardized




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                                                                       24                        norm-referenced achievement test, an advanced




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                                                                         1                       placement examination, or any examinations re-
                                                                         2                       lated to college or university admission.
                                                                         3                                 ‘‘(G) Fees for dual enrollment in an insti-
                                                                         4                       tution of higher education.
                                                                         5                                 ‘‘(H) Educational therapies for students
                                                                         6                       with disabilities provided by a licensed or ac-
                                                                         7                       credited practitioner or provider, including oc-
                                                                         8                       cupational, behavioral, physical, and speech-lan-
                                                                         9                       guage therapies.
                                                                       10               Such term shall include expenses for the purposes
                                                                       11               described in subparagraphs (B), (C), (D), (E), and
                                                                       12               (H) in connection with a homeschool (whether treat-
                                                                       13               ed as a homeschool or a private school for purposes
                                                                       14               of applicable State law).’’.
                                                                       15               (b) EFFECTIVE DATE.—The amendment made by
                                                                       16 subsection (a) shall apply to distributions made after the
                                                                       17 date of the enactment of this Act.
                                                                       18               (c)       ROLLOVERS                 FROM              CERTAIN             RETIREMENT
                                                                       19 PLANS.—In the case of a distribution from an eligible re-
                                                                       20 tirement plan described in clause (i), (ii), or (iii) of section
                                                                       21 402(c)(8)(B) of the Internal Revenue Code of 1986 after
                                                                       22 February 29, 2020, and before January 1, 2021—
                                                                       23                        (1) section 72(t) of such Code shall not apply




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                                                                       24               to such distribution;




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                                                                         1                       (2) such distribution shall be treated as meeting
                                                                         2              the requirements of section 401(k)(2)(B)(i), if appli-
                                                                         3              cable; and
                                                                         4                       (3) such distribution shall be treated as having
                                                                         5              been contributed in a direct trustee-to-trustee trans-
                                                                         6              fer within 60 days of the distribution for purposes
                                                                         7              of section 401(a)(31) or 408(d)(3), whichever is ap-
                                                                         8              plicable, if
                                                                         9 within 60 days of such distribution, an amount equal to
                                                                       10 the amount of such distribution is contributed to a quali-
                                                                       11 fied tuition program under section 529 of the Internal
                                                                       12 Revenue Code of 1986.
                                                                       13      SEC. 403. SAFE SCHOOL STUDENT PROTECTIVE EQUIP-

                                                                       14                              MENT TAX CREDIT.

                                                                       15               (a) IN GENERAL.—In the case of an individual, there
                                                                       16 shall be allowed as a credit against the tax imposed by
                                                                       17 subtitle A of the Internal Revenue Code of 1986 an
                                                                       18 amount equal to the lesser of—
                                                                       19                        (1) the sum of any eligible expenses paid or in-
                                                                       20               curred by the taxpayer during the taxable year, or
                                                                       21                        (2) $500.
                                                                       22               (b) TREATMENT OF CREDIT.—The credit allowed by
                                                                       23 subsection (a) shall be treated as allowed by subpart C




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                                                                       24 of part IV of subchapter A of chapter 1 of the Internal
                                                                       25 Revenue Code of 1986.


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                                                                         1              (c) DEFINITIONS.—For purposes of this section—
                                                                         2                       (1) ELIGIBLE EXPENSES.—The term ‘‘eligible
                                                                         3              expenses’’ means any expenses which are paid or in-
                                                                         4              curred by the taxpayer—
                                                                         5                                 (A) for any equipment or products which
                                                                         6                       are used by a qualified student to prevent such
                                                                         7                       student           from           contracting              or       transmitting
                                                                         8                       COVID–19, including masks, gloves, and dis-
                                                                         9                       infectants, and
                                                                       10                                  (B) before January 1, 2022.
                                                                       11                        (2) QUALIFIED STUDENT.—The term ‘‘qualified
                                                                       12               student’’ means an individual who—
                                                                       13                                  (A) is a qualifying child (as defined in sec-
                                                                       14                        tion 152(c) of the Internal Revenue Code of
                                                                       15                        1986) of the taxpayer, and
                                                                       16                                  (B) attends an elementary school or sec-
                                                                       17                        ondary school (as such terms are defined in sec-
                                                                       18                        tion 8101 of the Elementary and Secondary
                                                                       19                        Education Act of 1965 (20 U.S.C. 7801))
                                                                       20                        which, during the school year beginning with or
                                                                       21                        within the taxable year, is operating in a man-
                                                                       22                        ner which is substantially similar to the manner
                                                                       23                        in which such school operated during the school




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                                                                       24                        year which began in 2018.




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                                                                         1              (d) REGULATIONS.—The Secretary of the Treasury
                                                                         2 (or the Secretary’s delegate), in coordination with the Sec-
                                                                         3 retary of Education, shall prescribe such regulations or
                                                                         4 other guidance as may be necessary to carry out the pur-
                                                                         5 poses of this section, including any such regulations or
                                                                         6 guidance as are deemed necessary to allow schools to oper-
                                                                         7 ate in a manner which satisfies the requirements described
                                                                         8 in subsection (c)(2)(B).
                                                                         9              (e) APPLICATION.—This section shall only apply to
                                                                       10 amounts paid or incurred in taxable years beginning after
                                                                       11 December 31, 2019.
                                                                       12 TITLE V—DRIVING COVID CURES
                                                                       13   & TREATMENT INNOVATION
                                                                       14      SEC. 501. RESULTS FOR CORONAVIRUS PATIENTS.

                                                                       15               The Federal Food, Drug, and Cosmetic Act is amend-
                                                                       16 ed by inserting after section 524A of such Act (21 U.S.C.
                                                                       17 360n–1) the following:
                                                                       18      ‘‘SEC. 524B. RECIPROCAL MARKETING APPROVAL.

                                                                       19               ‘‘(a) IN GENERAL.—A covered product with recip-
                                                                       20 rocal marketing approval in effect under this section is
                                                                       21 deemed to be subject to an application or premarket notifi-
                                                                       22 cation for which an approval or clearance is in effect under
                                                                       23 section 505(c), 510(k), or 515 of this Act or section




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                                                                       24 351(a) of the Public Health Service Act, as applicable.




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                                                                         1              ‘‘(b) ELIGIBILITY.—The Secretary shall, with respect
                                                                         2 to a covered product, grant reciprocal marketing approval
                                                                         3 if—
                                                                         4                       ‘‘(1) the sponsor of the covered product submits
                                                                         5              a request for reciprocal marketing approval; and
                                                                         6                       ‘‘(2) the request demonstrates to the Sec-
                                                                         7              retary’s satisfaction that—
                                                                         8                                 ‘‘(A) the covered product is authorized to
                                                                         9                       be lawfully marketed in one or more of the
                                                                       10                        countries included in the list under section
                                                                       11                        802(b)(1) or in the United Kingdom for the
                                                                       12                        treatment or prevention the coronavirus or an-
                                                                       13                        other disease of epidemic potential;
                                                                       14                                  ‘‘(B) absent reciprocal marketing approval,
                                                                       15                        the covered product is not approved or cleared
                                                                       16                        for marketing, as described in subsection (a);
                                                                       17                                  ‘‘(C) the Secretary has not, because of any
                                                                       18                        concern relating to the safety or effectiveness of
                                                                       19                        the covered product, rescinded or withdrawn
                                                                       20                        any such approval or clearance;
                                                                       21                                  ‘‘(D) the authorization to market the cov-
                                                                       22                        ered product in one or more of the countries in-
                                                                       23                        cluded in the list under section 802(b)(1) or in




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                                                                       24                        the United Kingdom has not, because of any
                                                                       25                        concern relating to the safety or effectiveness of


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                                                                                                                             193
                                                                         1                       the covered product, been rescinded or with-
                                                                         2                       drawn;
                                                                         3                                 ‘‘(E) the covered product is not a banned
                                                                         4                       device under section 516; and
                                                                         5                                 ‘‘(F) there is a public health or unmet
                                                                         6                       medical need for the covered product in the
                                                                         7                       United States.
                                                                         8              ‘‘(c) SAFETY AND EFFECTIVENESS.—
                                                                         9                       ‘‘(1) IN GENERAL.—The Secretary—
                                                                       10                                  ‘‘(A) may decline to grant reciprocal mar-
                                                                       11                        keting approval under this section with respect
                                                                       12                        to a covered product if the Secretary affirma-
                                                                       13                        tively determines that the covered product—
                                                                       14                                         ‘‘(i) is a drug that is not safe and ef-
                                                                       15                                  fective; or
                                                                       16                                         ‘‘(ii) is a device for which there is no
                                                                       17                                  reasonable assurance of safety and effec-
                                                                       18                                  tiveness; and
                                                                       19                                  ‘‘(B) may condition reciprocal marketing
                                                                       20                        approval under this section on the conduct of
                                                                       21                        specified postmarket studies, which may include
                                                                       22                        such studies pursuant to a risk evaluation and
                                                                       23                        mitigation strategy under section 505–1.




