[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 454 Engrossed in House (EH)]


H. Res. 454

                 In the House of Representatives, U.S.,

                                                    September 21, 2005.
    Resolved, That, upon the adoption of this resolution, the House shall be 
considered to have taken from the Speaker's table the bill H.R. 3768, with the 
Senate amendment thereto, and to have concurred in the Senate amendment to the 
bill with the following amendment:
    In lieu of the matter proposed to be inserted by the amendment of the Senate 
to the bill, insert the following:

SECTION 1. SHORT TITLE, ETC.

    (a) Short Title.--This Act may be cited as the ``Katrina Emergency 
Tax Relief Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title, etc.
Sec. 2. Hurricane Katrina disaster area.
TITLE I--SPECIAL RULES FOR USE OF RETIREMENT FUNDS FOR RELIEF RELATING 
                          TO HURRICANE KATRINA

Sec. 101. Tax-favored withdrawals from retirement plans for relief 
                            relating to Hurricane Katrina.
Sec. 102. Recontributions of withdrawals for home purchases cancelled 
                            due to Hurricane Katrina.
Sec. 103. Loans from qualified plans for relief relating to Hurricane 
                            Katrina.
Sec. 104. Provisions relating to plan amendments.
                      TITLE II--EMPLOYMENT RELIEF

Sec. 201. Work opportunity tax credit for Hurricane Katrina employees.
Sec. 202. Employee retention credit for employers affected by Hurricane 
                            Katrina.
                TITLE III--CHARITABLE GIVING INCENTIVES

Sec. 301. Temporary suspension of limitations on charitable 
                            contributions.
Sec. 302. Additional exemption for housing Hurricane Katrina displaced 
                            individuals.
Sec. 303. Increase in standard mileage rate for charitable use of 
                            vehicles.
Sec. 304. Mileage reimbursements to charitable volunteers excluded from 
                            gross income.
Sec. 305. Charitable deduction for contributions of food inventory.
Sec. 306. Charitable deduction for contributions of book inventories to 
                            public schools.
               TITLE IV--ADDITIONAL TAX RELIEF PROVISIONS

Sec. 401. Exclusions of certain cancellations of indebtedness by reason 
                            of Hurricane Katrina.
Sec. 402. Suspension of certain limitations on personal casualty 
                            losses.
Sec. 403. Required exercise of authority under section 7508A for tax 
                            relief relating to Hurricane Katrina.
Sec. 404. Special rules for mortgage revenue bonds.
Sec. 405. Extension of replacement period for nonrecognition of gain 
                            for property located in Hurricane Katrina 
                            disaster area.
Sec. 406. Special rule for determining earned income.
Sec. 407. Secretarial authority to make adjustments regarding taxpayer 
                            and dependency status.
                     TITLE V--EMERGENCY REQUIREMENT

Sec. 501. Emergency requirement.

SEC. 2. HURRICANE KATRINA DISASTER AREA.

    For purposes of this Act--
            (1) Hurricane katrina disaster area.--The term ``Hurricane 
        Katrina disaster area'' means an area with respect to which a 
        major disaster has been declared by the President before 
        September 14, 2005, under section 401 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act by reason of 
        Hurricane Katrina.
            (2) Core disaster area.--The term ``core disaster area'' 
        means that portion of the Hurricane Katrina disaster area 
        determined by the President to warrant individual or individual 
        and public assistance from the Federal Government under such 
        Act.

TITLE I--SPECIAL RULES FOR USE OF RETIREMENT FUNDS FOR RELIEF RELATING 
                          TO HURRICANE KATRINA

SEC. 101. TAX-FAVORED WITHDRAWALS FROM RETIREMENT PLANS FOR RELIEF 
              RELATING TO HURRICANE KATRINA.