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                                                                       24                        ‘‘(2) REPORT TO CONGRESS.—Upon declining
                                                                       25               to grant reciprocal marketing approval under this


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                                                                         1              section with respect to a covered product, the Sec-
                                                                         2              retary shall—
                                                                         3                                 ‘‘(A) include the denial in a list of such de-
                                                                         4                       nials for each month; and
                                                                         5                                 ‘‘(B) not later than the end of the respec-
                                                                         6                       tive month, submit the list to the Committee on
                                                                         7                       Energy and Commerce of the House of Rep-
                                                                         8                       resentatives and the Committee on Health,
                                                                         9                       Education, Labor, and Pensions of the Senate.
                                                                       10               ‘‘(d) REQUEST.—A request for reciprocal marketing
                                                                       11 approval shall—
                                                                       12                        ‘‘(1) be in such form, be submitted in such
                                                                       13               manner, and contain such information as the Sec-
                                                                       14               retary deems necessary to determine whether the cri-
                                                                       15               teria listed in subsection (b)(2) are met; and
                                                                       16                        ‘‘(2) include, with respect to each country in-
                                                                       17               cluded in the list under section 802(b)(1) where the
                                                                       18               covered product is authorized to be lawfully mar-
                                                                       19               keted, as described in subsection (b)(2)(A), an
                                                                       20               English translation of the dossier issued by such
                                                                       21               country to authorize such marketing.
                                                                       22               ‘‘(e) TIMING.—The Secretary shall issue an order
                                                                       23 granting, or declining to grant, reciprocal marketing ap-




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                                                                       24 proval with respect to a covered product not later than
                                                                       25 30 days after the Secretary’s receipt of a request under


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                                                                         1 subsection (b)(1) for the product. An order issued under
                                                                         2 this subsection shall take effect subject to Congressional
                                                                         3 disapproval under subsection (g).
                                                                         4              ‘‘(f) LABELING; DEVICE CLASSIFICATION.—During
                                                                         5 the 30-day period described in subsection (e)—
                                                                         6                       ‘‘(1) the Secretary and the sponsor of the cov-
                                                                         7              ered product shall expeditiously negotiate and final-
                                                                         8              ize the form and content of the labeling for a cov-
                                                                         9              ered product for which reciprocal marketing ap-
                                                                       10               proval is to be granted; and
                                                                       11                        ‘‘(2) in the case of a device for which reciprocal
                                                                       12               marketing approval is to be granted, the Secretary
                                                                       13               shall—
                                                                       14                                  ‘‘(A) classify the device pursuant to section
                                                                       15                        513; and
                                                                       16                                  ‘‘(B) determine whether, absent reciprocal
                                                                       17                        marketing approval, the device would need to be
                                                                       18                        cleared pursuant to section 510(k) or approved
                                                                       19                        pursuant to section 515 to be lawfully marketed
                                                                       20                        under this Act.
                                                                       21               ‘‘(g) CONGRESSIONAL DISAPPROVAL OF FDA OR-
                                                                       22      DERS.—

                                                                       23                        ‘‘(1) IN GENERAL.—A decision of the Secretary




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                                                                       24               to decline to grant reciprocal marketing approval




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                                                                         1              under this section shall not take effect if a joint res-
                                                                         2              olution of disapproval of the decision is enacted.
                                                                         3                       ‘‘(2) PROCEDURE.—
                                                                         4                                 ‘‘(A) IN GENERAL.—Subject to subpara-
                                                                         5                       graph (B), the procedures described in sub-
                                                                         6                       sections (b) through (g) of section 802 of title
                                                                         7                       5, United States Code, shall apply to the con-
                                                                         8                       sideration of a joint resolution under this sub-
                                                                         9                       section.
                                                                       10                                  ‘‘(B) TERMS.—For purposes of this sub-
                                                                       11                        section—
                                                                       12                                         ‘‘(i)           the         reference            to     ‘section
                                                                       13                                  801(a)(1)’ in section 802(b)(2)(A) of title
                                                                       14                                  5, United States Code, shall be considered
                                                                       15                                  to refer to subsection (c)(2); and
                                                                       16                                         ‘‘(ii)          the         reference            to     ‘section
                                                                       17                                  801(a)(1)(A)’ in section 802(e)(2) of title
                                                                       18                                  5, United States Code, shall be considered
                                                                       19                                  to refer to subsection (c)(2).
                                                                       20                        ‘‘(3)         EFFECT               OF         CONGRESSIONAL                 DIS-

                                                                       21               APPROVAL.—Reciprocal                            marketing approval under
                                                                       22               this section with respect to the applicable covered
                                                                       23               product shall take effect upon enactment of a joint




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                                                                       24               resolution of disapproval under this subsection.




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                                                                         1              ‘‘(h) APPLICABILITY OF RELEVANT PROVISIONS.—
                                                                         2 The provisions of this Act shall apply with respect to a
                                                                         3 covered product for which reciprocal marketing approval
                                                                         4 is in effect to the same extent and in the same manner
                                                                         5 as such provisions apply with respect to a product for
                                                                         6 which approval or clearance of an application or pre-
                                                                         7 market notification under section 505(c), 510(k), or 515
                                                                         8 of this Act or section 351(a) of the Public Health Service
                                                                         9 Act, as applicable, is in effect.
                                                                       10               ‘‘(i) FEES FOR REQUEST.—For purposes of imposing
                                                                       11 fees under chapter VII, a request for reciprocal marketing
                                                                       12 approval under this section shall be treated as an applica-
                                                                       13 tion or premarket notification for approval or clearance
                                                                       14 under section 505(c), 510(k), or 515 of this Act or section
                                                                       15 351(a) of the Public Health Service Act, as applicable.
                                                                       16               ‘‘(j) OUTREACH.—The Secretary shall conduct an
                                                                       17 outreach campaign to encourage the sponsors of covered
                                                                       18 products that are potentially eligible for reciprocal mar-
                                                                       19 keting approval to request such approval.
                                                                       20               ‘‘(k) DEFINITIONS.—In this section—
                                                                       21                        ‘‘(1) the term ‘coronavirus’ means SARS–CoV–
                                                                       22               2, COVID–19, or another coronavirus with epidemic
                                                                       23               potential; and




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                                                                       24                        ‘‘(2) the term ‘covered product’ means a drug,
                                                                       25               biological product, or device that is intended to treat


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                                                                                                                             198
                                                                         1              or prevent the coronavirus or another disease with
                                                                         2              epidemic potential.’’.
                                                                         3     SEC. 502. EQUAL ACCESS TO CARE.

                                                                         4              (a) IN GENERAL.—Notwithstanding any other provi-
                                                                         5 sion of law, during the period described in subsection (b),
                                                                         6 in the case of a physician, practitioner, or other health
                                                                         7 care provider who is licensed or otherwise legally author-
                                                                         8 ized to provide health care services in a primary State,
                                                                         9 and who provides such health care services in interstate
                                                                       10 commerce through electronic information or telecommuni-
                                                                       11 cation technologies to an individual in a secondary State,
                                                                       12 the location of the provision of such services shall be
                                                                       13 deemed to be the primary State and any requirement that
                                                                       14 such physician, practitioner, or other provider obtain a
                                                                       15 comparable license or other comparable legal authorization
                                                                       16 from the secondary State with respect to the provision of
                                                                       17 such services (including requirements relating to the pre-
                                                                       18 scribing of drugs in such secondary State) shall not apply.
                                                                       19               (b) PERIOD DESCRIBED.—The period described in
                                                                       20 this subsection is the period beginning on the date of en-
                                                                       21 actment of this Act and ending on the date that is 180
                                                                       22 days after the date on which the national emergency de-
                                                                       23 clared by the President under the National Emergencies




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                                                                       24 Act (50 U.S.C. 1601 et seq.) with respect to the
                                                                       25 Coronavirus Disease 2019 (COVID–19) ends.


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                                                                         1              (c) REVIEW OF REGULATIONS.—The head of each
                                                                         2 Federal agency shall review existing guidance and regula-
                                                                         3 tions to identify any such guidance or regulations that
                                                                         4 may conflict with the provisions of this section. If the head
                                                                         5 of an agency finds any such conflict, notwithstanding any
                                                                         6 other provision of law, such agency head shall, not later
                                                                         7 than 30 days after the date of enactment of this Act, issue
                                                                         8 revised guidance or regulations to ensure compliance with
                                                                         9 the provisions of this section.
                                                                       10               (d) DEFINITIONS.—In this section:
                                                                       11                        (1)       HEALTH                 CARE         SERVICES.—The              term
                                                                       12               ‘‘health care services’’ shall not include services of
                                                                       13               the type for which funding is prohibited under the
                                                                       14               requirements contained in Public Law 116–94 as re-
                                                                       15               lating to funds for programs authorized under sec-
                                                                       16               tions 330 through 340 of the Public Health Service
                                                                       17               Act (42 U.S.C. 254 through 256).
                                                                       18                        (2) PRIMARY                      STATE.—The                 term ‘‘primary
                                                                       19               State’’ means, with respect to the provision of health
                                                                       20               care services by a physician, practitioner, or other
                                                                       21               health care provider in interstate commerce through
                                                                       22               electronic information or telecommunication tech-
                                                                       23               nologies, the State in which such physician, practi-




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                                                                       24               tioner, or provider is physically located and licensed.




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                                                                         1                       (3) SECONDARY STATE.—The term ‘‘secondary
                                                                         2              State’’ means, with respect to the provision of health
                                                                         3              care services by a physician, practitioner, or other
                                                                         4              health care provider in interstate commerce through
                                                                         5              electronic information or telecommunication tech-
                                                                         6              nologies, a State in which such physician, practi-
                                                                         7              tioner, or other provider is not physically located or
                                                                         8              licensed.
                                                                         9     SEC. 503. PANDEMIC HEALTH CARE ACCESS.

                                                                       10               (a) IN GENERAL.—For purposes of section 223 of the
                                                                       11 Internal Revenue Code of 1986, notwithstanding sub-
                                                                       12 section (c)(1) thereof, during the coronavirus emergency
                                                                       13 period, any individual who is covered by any health plan,
                                                                       14 including a health plan which is not a high deductible
                                                                       15 health plan, shall be treated as an eligible individual.
                                                                       16               (b) CONTRIBUTION DEADLINE.—An individual who
                                                                       17 is treated as an eligible individual for purposes of section
                                                                       18 223 of the Internal Revenue Code of 1986 solely by reason
                                                                       19 of subsection (a) may make contributions to the health
                                                                       20 savings account (as defined in section 223(d) of such
                                                                       21 Code) of such individual up to the due date for the return
                                                                       22 of Federal income tax for the taxable year which includes
                                                                       23 the last day of the coronavirus emergency period.




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                                                                       24               (c) CORONAVIRUS EMERGENCY PERIOD.—For pur-
                                                                       25 poses of this section, the coronavirus emergency period is


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                                                                         1 the period beginning on March 13, 2020, and ending on
                                                                         2 the later of—
                                                                         3                       (1) the last day on which the declaration of
                                                                         4              emergency involving Federal primary responsibility
                                                                         5              determined to exist by the President under section
                                                                         6              501(b) of the Robert T. Stafford Disaster Relief and
                                                                         7              Emergency Assistance Act (42 U.S.C. 5191(b)) with
                                                                         8              respect to the Coronavirus Disease 2019 (COVID–
                                                                         9              19) is in effect; or
                                                                       10                        (2) the last day on which the declaration of na-
                                                                       11               tional emergency declared by the President under
                                                                       12               the National Emergencies Act (50 U.S.C. 1601 et
                                                                       13               seq.) with respect to the Coronavirus Disease 2019
                                                                       14               (COVID–19) is in effect.
                                                                       15      SEC. 504. BILATERAL COOPERATIVE AGREEMENT.

                                                                       16               (a) AUTHORIZATION OF APPROPRIATIONS.—There is
                                                                       17 authorized to be appropriated to the Secretary of Health
                                                                       18 and Human Services $4,000,000 for each of fiscal years
                                                                       19 2021 through 2023 for a bilateral cooperative program
                                                                       20 with the Government of Israel for awarding grants for the
                                                                       21 development of health technologies, including such tech-
                                                                       22 nologies described in subsection (b), subject to subsection
                                                                       23 (c), with an emphasis on collaboratively advancing the use




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                                                                       24 of technology, personalized medicine, and data in relation
                                                                       25 to COVID–19.


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                                                                         1              (b) TYPES OF HEALTH TECHNOLOGIES.—The health
                                                                         2 technologies described in this subsection shall include
                                                                         3 technologies such as artificial intelligence, sensors, moni-
                                                                         4 toring devices, drugs and vaccinations, respiratory assist
                                                                         5 devices, diagnostic tests, telemedicine, and remote moni-
                                                                         6 toring.
                                                                         7              (c) RESTRICTIONS                          ON     FUNDING.—The funding
                                                                         8 under subsection (a) is subject to a matching contribution
                                                                         9 from the Government of Israel.
                                                                       10               (d) OPTION FOR ESTABLISHING NEW PROGRAM.—
                                                                       11 The amounts appropriated under subsection (a) may be—
                                                                       12                        (1) for a bilateral program with the Govern-
                                                                       13               ment of Israel that is in existence on the day before
                                                                       14               the date of enactment of this Act for the purposes
                                                                       15               described in such subsection; or
                                                                       16                        (2) for a bilateral program with the Govern-
                                                                       17               ment of Israel that is established after the date of
                                                                       18               enactment of this Act by the Secretary of Health
                                                                       19               and Human Services, in consultation with the Sec-
                                                                       20               retary of State, in accordance with the Agreement
                                                                       21               between the Government of the United States of
                                                                       22               America and the Government of the State of Israel
                                                                       23               on Cooperation in Science and Technology for




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                                                                       24               Homeland Security Matters, done at Jerusalem May




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                                                                         1              29, 2008 (or a successor agreement), for the pur-
                                                                         2              poses described in subsection (a).
                                                                         3     SEC. 505. PRICE TRANSPARENCY REQUIREMENTS.

                                                                         4              (a) HOSPITALS.—Section 2718(e) of the Public
                                                                         5 Health Service Act (42 U.S.C. 300gg–18(e)) is amend-
                                                                         6 ed—
                                                                         7                       (1) by striking ‘‘Each hospital’’ and inserting
                                                                         8              the following:
                                                                         9                       ‘‘(1) IN GENERAL.—Each hospital’’;
                                                                       10                        (2) by inserting ‘‘, in a machine-readable for-
                                                                       11               mat,         via       open        application               program              interfaces
                                                                       12               (APIs)’’ after ‘‘a list’’;
                                                                       13                        (3) by inserting ‘‘, along with such additional
                                                                       14               information as the Secretary may require with re-
                                                                       15               spect to such charges for purposes of promoting
                                                                       16               public awareness of hospital pricing in advance of
                                                                       17               receiving a hospital item or service’’ before the pe-
                                                                       18               riod; and
                                                                       19                        (4) by adding at the end the following:
                                                                       20                        ‘‘(2) DEFINITION OF STANDARD CHARGES.—
                                                                       21               Notwithstanding any other provision of law, for pur-
                                                                       22               poses of paragraph (1), the term ‘standard charges’
                                                                       23               means the rates hospitals, including providers or en-




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                                                                       24               tities that contract with or practice at a hospital,
                                                                       25               charge for all items and services at a minimum,


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                                                                         1              chargemaster rates, rates that hospitals negotiate
                                                                         2              with third-party payors across all plans, including
                                                                         3              those related to a patient’s specific plan, discounted
                                                                         4              cash prices, and other rates determined by the Sec-
                                                                         5              retary.
                                                                         6                       ‘‘(3) ENFORCEMENT.—In addition to any other
                                                                         7              enforcement actions or penalties that may apply
                                                                         8              under subsection (b)(3) or another provision of law,
                                                                         9              a hospital that fails to provide the information re-
                                                                       10               quired by this subsection and has not completed a
                                                                       11               corrective action plan to comply with the require-
                                                                       12               ments of such subsection shall be subject to a civil
                                                                       13               monetary penalty of an amount not to exceed $300
                                                                       14               per day that the violation is ongoing as determined
                                                                       15               by the Secretary. Such penalty shall be imposed and
                                                                       16               collected in the same manner as civil money pen-
                                                                       17               alties under subsection (a) of section 1128A of the
                                                                       18               Social Security Act are imposed and collected.’’.
                                                                       19               (b)         TRANSPARENCY                        IN          COVERAGE.—Section
                                                                       20 1311(e)(3) of the Patient Protection and Affordable Care
                                                                       21 Act (42 U.S.C. 18031(e)(3)) is amended—
                                                                       22                        (1) in subparagraph (A)—
                                                                       23                                  (A) in clause (vii), by inserting before the




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                                                                       24                        period the following: ‘‘, including, for all items
                                                                       25                        and services covered under the plan, aggregate


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                                                                         1                       information on specific payments the plan has
                                                                         2                       made to out-of-network health care providers on
                                                                         3                       behalf of plan enrollees’’;
                                                                         4                                 (B) by designating clause (ix) as clause
                                                                         5                       (x); and
                                                                         6                                 (C) by inserting after clause (viii), the fol-
                                                                         7                       lowing:
                                                                         8                                        ‘‘(ix) Information on the specific nego-
                                                                         9                                 tiated payment rates between the plan and
                                                                       10                                  health care providers for all items and
                                                                       11                                  services covered under the plan.’’;
                                                                       12                        (2) in subparagraph (B)—
                                                                       13                                  (A) in the heading, by striking ‘‘USE’’ and
                                                                       14                        inserting ‘‘DELIVERY METHODS AND USE’’;
                                                                       15                                  (B) by inserting ‘‘, as applicable,’’ after
                                                                       16                        ‘‘English proficiency’’; and
                                                                       17                                  (C) by inserting after the second sentence,
                                                                       18                        the following: ‘‘The Secretary shall establish
                                                                       19                        standards for electronic delivery and access to
                                                                       20                        such information by individuals, free of charge,
                                                                       21                        in machine readable format, through an inter-
                                                                       22                        net website and via open APIs.’’;
                                                                       23                        (3) in subparagraph (C)—




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                                                                         1                                 (A) in the first sentence, by inserting ‘‘or
                                                                         2                       out-of-network provider’’ after ‘‘item or service
                                                                         3                       by a participating provider’’;
                                                                         4                                 (B) in the second sentence, by striking
                                                                         5                       ‘‘through an internet website’’ and inserting
                                                                         6                       ‘‘free of charge, in machine readable format,
                                                                         7                       through an internet website, and via open APIs,
                                                                         8                       in accordance with standards established by the
                                                                         9                       Secretary,’’; and
                                                                       10                                  (C) by adding at the end the following:
                                                                       11                        ‘‘Such information shall include specific nego-
                                                                       12                        tiated rates that allow for comparison between
                                                                       13                        providers and across plans, and related to a pa-
                                                                       14                        tient’s specific plan, including after an enrollee
                                                                       15                        has exceeded their deductible responsibility.’’;
                                                                       16                        and
                                                                       17                        (4) in subparagraph (D) by striking ‘‘subpara-
                                                                       18               graph (A)’’ and inserting ‘‘subparagraphs (A), (B),
                                                                       19               and (C)’’.
                                                                       20      SEC. 506. AFFORDABLE HEALTH CARE OPTIONS.