    (a) In General.--Section 72(t) of the Internal Revenue Code of 1986 
shall not apply to any qualified Hurricane Katrina distribution.
    (b) Aggregate Dollar Limitation.--
            (1) In general.--For purposes of this section, the 
        aggregate amount of distributions received by an individual 
        which may be treated as qualified Hurricane Katrina 
        distributions for any taxable year shall not exceed the excess 
        (if any) of--
                    (A) $100,000, over
                    (B) the aggregate amounts treated as qualified 
                Hurricane Katrina distributions received by such 
                individual for all prior taxable years.
            (2) Treatment of plan distributions.--If a distribution to 
        an individual would (without regard to paragraph (1)) be a 
        qualified Hurricane Katrina distribution, a plan shall not be 
        treated as violating any requirement of the Internal Revenue 
        Code of 1986 merely because the plan treats such distribution 
        as a qualified Hurricane Katrina distribution, unless the 
        aggregate amount of such distributions from all plans 
        maintained by the employer (and any member of any controlled 
        group which includes the employer) to such individual exceeds 
        $100,000.
            (3) Controlled group.--For purposes of paragraph (2), the 
        term ``controlled group'' means any group treated as a single 
        employer under subsection (b), (c), (m), or (o) of section 414 
        of such Code.
    (c) Amount Distributed May Be Repaid.--
            (1) In general.--Any individual who receives a qualified 
        Hurricane Katrina distribution may, at any time during the 3-
        year period beginning on the day after the date on which such 
        distribution was received, make one or more contributions in an 
        aggregate amount not to exceed the amount of such distribution 
        to an eligible retirement plan of which such individual is a 
        beneficiary and to which a rollover contribution of such 
        distribution could be made under section 402(c), 403(a)(4), 
        403(b)(8), 408(d)(3), or 457(e)(16) of such Code, as the case 
        may be.
            (2) Treatment of repayments of distributions from eligible 
        retirement plans other than iras.--For purposes of such Code, 
        if a contribution is made pursuant to paragraph (1) with 
        respect to a qualified Hurricane Katrina distribution from an 
        eligible retirement plan other than an individual retirement 
        plan, then the taxpayer shall, to the extent of the amount of 
        the contribution, be treated as having received the qualified 
        Hurricane Katrina distribution in an eligible rollover 
        distribution (as defined in section 402(c)(4) of such Code) and 
        as having transferred the amount to the eligible retirement 
        plan in a direct trustee to trustee transfer within 60 days of 
        the distribution.
            (3) Treatment of repayments for distributions from iras.--
        For purposes of such Code, if a contribution is made pursuant 
        to paragraph (1) with respect to a qualified Hurricane Katrina 
        distribution from an individual retirement plan (as defined by 
        section 7701(a)(37) of such Code), then, to the extent of the 
        amount of the contribution, the qualified Hurricane Katrina 
        distribution shall be treated as a distribution described in 
        section 408(d)(3) of such Code and as having been transferred 
        to the eligible retirement plan in a direct trustee to trustee 
        transfer within 60 days of the distribution.
    (d) Definitions.--For purposes of this section--
            (1) Qualified hurricane katrina distribution.--Except as 
        provided in subsection (b), the term ``qualified Hurricane 
        Katrina distribution'' means any distribution from an eligible 
        retirement plan made on or after August 25, 2005, and before 
        January 1, 2007, to an individual whose principal place of 
        abode on August 28, 2005, is located in the Hurricane Katrina 
        disaster area and who has sustained an economic loss by reason 
        of Hurricane Katrina.
            (2) Eligible retirement plan.--The term ``eligible 
        retirement plan'' shall have the meaning given such term by 
        section 402(c)(8)(B) of such Code.
    (e) Income Inclusion Spread Over 3 Year Period for Qualified 
Hurricane Katrina Distributions.--
            (1) In general.--In the case of any qualified Hurricane 
        Katrina distribution, unless the taxpayer elects not to have 
        this subsection apply for any taxable year, any amount required 
        to be included in gross income for such taxable year shall be 
        so included ratably over the 3-taxable year period beginning 
        with such taxable year.
            (2) Special rule.--For purposes of paragraph (1), rules 
        similar to the rules of subparagraph (E) of section 408A(d)(3) 
        of such Code shall apply.
    (f) Special Rules.--
            (1) Exemption of distributions from trustee to trustee 
        transfer and withholding rules.--For purposes of sections 
        401(a)(31), 402(f), and 3405 of such Code, qualified Hurricane 
        Katrina distributions shall not be treated as eligible rollover 
        distributions.
            (2) Qualified hurricane katrina distributions treated as 
        meeting plan distribution requirements.--For purposes of such 
        Code, a qualified Hurricane Katrina distribution shall be 
        treated as meeting the requirements of sections 
        401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A) 
        of such Code.

SEC. 102. RECONTRIBUTIONS OF WITHDRAWALS FOR HOME PURCHASES CANCELLED 
              DUE TO HURRICANE KATRINA.