                                                                       21               (a) IN GENERAL.—Section 2791(b) of the Public
                                                                       22 Health Service Act (42 U.S.C. 300gg–91(b)) is amended
                                                                       23 by adding at the end the following:




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                                                                       24                        ‘‘(6) SHORT-TERM LIMITED DURATION INSUR-
                                                                       25               ANCE.—The                term ‘short-term, limited duration in-


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                                                                         1              surance’ means insurance covering medical care pro-
                                                                         2              vided pursuant to a contract with an issuer that—
                                                                         3                                 ‘‘(A) has an expiration date specified in
                                                                         4                       the contract that is less than 1 year after the
                                                                         5                       original effective date of the contract and, tak-
                                                                         6                       ing into account renewals or extensions, has a
                                                                         7                       duration of no longer than 3 years in total;
                                                                         8                                 ‘‘(B) may include a renewal guarantee; and
                                                                         9                                 ‘‘(C) with respect to such a contract hav-
                                                                       10                        ing a coverage start date on or after January
                                                                       11                        1, 2019, displays prominently in the contract
                                                                       12                        and in any application materials provided in
                                                                       13                        connection with enrollment in such insurance in
                                                                       14                        at least 14 point type the language in the fol-
                                                                       15                        lowing notice, with any additional information
                                                                       16                        required by applicable State law: ‘This coverage
                                                                       17                        is not required to comply with certain Federal
                                                                       18                        market requirements for health insurance, prin-
                                                                       19                        cipally those contained in the Affordable Care
                                                                       20                        Act. Be sure to check your policy carefully to
                                                                       21                        make sure you are aware of any exclusions or
                                                                       22                        limitations regarding coverage of preexisting
                                                                       23                        conditions or health benefits (such as hos-




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                                                                       24                        pitalization, emergency services, maternity care,
                                                                       25                        preventive care, prescription drugs, and mental


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                                                                         1                       health and substance use disorder services).
                                                                         2                       Your policy might also have lifetime or annual
                                                                         3                       dollar limits on health benefits. If this coverage
                                                                         4                       expires or you lose eligibility for this coverage,
                                                                         5                       you might have to wait until an open enroll-
                                                                         6                       ment period to get other health insurance cov-
                                                                         7                       erage.’.
                                                                         8                       ‘‘(7) RENEWAL                    GUARANTEE.—The                          term ‘re-
                                                                         9              newal guarantee’, with respect to short-term limited
                                                                       10               duration insurance, means a provision in the con-
                                                                       11               tract that permits a policyholder, when purchasing
                                                                       12               the initial insurance contract, to pay an additional
                                                                       13               amount for a guarantee that the policyholder can
                                                                       14               elect to purchase, for periods of time following expi-
                                                                       15               ration of the initial contract, another policy or poli-
                                                                       16               cies at some future date, at a specific premium that
                                                                       17               would not reflect any additional underwriting.’’.
                                                                       18               (b) TREATMENT OF SHORT-TERM LIMITED DURA-
                                                                       19      TION         INSURANCE                  AS    EXCEPTED BENEFIT.—Section
                                                                       20 2791(c)(1) of the Public Health Service Act (42 U.S.C.
                                                                       21 300gg–91(c)(1)) is amended—
                                                                       22                        (1) by redesignating subparagraph (H) as sub-
                                                                       23               paragraph (I); and




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                                                                       24                        (2) by inserting after subparagraph (G) the fol-
                                                                       25               lowing:


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                                                                         1                                 ‘‘(H) Short-term limited duration insur-
                                                                         2                       ance.’’.
                                                                         3              (c) SHORT-TERM HEALTH INSURANCE OPTIONS.—
                                                                         4 Part C of title XXVII of the Public Health Service Act
                                                                         5 (42 U.S.C. 300gg–91 et seq.) is amended—
                                                                         6                       (1) by redesignating section 2794 (42 U.S.C.
                                                                         7              300gg–95) (regarding uniform fraud and abuse re-
                                                                         8              ferral format), as added by section 6603 of the Pa-
                                                                         9              tient Protection and Affordable Care Act (Public
                                                                       10               Law 111–148), as section 2795; and
                                                                       11                        (2) by adding at the end the following:
                                                                       12      ‘‘SEC. 2796. SHORT-TERM HEALTH INSURANCE OPTIONS.

                                                                       13               ‘‘Nothing in this title shall be construed to restrict
                                                                       14 individuals from purchasing insurance covering medical
                                                                       15 care, including short-term limited duration insurance, that
                                                                       16 features renewal guarantees, as defined in section
                                                                       17 2791(b)(6).’’.
                                                                       18      SEC. 507. INCREASING ACCESS TO TAX-FREE CARE.

                                                                       19               (a) HSA PENALTY.—Section 223(e)(4)(A) of the In-
                                                                       20 ternal Revenue Code of 1986 is amended by striking ‘‘20
                                                                       21 percent’’ and inserting ‘‘10 percent’’.
                                                                       22               (b) PAYMENT OF NON-DEPENDENT MEDICAL EX-
                                                                       23      PENSES IN 2020.—




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                                                                         1                       (1) MEDICAL EXPENSES.—Section 223(d)(2) of
                                                                         2              the Internal Revenue Code of 1986 is amended by
                                                                         3              adding at the end the following new subparagraph:
                                                                         4                                 ‘‘(E)        NON-DEPENDENT                         MEDICAL        EX-

                                                                         5                       PENSES IN 2020.—During calendar year 2020,

                                                                         6                       subparagraph (A) shall be applied without re-
                                                                         7                       gard to the requirement that medical care be
                                                                         8                       for the individual, the spouse of such individual,
                                                                         9                       and any dependent (as defined in section 152,
                                                                       10                        determined               without             regard         to       subsections
                                                                       11                        (b)(1), (b)(2), and (d)(1)(B) thereof) of such
                                                                       12                        individual.’’.
                                                                       13                        (2) ROLLOVER.—Section 223(f)(5) of such
                                                                       14               Code is amended by adding at the end the following
                                                                       15               new subparagraph:
                                                                       16                                  ‘‘(C) ROLLOVER GIFTS.—Notwithstanding
                                                                       17                        the preceding provisions of this paragraph, an
                                                                       18                        amount is described in this paragraph as a roll-
                                                                       19                        over contribution in the case of a taxable year
                                                                       20                        beginning in 2020, and paragraph (2) shall not
                                                                       21                        apply to any amount paid or distributed from
                                                                       22                        a health savings account of a beneficiary to a
                                                                       23                        health savings account of an individual (without




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                                                                       24                        regard to whether the individual is such bene-
                                                                       25                        ficiary, the spouse of such beneficiary, or any


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                                                                         1                       dependent (as defined in section 152, deter-
                                                                         2                       mined without regard to subsections (b)(1),
                                                                         3                       (b)(2), and (d)(1)(B) thereof) of such bene-
                                                                         4                       ficiary), to the extent—
                                                                         5                                        ‘‘(i) the amount received is paid into
                                                                         6                                 the health savings account for the benefit
                                                                         7                                 of such individual not later than the 60th
                                                                         8                                 day after the day on which the account
                                                                         9                                 beneficiary receives the payment or dis-
                                                                       10                                  tribution, and
                                                                       11                                         ‘‘(ii) the aggregate amount of such
                                                                       12                                  transfers to all other individuals does not
                                                                       13                                  exceed $2,020 in 2020.’’.
                                                                       14               (c) EFFECTIVE DATE.—The amendments made by
                                                                       15 this section shall apply to taxable years beginning after
                                                                       16 December 31, 2019.
                                                                       17      SEC. 508. ACCESS TO DIRECT MEDICAL CARE.

                                                                       18               (a) TREATMENT OF MEDICAL CARE SERVICE AR-
                                                                       19      RANGEMENTS.—

                                                                       20                        (1) INCLUSION AS MEDICAL EXPENSES.—Para-
                                                                       21               graph (2) of section 223(d) of the Internal Revenue
                                                                       22               Code of 1986, as amended by this Act, is further
                                                                       23               amended by adding at the end the following new




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                                                                       24               subparagraph:




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                                                                         1                                 ‘‘(F) INCLUSION OF MEDICAL CARE SERV-
                                                                         2                       ICE ARRANGEMENTS.—The term ‘qualified med-

                                                                         3                       ical expenses’ shall include—
                                                                         4                                        ‘‘(i) periodic fees paid to a physician
                                                                         5                                 for a defined set of medical services or for
                                                                         6                                 the right to receive medical services on an
                                                                         7                                 as-needed basis, and
                                                                         8                                        ‘‘(ii) amounts prepaid for medical
                                                                         9                                 services designed to screen for, diagnose,
                                                                       10                                  cure, mitigate, treat, or prevent disease
                                                                       11                                  and promote wellness.’’.
                                                                       12                        (2) ARRANGEMENT NOT TO BE TREATED AS
                                                                       13               HEALTH INSURANCE.—Subsection (c) of section 223

                                                                       14               of the Internal Revenue Code of 1986 is amended by
                                                                       15               adding at the end the following new paragraph:
                                                                       16                        ‘‘(6) TREATMENT OF MEDICAL CARE SERVICE
                                                                       17               ARRANGEMENTS.—An arrangement under which an

                                                                       18               individual is provided medical services in exchange
                                                                       19               for a fixed periodic fee or payment for such services
                                                                       20               shall not be treated as a health plan, insurance, or
                                                                       21               arrangement described in paragraph (1).’’.
                                                                       22               (b) PERIODIC PROVIDER FEES TREATED AS MED-
                                                                       23      ICAL CARE.—Section 213(d) of the Internal Revenue Code




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                                                                       24 of 1986 is amended by adding at the end the following
                                                                       25 new paragraph:


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                                                                         1                       ‘‘(12) PERIODIC                     PROVIDER               FEES.—Periodic

                                                                         2              fees paid for a defined set of medical services pro-
                                                                         3              vided on an as-needed basis shall be treated as
                                                                         4              amounts paid for medical care.’’.
                                                                         5              (c) EFFECTIVE DATE.—The amendments made by
                                                                         6 this section shall apply to taxable years beginning after
                                                                         7 December 31, 2019.
                                                                         8              TITLE VI—MISCELLANEOUS
                                                                         9     SEC. 601. PREVENTING DISCRIMINATION AGAINST RELI-

                                                                       10                              GIOUS INDIVIDUALS AND INSTITUTIONS.

                                                                       11               (a) INELIGIBILITY FOR FUNDS.—A State or local ju-
                                                                       12 risdiction shall be ineligible to receive or use funds allo-
                                                                       13 cated, appropriated, or authorized to address COVID–19
                                                                       14 (referred to as ‘‘covered funds’’) if that State or local ju-
                                                                       15 risdiction is committing a violation described in subsection
                                                                       16 (b).
                                                                       17               (b) VIOLATIONS.—A State or local jurisdiction com-
                                                                       18 mits a violation under this subsection if that State or local
                                                                       19 jurisdiction—
                                                                       20                        (1) enforces, or announces the intent to enforce,
                                                                       21               any law, regulation, policy, order, proclamation, or
                                                                       22               decree related to COVID–19 that discriminates
                                                                       23               against religious individuals or religious institutions;




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                                                                       24               or




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                                                                         1                       (2) provides, or shows an intention to provide,
                                                                         2              covered funds to a separate State or local jurisdic-
                                                                         3              tion that is ineligible to receive or use those funds
                                                                         4              because the State or local jurisdiction has committed
                                                                         5              a violation described in paragraph (1).
                                                                         6              (c) DETERMINATION OF INELIGIBILITY.—The Attor-
                                                                         7 ney General shall make a determination of whether a State
                                                                         8 or local jurisdiction is ineligible to receive or use covered
                                                                         9 funds in accordance with subsection (a).
                                                                       10               (d) ENFORCEMENT.—
                                                                       11                        (1) FUNDS NOT YET DISBURSED.—If, before
                                                                       12               the covered funds are disbursed, the Attorney Gen-
                                                                       13               eral determines that a State or local jurisdiction is
                                                                       14               ineligible to receive such funds, the covered funds
                                                                       15               shall not be disbursed until the Attorney General
                                                                       16               certifies that the State or local jurisdiction is no
                                                                       17               longer in violation of subsection (b) and is eligible to
                                                                       18               receive covered funds.
                                                                       19                        (2) FUNDS                ALREADY              DISBURSED.—If,             after
                                                                       20               covered funds have been disbursed, the Attorney
                                                                       21               General determines that a State or local jurisdiction
                                                                       22               was not, or is no longer, eligible to receive those cov-
                                                                       23               ered funds, the applicable Federal agency that would




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                                                                       24               otherwise disburse such covered funds shall identify
                                                                       25               and withhold from the State or local jurisdiction


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                                                                         1              funds otherwise authorized to be allocated to that
                                                                         2              State or local jurisdiction from that Federal agency
                                                                         3              in an amount not to exceed the amount the State or
                                                                         4              local jurisdiction received in covered funds from that
                                                                         5              Federal agency, until the Attorney General certifies
                                                                         6              that the State or local jurisdiction is no longer in
                                                                         7              violation of subsection (b) and is eligible to receive
                                                                         8              such covered funds.
                                                                         9                       (3) FUNDS TRANSFERRED.—If a State or local
                                                                       10               jurisdiction transferred covered funds to another
                                                                       11               State or local jurisdiction that is in violation of sub-
                                                                       12               section (b)(1), the applicable Federal agency shall
                                                                       13               identify and withhold from the State or local juris-
                                                                       14               diction funds otherwise authorized to be allocated to
                                                                       15               that State or local jurisdiction from that Federal
                                                                       16               agency in an amount not to exceed the amount of
                                                                       17               covered funds the State or local jurisdiction trans-
                                                                       18               ferred in violation of subsection (b)(2) that were dis-
                                                                       19               bursed from that Federal agency, until the Attorney
                                                                       20               General certifies that the State or local jurisdiction
                                                                       21               that received transferred covered funds is eligible to
                                                                       22               receive and use those funds, or the covered funds are
                                                                       23               returned from the recipient to the transferring State




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                                                                       24               or local jurisdiction.




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                                                                         1     SEC. 602. RECLAIM ACT.

                                                                         2              (a) SHORT TITLE.—This section may be cited as the
                                                                         3 ‘‘Restitution for Economic losses Caused by Leaders who
                                                                         4 Allow Insurrection and Mayhem Act’’ or the ‘‘RECLAIM
                                                                         5 Act’’.
                                                                         6              (b) FINDINGS.—Congress finds the following:
                                                                         7                       (1) Law enforcement officers are vital to the
                                                                         8              protection and safety of communities.
                                                                         9                       (2) Elected officials and other senior officials
                                                                       10               abuse the public’s trust and endanger their citizens
                                                                       11               when they refuse to provide law enforcement services
                                                                       12               to protect life and property.
                                                                       13                        (3) The right to life, liberty, and property are
                                                                       14               ensured by the Constitution of the United States,
                                                                       15               and the protection of these rights is the duty of the
                                                                       16               Federal, State, and local governments.
                                                                       17                        (4) Many local governments have refused to
                                                                       18               protect the fundamental rights described in para-
                                                                       19               graph (3) by voluntarily standing down law enforce-
                                                                       20               ment officers and allowing roving mobs to destroy
                                                                       21               property and individual livelihoods, including in—
                                                                       22                                  (A) Minneapolis, Minnesota, where unrest
                                                                       23                        and violence destroyed hundreds of buildings
                                                                       24                        and further eroded trust in local law enforce-




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                                                                       25                        ment officers to devastating effect; and


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                                                                         1                                 (B) Portland, Oregon, where a mob set fire
                                                                         2                       to the Multnomah County Justice Center,
                                                                         3                       looted numerous businesses in the downtown
                                                                         4                       area, injured two police officers, and physically
                                                                         5                       assaulted multiple peaceful protestors and other
                                                                         6                       individuals.
                                                                         7                       (5) Other local governments have gone further
                                                                         8              still by recognizing autonomous zones in which law
                                                                         9              enforcement officers are not allowed to operate, in-
                                                                       10               cluding in Seattle, Washington, where the decision of
                                                                       11               the Mayor of Seattle to withdraw law enforcement
                                                                       12               officers from multiple blocks of the City of Seattle
                                                                       13               to create a police free ‘‘autonomous zone’’ led to sig-
                                                                       14               nificant destruction of property, 4 shootings, and the
                                                                       15               murder of 2 young Americans in the zone.
                                                                       16                        (6) Elected officials or other senior officials in
                                                                       17               the State and local governments who refuse to pro-
                                                                       18               tect life and property from the ravages of a riot or
                                                                       19               mob behavior make their communities less safe by
                                                                       20               inviting more crime and violence, and act with willful
                                                                       21               disregard for the safety, comfort, and livelihoods of
                                                                       22               the individuals who they refuse to protect.
                                                                       23                        (7) State and local governments that publicly




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                                                                       24               announce the withdrawal of law enforcement protec-
                                                                       25               tion from individuals or geographical areas so as to


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                                                                                                                             218
                                                                         1              encourage and endorse the political and social view-
                                                                         2              points of protestors or rioters erode the public’s
                                                                         3              trust and fail to provide equal protection of the law.
                                                                         4              (c) CIVIL ACTIONS FOR INJURIES IN LAW ENFORCE-
                                                                         5     MENT FREE ZONES.—Section 1979 of the Revised Stat-

                                                                         6 utes (42 U.S.C. 1983) is amended—
                                                                         7                       (1) by inserting ‘‘(a)’’ before ‘‘Every person’’;
                                                                         8              and
                                                                         9                       (2) by adding at the end the following:
                                                                       10               ‘‘(b)(1) In this subsection—
                                                                       11                        ‘‘(A) the term ‘law enforcement free zone’—
                                                                       12                                  ‘‘(i) means a geographical area or struc-
                                                                       13                        ture that law enforcement officers are lawfully
                                                                       14                        entitled to access but are instructed, demanded,
                                                                       15                        or forced—
                                                                       16                                         ‘‘(I) not to access; or
                                                                       17                                         ‘‘(II) to access only in exceptional cir-
                                                                       18                                  cumstances; and
                                                                       19                                  ‘‘(ii) does not include a geographical area
                                                                       20                        or structure from which law enforcement offi-
                                                                       21                        cers are briefly withheld as a tactical decision
                                                                       22                        intended to resolve safely and expeditiously a
                                                                       23                        specific and ongoing unlawful incident posing




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                                                                       24                        an imminent threat to the safety of individuals
                                                                       25                        or law enforcement officers; and


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                                                                         1                       ‘‘(B) the term ‘riot’ has the meaning given the
                                                                         2              term in section 2102 of title 18, United States Code.
                                                                         3              ‘‘(2) A person with the lawful authority to direct a
                                                                         4 law enforcement agency shall be subject to treble damages
                                                                         5 for a violation of subsection (a) if the violation relates to
                                                                         6 the person’s use of such authority to—
                                                                         7                       ‘‘(A) establish or recognize, whether formally or
                                                                         8              informally, a law enforcement free zone; or
                                                                         9                       ‘‘(B) prohibit law enforcement officers from
                                                                       10               taking law enforcement action related to a riot for
                                                                       11               any reason other than to prevent imminent harm to
                                                                       12               the safety of law enforcement officers.’’.
                                                                       13               (d) LIABILITY                    FOR         LAW-ENFORCEMENT FREE
                                                                       14 ZONES AND STANDING DOWN DURING RIOTING.—
                                                                       15                        (1) DEFINITIONS.—In this subsection:
                                                                       16                                  (A) LAW            ENFORCEMENT FREE ZONE.—

                                                                       17                        The term ‘‘law enforcement free zone’’ has the
                                                                       18                        meaning given the term in subsection (b) of sec-
                                                                       19                        tion 1979 of the Revised Statutes (42 U.S.C.
                                                                       20                        1983), as added by subsection (c) of this sec-
                                                                       21                        tion.
                                                                       22                                  (B) RIOT.—The term ‘‘riot’’ has the mean-
                                                                       23                        ing given the term in section 2102 of title 18,




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                                                                       24                        United States Code.