    (a) Recontributions.--
            (1) In general.--Any individual who received a qualified 
        distribution may, during the period beginning on August 25, 
        2005, and ending on February 28, 2006, make one or more 
        contributions in an aggregate amount not to exceed the amount 
        of such qualified distribution to an eligible retirement plan 
        (as defined in section 402(c)(8)(B) of the Internal Revenue 
        Code of 1986) of which such individual is a beneficiary and to 
        which a rollover contribution of such distribution could be 
        made under section 402(c), 403(a)(4), 403(b)(8), or 408(d)(3) 
        of such Code, as the case may be.
            (2) Treatment of repayments.--Rules similar to the rules of 
        paragraphs (2) and (3) of section 101(c) of this Act shall 
        apply for purposes of this section.
    (b) Qualified Distribution Defined.--For purposes of this section, 
the term ``qualified distribution'' means any distribution--
            (1) described in section 401(k)(2)(B)(i)(IV), 
        403(b)(7)(A)(ii) (but only to the extent such distribution 
        relates to financial hardship), 403(b)(11)(B), or 72(t)(2)(F) 
        of such Code,
            (2) received after February 28, 2005, and before August 29, 
        2005, and
            (3) which was to be used to purchase or construct a 
        principal residence in the Hurricane Katrina disaster area, but 
        which was not so purchased or constructed on account of 
        Hurricane Katrina.

SEC. 103. LOANS FROM QUALIFIED PLANS FOR RELIEF RELATING TO HURRICANE 
              KATRINA.

    (a) Increase in Limit on Loans not Treated as Distributions.--In 
the case of any loan from a qualified employer plan (as defined under 
section 72(p)(4) of the Internal Revenue Code of 1986) to a qualified 
individual made after the date of enactment of this Act and before 
January 1, 2007--
            (1) clause (i) of section 72(p)(2)(A) of such Code shall be 
        applied by substituting ``$100,000'' for ``$50,000'', and
            (2) clause (ii) of such section shall be applied by 
        substituting ``the present value of the nonforfeitable accrued 
        benefit of the employee under the plan'' for ``one-half of the 
        present value of the nonforfeitable accrued benefit of the 
        employee under the plan''.
    (b) Delay of Repayment.--In the case of a qualified individual with 
an outstanding loan on or after August 25, 2005, from a qualified 
employer plan (as defined in section 72(p)(4) of such Code)--
            (1) if the due date pursuant to subparagraph (B) or (C) of 
        section 72(p)(2) of such Code for any repayment with respect to 
        such loan occurs during the period beginning on August 25, 
        2005, and ending on December 31, 2006, such due date shall be 
        delayed for 1 year,
            (2) any subsequent repayments with respect to any such loan 
        shall be appropriately adjusted to reflect the delay in the due 
        date under paragraph (1) and any interest accruing during such 
        delay, and
            (3) in determining the 5-year period and the term of a loan 
        under subparagraph (B) or (C) of section 72(p)(2) of such Code, 
        the period described in paragraph (1) shall be disregarded.
    (c) Qualified Individual.--For purposes of this section, the term 
``qualified individual'' means an individual whose principal place of 
abode on August 28, 2005, is located in the Hurricane Katrina disaster 
area and who has sustained an economic loss by reason of Hurricane 
Katrina.

SEC. 104. PROVISIONS RELATING TO PLAN AMENDMENTS.

    (a) In General.--If this section applies to any amendment to any 
plan or annuity contract, such plan or contract shall be treated as 
being operated in accordance with the terms of the plan during the 
period described in subsection (b)(2)(A).
    (b) Amendments to Which Section Applies.--
            (1) In general.--This section shall apply to any amendment 
        to any plan or annuity contract which is made--
                    (A) pursuant to any amendment made by this title, 
                or pursuant to any regulation issued by the Secretary 
                of the Treasury or the Secretary of Labor under this 
                title, and
                    (B) on or before the last day of the first plan 
                year beginning on or after January 1, 2007, or such 
                later date as the Secretary of the Treasury may 
                prescribe.
        In the case of a governmental plan (as defined in section 
        414(d) of the Internal Revenue Code of 1986), subparagraph (B) 
        shall be applied by substituting the date which is 2 years 
        after the date otherwise applied under subparagraph (B).
            (2) Conditions.--This section shall not apply to any 
        amendment unless--
                    (A) during the period--
                            (i) beginning on the date the legislative 
                        or regulatory amendment described in paragraph 
                        (1)(A) takes effect (or in the case of a plan 
                        or contract amendment not required by such 
                        legislative or regulatory amendment, the 
                        effective date specified by the plan), and
                            (ii) ending on the date described in 
                        paragraph (1)(B) (or, if earlier, the date the 
                        plan or contract amendment is adopted),
                the plan or contract is operated as if such plan or 
                contract amendment were in effect; and
                    (B) such plan or contract amendment applies 
                retroactively for such period.