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                                                                         1                       (2) LIABILITY FOR LAW ENFORCEMENT FREE
                                                                         2              ZONES.—

                                                                         3                                 (A) IN GENERAL.—A person with the law-
                                                                         4                       ful authority to direct a law enforcement agency
                                                                         5                       shall be liable to any person who suffers severe
                                                                         6                       physical injury or death as the result of a third
                                                                         7                       party’s criminal conduct or whose property is
                                                                         8                       substantially damaged or destroyed as the re-
                                                                         9                       sult of a third party’s criminal conduct if—
                                                                       10                                         (i) the person directed the law en-
                                                                       11                                  forcement agency to establish or recognize,
                                                                       12                                  whether formally or informally, a law en-
                                                                       13                                  forcement free zone;
                                                                       14                                         (ii) the criminal conduct and associ-
                                                                       15                                  ated harm was foreseeable and occurred in
                                                                       16                                  the law enforcement free zone;
                                                                       17                                         (iii) the law enforcement free zone
                                                                       18                                  created an opportunity that otherwise
                                                                       19                                  would not have existed for the third party’s
                                                                       20                                  crime to occur; and
                                                                       21                                         (iv) the criminal conduct affected
                                                                       22                                  interstate commerce as described in sub-
                                                                       23                                  paragraph (B).




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                                                                       24                                  (B)         AFFECTING                    INTERSTATE            COM-

                                                                       25                        MERCE.—For                  purposes of subparagraph (A),


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                                                                                                                             221
                                                                         1                       criminal conduct shall be considered to have af-
                                                                         2                       fected interstate commerce if—
                                                                         3                                        (i) the person injured by the criminal
                                                                         4                                 conduct traveled in interstate or foreign
                                                                         5                                 commerce with the intent to enter the law
                                                                         6                                 enforcement free zone;
                                                                         7                                        (ii) the criminal conduct is a violation
                                                                         8                                 of a Federal criminal law;
                                                                         9                                        (iii) the person who committed the
                                                                       10                                  criminal conduct traveled in interstate or
                                                                       11                                  foreign commerce, or used any facility of
                                                                       12                                  interstate or foreign commerce, with intent
                                                                       13                                  to commit the crime; or
                                                                       14                                         (iv) the property damaged or de-
                                                                       15                                  stroyed by the criminal conduct is used in
                                                                       16                                  or affecting interstate or foreign com-
                                                                       17                                  merce.
                                                                       18                        (3) LIABILITY FOR STANDING DOWN DURING
                                                                       19               RIOTS.—A person with the lawful authority to direct

                                                                       20               a law enforcement agency who uses that authority to
                                                                       21               prohibit law enforcement officers from taking law
                                                                       22               enforcement action that would prevent or materially
                                                                       23               mitigate significant physical injury or death or dam-




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                                                                       24               age or destruction of property caused by or related
                                                                       25               to a riot for any reason other than to prevent immi-


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                                                                                                                             222
                                                                         1              nent harm to the safety of law enforcement officers
                                                                         2              shall be liable to any person who subsequently suf-
                                                                         3              fers significant physical injury or death or whose
                                                                         4              property is subsequently destroyed or damaged as
                                                                         5              the result of a third party’s criminal conduct, if—
                                                                         6                                 (A) the person injured traveled in inter-
                                                                         7                       state or foreign commerce with the intent to
                                                                         8                       enter the law enforcement free zone;
                                                                         9                                 (B) the injury was caused by an act that
                                                                       10                        is a violation of a Federal criminal law;
                                                                       11                                  (C) the person who caused the injury trav-
                                                                       12                        eled in interstate or foreign commerce, or used
                                                                       13                        any facility of interstate or foreign commerce,
                                                                       14                        with intent to commit the criminal conduct; or
                                                                       15                                  (D) the property damaged or destroyed is
                                                                       16                        used in or affecting interstate or foreign com-
                                                                       17                        merce.
                                                                       18               (e) ELIGIBILITY FOR LAW ENFORCEMENT GRANTS
                                                                       19      AND EMERGENCY AND DISASTER FUNDING.—

                                                                       20                        (1) BYRNE GRANT PROGRAM.—Section 501 of
                                                                       21               title I of the Omnibus Crime Control and Safe
                                                                       22               Streets Act of 1968 (34 U.S.C. 10152) is amended
                                                                       23               by adding at the end the following:




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                                                                       24               ‘‘(h) PROTECTION                      OF       INDIVIDUALS                  AND   PROP-
                                                                       25      ERTY.—



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                                                                         1                       ‘‘(1) DEFINITIONS.—In this subsection—
                                                                         2                                 ‘‘(A) the term ‘law enforcement free zone’
                                                                         3                       has the meaning given the term in section
                                                                         4                       1979(b) of the Revised Statutes (42 U.S.C.
                                                                         5                       1983(b)); and
                                                                         6                                 ‘‘(B) the term ‘riot’ has the meaning given
                                                                         7                       the term in section 2102 of title 18, United
                                                                         8                       States Code.
                                                                         9                       ‘‘(2) REQUIRED PROTECTION OF INDIVIDUALS
                                                                       10               AND PROPERTY.—Beginning in the first fiscal year

                                                                       11               after the date of enactment of the RECLAIM Act,
                                                                       12               a State or unit of local government that receives a
                                                                       13               grant under this part shall take all reasonable steps
                                                                       14               to protect individuals from physical injury and prop-
                                                                       15               erty from depredation caused by unlawful acts with-
                                                                       16               in the jurisdiction of the State or unit of local gov-
                                                                       17               ernment, as the case may be.
                                                                       18                        ‘‘(3) FAILURE TO PROTECT DESCRIBED.—For
                                                                       19               purposes of paragraph (2), a State or unit of local
                                                                       20               government shall be considered to have failed to take
                                                                       21               all reasonable steps to protect individuals from phys-
                                                                       22               ical injury and property from depredation only if—
                                                                       23                                  ‘‘(A) a senior official, governing body, or




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                                                                       24                        policy from the State or unit of local govern-
                                                                       25                        ment prohibits, or prohibited during the rel-


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                                                                                                                             224
                                                                         1                       evant fiscal year, law enforcement officers from
                                                                         2                       taking law enforcement action that would pre-
                                                                         3                       vent or materially mitigate physical injury or
                                                                         4                       property depredation caused by or related to a
                                                                         5                       riot for any reason other than to prevent immi-
                                                                         6                       nent harm to the safety of law enforcement offi-
                                                                         7                       cers;
                                                                         8                                 ‘‘(B) a senior official, governing body, or
                                                                         9                       policy from the State or unit of local govern-
                                                                       10                        ment established or recognized during the rel-
                                                                       11                        evant fiscal year, whether formally or infor-
                                                                       12                        mally, a law enforcement free zone for any rea-
                                                                       13                        son other than to prevent imminent harm to the
                                                                       14                        safety of law enforcement officers;
                                                                       15                                  ‘‘(C) the State or unit of local government
                                                                       16                        has a custom or policy not to prosecute an indi-
                                                                       17                        vidual who engages in unlawful activity as part
                                                                       18                        of a riot; or
                                                                       19                                  ‘‘(D) the State or unit of local government
                                                                       20                        declines to prosecute an individual who engages
                                                                       21                        in unlawful activity as part of a riot because
                                                                       22                        the unlawful activity is related to or associated
                                                                       23                        with expression of speech protected by the First




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                                                                       24                        Amendment to the Constitution of the United
                                                                       25                        States.


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                                                                         1                       ‘‘(4) PENALTY FOR NONCOMPLIANCE.—If the
                                                                         2              Attorney General determines that a State or unit of
                                                                         3              local government has failed to comply with this sub-
                                                                         4              section, the Attorney General may reduce the
                                                                         5              amount of the award for the State or unit of local
                                                                         6              government under this part for the fiscal year fol-
                                                                         7              lowing the determination by, the greater of—
                                                                         8                                 ‘‘(A) 25 percent; or
                                                                         9                                 ‘‘(B) an amount equal to twice the mone-
                                                                       10                        tary value of the property damaged and the
                                                                       11                        personal injury caused by the failure of the
                                                                       12                        State or unit of local government to take rea-
                                                                       13                        sonable steps to protect against the damage and
                                                                       14                        injury.’’.
                                                                       15                        (2) COPS GRANT PROGRAM.—Section 1701 of
                                                                       16               title I of the Omnibus Crime Control and Safe
                                                                       17               Streets Act of 1968 (34 U.S.C. 10381) is amended
                                                                       18               by adding at the end the following:
                                                                       19               ‘‘(n) PROTECTION                      OF       INDIVIDUALS                  AND   PROP-
                                                                       20      ERTY.—

                                                                       21                        ‘‘(1) DEFINITIONS.—In this subsection—
                                                                       22                                  ‘‘(A) the term ‘law enforcement free zone’
                                                                       23                        has the meaning given the term in section




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                                                                       24                        1979(b) of the Revised Statutes (42 U.S.C.
                                                                       25                        1983(b)); and


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                                                                         1                                 ‘‘(B) the term ‘riot’ has the meaning given
                                                                         2                       the term in section 2102 of title 18, United
                                                                         3                       States Code.
                                                                         4                       ‘‘(2) REQUIRED PROTECTION OF INDIVIDUALS
                                                                         5              AND PROPERTY.—Beginning in the first fiscal year

                                                                         6              after the date of enactment of the RECLAIM Act,
                                                                         7              a State or unit of local government that receives a
                                                                         8              grant under this section shall take all reasonable
                                                                         9              steps to protect individuals from physical injury and
                                                                       10               property from depredation caused by unlawful acts
                                                                       11               within the jurisdiction of the State or unit of local
                                                                       12               government, as the case may be.
                                                                       13                        ‘‘(3) FAILURE TO PROTECT DESCRIBED.—For
                                                                       14               purposes of paragraph (2), a State or unit of local
                                                                       15               government shall be considered to have failed to take
                                                                       16               all reasonable steps to protect individuals from phys-
                                                                       17               ical injury and property from depredation only if—
                                                                       18                                  ‘‘(A) a senior official, governing body, or
                                                                       19                        policy from the State or unit of local govern-
                                                                       20                        ment prohibits, or prohibited during the rel-
                                                                       21                        evant fiscal year, law enforcement officers from
                                                                       22                        taking law enforcement action that would pre-
                                                                       23                        vent or materially mitigate physical injury or




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                                                                       24                        property depredation caused by or related to a
                                                                       25                        riot for any reason other than to prevent immi-


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                                                                                                                             227
                                                                         1                       nent harm to the safety of law enforcement offi-
                                                                         2                       cers;
                                                                         3                                 ‘‘(B) a senior official, governing body, or
                                                                         4                       policy from the State or unit of local govern-
                                                                         5                       ment established or recognized during the rel-
                                                                         6                       evant fiscal year, whether formally or infor-
                                                                         7                       mally, a law enforcement free zone for any rea-
                                                                         8                       son other than to prevent imminent harm to the
                                                                         9                       safety of law enforcement officers;
                                                                       10                                  ‘‘(C) the State or unit of local government
                                                                       11                        has a custom or policy not to prosecute an indi-
                                                                       12                        vidual who engages in unlawful activity as part
                                                                       13                        of a riot; or
                                                                       14                                  ‘‘(D) the State or unit of local government
                                                                       15                        declines to prosecute an individual who engages
                                                                       16                        in unlawful activity as part of a riot because
                                                                       17                        the unlawful activity is related to or associated
                                                                       18                        with expression of speech protected by the First
                                                                       19                        Amendment to the Constitution of the United
                                                                       20                        States.
                                                                       21                        ‘‘(4) PENALTY FOR NONCOMPLIANCE.—If the
                                                                       22               Attorney General determines that a State or unit of
                                                                       23               local government has failed to comply with this sub-




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                                                                       24               section, the Attorney General may reduce the
                                                                       25               amount of the award for the State or unit of local


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                                                                         1              government under this section for the fiscal year fol-
                                                                         2              lowing the determination by, the greater of—
                                                                         3                                 ‘‘(A) 25 percent; or
                                                                         4                                 ‘‘(B) an amount equal to twice the mone-
                                                                         5                       tary value of the property damaged and the
                                                                         6                       personal injury caused by the failure of the
                                                                         7                       State or unit of local government to take rea-
                                                                         8                       sonable steps to protect against the damage and
                                                                         9                       injury.’’.
                                                                       10                        (3) EMERGENCY ASSISTANCE.—Title VII of the
                                                                       11               Robert T. Stafford Disaster Relief and Emergency
                                                                       12               Assistance Act (42 U.S.C. 5201 et seq.) is amended
                                                                       13               by adding at the end the following:
                                                                       14      ‘‘SEC. 707. LIMITATION ON FUNDING ELIGIBILITY.

                                                                       15               ‘‘(a) DEFINITIONS.—In this section—
                                                                       16                        ‘‘(1) the term ‘law enforcement free zone’ has
                                                                       17               the meaning given the term in section 1979(b) of
                                                                       18               the Revised Statutes (42 U.S.C. 1983(b)); and
                                                                       19                        ‘‘(2) the term ‘riot’ has the meaning given the
                                                                       20               term in section 2102 of title 18, United States Code.
                                                                       21               ‘‘(b) REQUIRED PROTECTION OF INDIVIDUALS AND
                                                                       22 PROPERTY.—A State or unit of local government shall not
                                                                       23 be eligible for any major disaster assistance under title




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                                                                       24 IV or emergency assistance under title V under a major
                                                                       25 disaster or emergency declaration, respectively, relating to


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                                                                                                                             229
                                                                         1 a riot or other civil unrest within the jurisdiction unless
                                                                         2 the State or unit of local government takes all reasonable
                                                                         3 steps to protect individuals from physical injury and prop-
                                                                         4 erty from depredation caused by unlawful acts occurring
                                                                         5 as part of the riot or unrest within the jurisdiction of the
                                                                         6 State or unit of local government, as the case may be.
                                                                         7              ‘‘(c) FAILURE TO PROTECT DESCRIBED.—For pur-
                                                                         8 poses of subsection (b), a State or unit of local government
                                                                         9 shall be considered to have failed to take all reasonable
                                                                       10 steps to protect individuals from physical injury and prop-
                                                                       11 erty from depredation only if—
                                                                       12                        ‘‘(1) a senior official, governing body, or policy
                                                                       13               from the State or unit of local government prohibits
                                                                       14               law enforcement officers from taking law enforce-
                                                                       15               ment action that would prevent or materially miti-
                                                                       16               gate physical injury or property depredation caused
                                                                       17               by or related to a riot for any reason other than to
                                                                       18               prevent imminent harm to the safety of law enforce-
                                                                       19               ment officers;
                                                                       20                        ‘‘(2) a senior official, governing body, or policy
                                                                       21               from the State or unit of local government estab-
                                                                       22               lished or recognized, whether formally or informally,
                                                                       23               a law enforcement free zone for any reason other




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                                                                       24               than to prevent imminent harm to the safety of law
                                                                       25               enforcement officers;


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                                                                         1                       ‘‘(3) the State or unit of local government has
                                                                         2              a custom or policy not to prosecute an individual
                                                                         3              who engages in unlawful activity as part of a riot;
                                                                         4              or
                                                                         5                       ‘‘(4) the State or unit of local government de-
                                                                         6              clines to prosecute an individual who engages in un-
                                                                         7              lawful activity as part of a riot because the unlawful
                                                                         8              activity is related to or associated with expression of
                                                                         9              speech protected by the First Amendment to the
                                                                       10               Constitution of the United States.
                                                                       11               ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
                                                                       12 tion shall be construed to limit the eligibility of an indi-
                                                                       13 vidual or private entity to receive major disaster assistance
                                                                       14 under title IV or emergency assistance under title V.’’.
                                                                       15      SEC. 603. ABOVE-THE-LINE DEDUCTION FOR CHARITABLE

                                                                       16                              CONTRIBUTIONS                      FOR         INDIVIDUALS         NOT

                                                                       17                              ITEMIZING DEDUCTIONS.

                                                                       18               (a) IN GENERAL.—Paragraph (22) of section 62(a)
                                                                       19 of the Internal Revenue Code of 1986 is amended to read
                                                                       20 as follows:
                                                                       21                        ‘‘(22) CHARITABLE CONTRIBUTIONS FOR INDI-
                                                                       22               VIDUALS NOT ITEMIZING DEDUCTIONS.—

                                                                       23                                  ‘‘(A) IN GENERAL.—In the case of an indi-




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                                                                       24                        vidual who does not elect to itemize deductions
                                                                       25                        for the taxable year, the deduction allowed by


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                                                                         1                       section 170 with respect to charitable contribu-
                                                                         2                       tions (as defined in section 170(c)) made dur-
                                                                         3                       ing the period beginning on January 1, 2020,
                                                                         4                       and ending on December 31, 2021.
                                                                         5                                 ‘‘(B)        LIMITATION.—The                           deduction   to
                                                                         6                       which subparagraph (A) applies for any taxable
                                                                         7                       year shall not exceed an amount equal to 1⁄3 of
                                                                         8                       the amount of the standard deduction with re-
                                                                         9                       spect to such individual for such taxable year.’’.
                                                                       10               (b) CONFORMING AMENDMENT.—Section 62 of the
                                                                       11 Internal Revenue Code of 1986 is amended by striking
                                                                       12 subsection (f).
                                                                       13               (c) EFFECTIVE DATE.—The amendments made by
                                                                       14 this section shall apply to charitable contributions (as de-
                                                                       15 fined in section 170(c) of the Internal Revenue Code of
                                                                       16 1986) made after December 31, 2018.
                                                                       17      SEC. 604. SUNSET OF CARES ACT SPENDING.