                      TITLE II--EMPLOYMENT RELIEF

SEC. 201. WORK OPPORTUNITY TAX CREDIT FOR HURRICANE KATRINA EMPLOYEES.

    (a) In General.--For purposes of section 51 of the Internal Revenue 
Code of 1986, a Hurricane Katrina employee shall be treated as a member 
of a targeted group.
    (b) Hurricane Katrina Employee.--For purposes of this section, the 
term ``Hurricane Katrina employee'' means--
            (1) any individual who on August 28, 2005, had a principal 
        place of abode in the core disaster area and who is hired 
        during the 2-year period beginning on such date for a position 
        the principal place of employment of which is located in the 
        core disaster area, and
            (2) any individual who on such date had a principal place 
        of abode in the core disaster area, who is displaced from such 
        abode by reason of Hurricane Katrina, and who is hired during 
        the period beginning on such date and ending on December 31, 
        2005.
    (c) Reasonable Identification Acceptable.--In lieu of the 
certification requirement under subparagraph (A) of section 51(d)(12) 
of such Code, an individual may provide to the employer reasonable 
evidence that the individual is a Hurricane Katrina employee, and 
subparagraph (B) of such section shall be applied as if such evidence 
were a certification described in such subparagraph.
    (d) Special Rules for Determining Credit.--For purposes of applying 
subpart F of part IV of subchapter A of chapter 1 of such Code to wages 
paid or incurred to any Hurricane Katrina employee--
            (1) section 51(c)(4) of such Code shall not apply, and
            (2) section 51(i)(2) of such Code shall not apply with 
        respect to the first hire of such employee as a Hurricane 
        Katrina employee, unless such employee was an employee of the 
        employer on August 28, 2005.

SEC. 202. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS AFFECTED BY HURRICANE 
              KATRINA.

    (a) In General.--In the case of an eligible employer, there shall 
be allowed as a credit against the tax imposed by chapter 1 of the 
Internal Revenue Code of 1986 for the taxable year an amount equal to 
40 percent of the qualified wages with respect to each eligible 
employee of such employer for such taxable year. For purposes of the 
preceding sentence, the amount of qualified wages which may be taken 
into account with respect to any individual shall not exceed $6,000.
    (b) Definitions.--For purposes of this section--
            (1) Eligible employer.--The term ``eligible employer'' 
        means any employer--
                    (A) which conducted an active trade or business on 
                August 28, 2005, in a core disaster area, and
                    (B) with respect to whom the trade or business 
                described in subparagraph (A) is inoperable on any day 
                after August 28, 2005, and before January 1, 2006, as a 
                result of damage sustained by reason of Hurricane 
                Katrina.
            (2) Eligible employee.--The term ``eligible employee'' 
        means with respect to an eligible employer an employee whose 
        principal place of employment on August 28, 2005, with such 
        eligible employer was in a core disaster area.
            (3) Qualified wages.--The term ``qualified wages'' means 
        wages (as defined in section 51(c)(1) of such Code, but without 
        regard to section 3306(b)(2)(B) of such Code) paid or incurred 
        by an eligible employer with respect to an eligible employee on 
        any day after August 28, 2005, and before January 1, 2006, 
        which occurs during the period--
                    (A) beginning on the date on which the trade or 
                business described in paragraph (1) first became 
                inoperable at the principal place of employment of the 
                employee immediately before Hurricane Katrina, and
                    (B) ending on the date on which such trade or 
                business has resumed significant operations at such 
                principal place of employment.
        Such term shall include wages paid without regard to whether 
        the employee performs no services, performs services at a 
        different place of employment than such principal place of 
        employment, or performs services at such principal place of 
        employment before significant operations have resumed.
    (c) Credit not Allowed for Large Businesses.--The term ``eligible 
employer'' shall not include any trade or business for any taxable year 
if such trade or business employed an average of more than 200 
employees on business days during the taxable year.
    (d) Certain Rules to Apply.--For purposes of this section, rules 
similar to the rules of sections 51(i)(1), 52, and 280C(a) of such Code 
shall apply.
    (e) Employee not Taken Into Account More Than Once.--An employee 
shall not be treated as an eligible employee for purposes of this 
section for any period with respect to any employer if such employer is 
allowed a credit under section 51 of such Code with respect to such 
employee for such period.
    (f) Credit to Be Part of General Business Credit.--The credit 
allowed under this section shall be added to the current year business 
credit under section 38(b) of such Code and shall be treated as a 
credit allowed under subpart D of part IV of subchapter A of chapter 1 
of such Code.

                TITLE III--CHARITABLE GIVING INCENTIVES

SEC. 301. TEMPORARY SUSPENSION OF LIMITATIONS ON CHARITABLE 
              CONTRIBUTIONS.

    (a) In General.--Except as otherwise provided in subsection (b), 
section 170(b) of the Internal Revenue Code of 1986 shall not apply to 
qualified contributions and such contributions shall not be taken into 
account for purposes of applying subsections (b) and (d) of section 170 
of such Code to other contributions.
    (b) Treatment of Excess Contributions.--For purposes of section 170 
of such Code--
            (1) Individuals.--In the case of an individual--
                    (A) Limitation.--Any qualified contribution shall 
                be allowed only to the extent that the aggregate of 
                such contributions does not exceed the excess of the 
                taxpayer's contribution base (as defined in 
                subparagraph (F) of section 170(b)(1) of such Code) 
                over the amount of all other charitable contributions 
                allowed under such section 170(b)(1).
                    (B) Carryover.--If the aggregate amount of 
                qualified contributions made in the contribution year 
                (within the meaning of section 170(d)(1) of such Code) 
                exceeds the limitation of subparagraph (A), such excess 
                shall be added to the excess described in the portion 
                of subparagraph (A) of such section which precedes 
                clause (i) thereof for purposes of applying such 
                section.
            (2) Corporations.--In the case of a corporation--
                    (A) Limitation.--Any qualified contribution shall 
                be allowed only to the extent that the aggregate of 
                such contributions does not exceed the excess of the 
                taxpayer's taxable income (as determined under 
                paragraph (2) of section 170(b) of such Code) over the 
                amount of all other charitable contributions allowed 
                under such paragraph.
                    (B) Carryover.--Rules similar to the rules of 
                paragraph (1)(B) shall apply for purposes of this 
                paragraph.
    (c) Exception to Overall Limitation on Itemized Deductions.--So 
much of any deduction allowed under section 170 of such Code as does 
not exceed the qualified contributions paid during the taxable year 
shall not be treated as an itemized deduction for purposes of section 
68 of such Code.
    (d) Qualified Contributions.--
            (1) In general.--For purposes of this section, the term 
        ``qualified contribution'' means any charitable contribution 
        (as defined in section 170(c) of such Code)--
                    (A) paid during the period beginning on August 28, 
                2005, and ending on December 31, 2005, in cash to an 
                organization described in section 170(b)(1)(A) of such 
                Code (other than an organization described in section 
                509(a)(3) of such Code),
                    (B) in the case of a contribution paid by a 
                corporation, such contribution is for relief efforts 
                related to Hurricane Katrina, and
                    (C) with respect to which the taxpayer has elected 
                the application of this section.
            (2) Exception.--Such term shall not include a contribution 
        if the contribution is for establishment of a new, or 
        maintenance in an existing, segregated fund or account with 
        respect to which the donor (or any person appointed or 
        designated by such donor) has, or reasonably expects to have, 
        advisory privileges with respect to distributions or 
        investments by reason of the donor's status as a donor.
            (3) Application of election to partnerships and s 
        corporations.--In the case of a partnership or S corporation, 
        the election under paragraph (1)(C) shall be made separately by 
        each partner or shareholder.

SEC. 302. ADDITIONAL EXEMPTION FOR HOUSING HURRICANE KATRINA DISPLACED 
              INDIVIDUALS.