                                                                       18               (a) IN GENERAL.—The CARES Act (Public Law
                                                                       19 116–136) is amended—
                                                                       20                        (1) in division A—
                                                                       21                                  (A)         in    section           1107(a)             (15    U.S.C.
                                                                       22                        9006(a))—
                                                                       23                                          (i) in the matter preceding paragraph




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                                                                       24                                  (1), by striking ‘‘September 30, 2021’’ and
                                                                       25                                  inserting ‘‘December 31, 2020’’; and


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                                                                         1                                        (ii) in paragraph (3), by striking ‘‘, to
                                                                         2                                 remain           available           until        September       30,
                                                                         3                                 2024,’’;
                                                                         4                                 (B)         in    section            2110(g)            (15    U.S.C.
                                                                         5                       9028(g)), by striking ‘‘without fiscal year limi-
                                                                         6                       tation’’ and inserting ‘‘until December 31,
                                                                         7                       2020’’;
                                                                         8                                 (C) in section 2115 (15 U.S.C. 9031), by
                                                                         9                       striking ‘‘without fiscal year limitation’’ and in-
                                                                       10                        serting ‘‘until December 31, 2020’’;
                                                                       11                                  (D) in section 2201(f), by striking ‘‘Sep-
                                                                       12                        tember 30, 2021’’ each place it appears and in-
                                                                       13                        serting ‘‘December 31, 2020’’;
                                                                       14                                  (E) in section 3514(b) (42 U.S.C. 12501
                                                                       15                        note), by striking ‘‘for the fiscal year ending
                                                                       16                        September 30, 2021’’ and inserting ‘‘until De-
                                                                       17                        cember 31, 2020’’;
                                                                       18                                  (F) in section 4018(g)(2) (15 U.S.C.
                                                                       19                        9053(g)(2)), by striking ‘‘until expended’’ and
                                                                       20                        inserting ‘‘until December 31, 2020’’; and
                                                                       21                                  (G) in section 4027 (15 U.S.C. 9061)—
                                                                       22                                         (i) in subsection (a), by inserting ‘‘, to
                                                                       23                                  remain available until December 31, 2020’’




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                                                                       24                                  before the period at the end; and




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                                                                                                                             233
                                                                         1                                        (ii) by striking subsection (c) and in-
                                                                         2                                 serting the following:
                                                                         3                       ‘‘(3) AVAILABILITY.—Amounts made available
                                                                         4              under section 4003(b) shall remain available until
                                                                         5              December 31, 2020.’’; and
                                                                         6                       (2) in division B—
                                                                         7                                 (A) by striking ‘‘available until expended’’
                                                                         8                       each place it appears except in the matter
                                                                         9                       under the heading ‘‘SALARIES AND EXPENSES’’
                                                                       10                        under          the        heading            ‘‘HOUSE                OF       REP-
                                                                       11                        RESENTATIVES’’ in title IX and inserting
                                                                       12                        ‘‘available until December 31, 2020’’;
                                                                       13                                  (B) by striking ‘‘available until September
                                                                       14                        30, 2021’’ each place it appears and inserting
                                                                       15                        ‘‘available until December 31, 2020’’;
                                                                       16                                  (C) by striking ‘‘available through Sep-
                                                                       17                        tember 30, 2021’’ each place it appears and in-
                                                                       18                        serting ‘‘available until December 31, 2020’’;
                                                                       19                                  (D) by striking ‘‘available until September
                                                                       20                        30, 2022’’ each place it appears except in the
                                                                       21                        matter under the heading ‘‘HOUSING OPPORTU-
                                                                       22                        NITIES FOR PERSONS WITH AIDS’’                                           under the
                                                                       23                        heading ‘‘COMMUNITY PLANNING AND DEVEL-




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                                                                       24                        OPMENT’’ under the heading ‘‘DEPARTMENT

                                                                       25                        OF HOUSING AND URBAN DEVELOP-


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                                                                                                                             234
                                                                         1                       MENT’’ in title XII and inserting ‘‘available
                                                                         2                       until December 31, 2020’’;
                                                                         3                                 (E) by striking ‘‘available until September
                                                                         4                       30, 2024’’ each place it appears and inserting
                                                                         5                       ‘‘available until December 31, 2020’’;
                                                                         6                                 (F) in title III—
                                                                         7                                        (i) in the matter under the heading
                                                                         8                                 ‘‘DEFENSE HEALTH PROGRAM’’ under the
                                                                         9                                 heading ‘‘OTHER DEPARTMENT OF
                                                                       10                                  DEFENSE PROGRAMS’’, by striking
                                                                       11                                  ‘‘available for obligation until September
                                                                       12                                  30, 2021’’ and inserting ‘‘available until
                                                                       13                                  December 31, 2020’’; and
                                                                       14                                         (ii) in section 13002, by striking
                                                                       15                                  ‘‘available for obligation until September
                                                                       16                                  30, 2021’’ and inserting ‘‘available until
                                                                       17                                  December 31, 2020’’;
                                                                       18                                  (G) in title VIII—
                                                                       19                                         (i) by striking ‘‘available through Sep-
                                                                       20                                  tember 30, 2022’’ each place it appears
                                                                       21                                  and inserting ‘‘available until December
                                                                       22                                  31, 2020’’; and
                                                                       23                                         (ii) in the matter under the heading




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                                                                       24                                  ‘‘PROGRAM MANAGEMENT’’ under the head-
                                                                       25                                  ing ‘‘CENTERS FOR MEDICARE & MED-


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                                                                                                                             235
                                                                         1                                 ICAID SERVICES’’ under the heading ‘‘DE-

                                                                         2                                 PARTMENT                      OF            HEALTH             AND
                                                                         3                                 HUMAN SERVICES’’, by striking ‘‘avail-
                                                                         4                                 able through September 30, 2023’’ and in-
                                                                         5                                 serting ‘‘available until December 31,
                                                                         6                                 2020’’;
                                                                         7                                 (H) in the matter under the heading ‘‘SAL-
                                                                         8                       ARIES         AND        EXPENSES’’ under the heading
                                                                         9                       ‘‘HOUSE OF REPRESENTATIVES’’ in title
                                                                       10                        IX, by striking ‘‘except that $5,000,000 shall
                                                                       11                        remain available until expended,’’; and
                                                                       12                                  (I) in title XII—
                                                                       13                                         (i) by striking ‘‘available until Sep-
                                                                       14                                  tember 30, 2023’’ each place it appears
                                                                       15                                  and inserting ‘‘available until December
                                                                       16                                  31, 2020’’; and
                                                                       17                                         (ii) in the matter under the heading
                                                                       18                                  ‘‘HOUSING OPPORTUNITIES FOR PERSONS
                                                                       19                                  WITH AIDS’’ under the heading ‘‘COMMU-

                                                                       20                                  NITY        PLANNING                 AND         DEVELOPMENT’’
                                                                       21                                  under the heading ‘‘DEPARTMENT OF
                                                                       22                                  HOUSING AND URBAN DEVELOP-
                                                                       23                                  MENT’’, by striking ‘‘except that amounts




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                                                                       24                                  allocated pursuant to section 854(c)(5) of




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                                                                                                                             236
                                                                         1                                 such Act shall remain available until Sep-
                                                                         2                                 tember 30, 2022,’’.
                                                                         3              (b) OTHER LAWS AMENDED BY THE CARES ACT.—
                                                                         4                       (1) Section 2(a)(5)(B) of the Railroad Unem-
                                                                         5              ployment Insurance Act (45 U.S.C. 352(a)(5)(B)) is
                                                                         6              amended by striking ‘‘until expended’’ and inserting
                                                                         7              ‘‘until December 31, 2020’’.
                                                                         8                       (2) Section 330(r)(6) of the Public Health
                                                                         9              Service Act (42 U.S.C. 254b(r)(6)) is amended by
                                                                       10               inserting ‘‘, to remain available until December 31,
                                                                       11               2020,’’ after ‘‘for fiscal year 2020’’.
                                                                       12                        (3) Section 744M(f)(1) of the Federal Food,
                                                                       13               Drug, and Cosmetic Act (21 U.S.C. 379j–72(f)(1))
                                                                       14               is amended in the second sentence by striking ‘‘until
                                                                       15               expended’’ and inserting ‘‘until December 31,
                                                                       16               2020’’.
                                                                       17                        (4) Section 601(f)(3) of the Social Security Act
                                                                       18               (42 U.S.C. 801(f)(3)) is amended by striking ‘‘until
                                                                       19               expended’’ and inserting ‘‘until December 31,
                                                                       20               2020’’.
                                                                       21               (c) SAVINGS PROVISION.—Notwithstanding any pro-
                                                                       22 vision of the CARES Act (Public Law 116–136), or an
                                                                       23 amendment made by that Act, any amounts made avail-




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                                                                       24 able under such Act or an amendment made by such Act
                                                                       25 shall remain available until the earlier of—


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                                                                                                                             237
                                                                         1                       (1) the date specified in such Act or the amend-
                                                                         2              ment made by such Act; or
                                                                         3                       (2) December 31, 2020.
                                                                         4     SEC. 605. SUNSET OF PROGRAMS AND FACILITIES OF THE

                                                                         5                             FEDERAL RESERVE.

                                                                         6              On December 31, 2020, the following programs or
                                                                         7 facilities shall terminate:
                                                                         8                       (1) The Municipal Liquidity Facility.
                                                                         9                       (2) The Main Street Lending Program.
                                                                       10                        (3) The Commercial Paper Funding Facility.
                                                                       11                        (4) The Primary Dealer Credit Facility.
                                                                       12                        (5) The Money Market Mutual Fund Liquidity
                                                                       13               Facility.
                                                                       14                        (6) The Primary Market Corporate Credit Fa-
                                                                       15               cility.
                                                                       16                        (7) The Secondary Market Corporate Credit
                                                                       17               Facility.
                                                                       18                        (8) The Term Asset-Backed Securities Loan
                                                                       19               Facility.
                                                                       20                        (9) The Paycheck Protection Program Liquidity
                                                                       21               Facility.
                                                                       22                        (10) The Central Bank Liquidity Swaps.
                                                                       23                        (11) The Temporary Foreign International




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                                                                       24               Monetary Authorities Repo Facility.
                                                                                                                                  Æ

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