    (a) In General.--In the case of taxable years of a natural person 
beginning in 2005 or 2006, for purposes of the Internal Revenue Code of 
1986, taxable income shall be reduced by $500 for each Hurricane 
Katrina displaced individual of the taxpayer for the taxable year.
    (b) Limitations.--
            (1) Dollar limitation.--The reduction under subsection (a) 
        shall not exceed $2,000, reduced by the amount of the reduction 
        under this section for all prior taxable years.
            (2) Individuals taken into account only once.--An 
        individual shall not be taken into account under subsection (a) 
        if such individual was taken into account under such subsection 
        by the taxpayer for any prior taxable year.
            (3) Identifying information required.--An individual shall 
        not be taken into account under subsection (a) for a taxable 
        year unless the taxpayer identification number of such 
        individual is included on the return of the taxpayer for such 
        taxable year.
    (c) Hurricane Katrina Displaced Individual.--For purposes of this 
section, the term ``Hurricane Katrina displaced individual'' means, 
with respect to any taxpayer for any taxable year, any natural person 
if--
            (1) such person's principal place of abode on August 28, 
        2005, was in the Hurricane Katrina disaster area,
            (2)(A) in the case of such an abode located in the core 
        disaster area, such person is displaced from such abode, or
            (B) in the case of such an abode located outside of the 
        core disaster area, such person is displaced from such abode, 
        and
                    (i) such abode was damaged by Hurricane Katrina, or
                    (ii) such person was evacuated from such abode by 
                reason of Hurricane Katrina, and
            (3) such person is provided housing free of charge by the 
        taxpayer in the principal residence of the taxpayer for a 
        period of 60 consecutive days which ends in such taxable year.
Such term shall not include the spouse or any dependent of the 
taxpayer.
    (d) Compensation for Housing.--No deduction shall be allowed under 
this section if the taxpayer receives any rent or other amount (from 
any source) in connection with the providing of such housing.

SEC. 303. INCREASE IN STANDARD MILEAGE RATE FOR CHARITABLE USE OF 
              VEHICLES.

    Notwithstanding section 170(i) of the Internal Revenue Code of 
1986, for purposes of computing the deduction under section 170 of such 
Code for use of a vehicle described in subsection (f)(12)(E)(i) of such 
section for provision of relief related to Hurricane Katrina during the 
period beginning on August 25, 2005, and ending on December 31, 2006, 
the standard mileage rate shall be 70 percent of the standard mileage 
rate in effect under section 162(a) of such Code at the time of such 
use. Any increase under this section shall be rounded to the next 
highest cent.

SEC. 304. MILEAGE REIMBURSEMENTS TO CHARITABLE VOLUNTEERS EXCLUDED FROM 
              GROSS INCOME.

    (a) In General.--For purposes of the Internal Revenue Code of 1986, 
gross income of an individual for taxable years ending on or after 
August 25, 2005, does not include amounts received, from an 
organization described in section 170(c) of such Code, as reimbursement 
of operating expenses with respect to use of a passenger automobile for 
the benefit of such organization in connection with providing relief 
relating to Hurricane Katrina during the period beginning on August 25, 
2005, and ending on December 31, 2006. The preceding sentence shall 
apply only to the extent that the expenses which are reimbursed would 
be deductible under chapter 1 of such Code if section 274(d) of such 
Code were applied--
            (1) by using the standard business mileage rate in effect 
        under section 162(a) at the time of such use, and
            (2) as if the individual were an employee of an 
        organization not described in section 170(c) of such Code.
    (b) Application to Volunteer Services Only.--Subsection (a) shall 
not apply with respect to any expenses relating to the performance of 
services for compensation.
    (c) No Double Benefit.--No deduction or credit shall be allowed 
under any other provision of such Code with respect to the expenses 
excludable from gross income under subsection (a).

SEC. 305. CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF FOOD INVENTORY.

    (a) In General.--Paragraph (3) of section 170(e) of the Internal 
Revenue Code of 1986 (relating to special rule for certain 
contributions of inventory and other property) is amended by 
redesignating subparagraph (C) as subparagraph (D) and by inserting 
after subparagraph (B) the following new subparagraph:
                    ``(C) Special rule for contributions of food 
                inventory.--
                            ``(i) General rule.--In the case of a 
                        charitable contribution of food from any trade 
                        or business of the taxpayer, this paragraph 
                        shall be applied--
                                    ``(I) without regard to whether the 
                                contribution is made by a C 
                                corporation, and
                                    ``(II) only to food that is 
                                apparently wholesome food.
                            ``(ii) Limitation.--In the case of a 
                        taxpayer other than a C corporation, the 
                        aggregate amount of such contributions for any 
                        taxable year which may be taken into account 
                        under this section shall not exceed 10 percent 
                        of the taxpayer's aggregate net income for such 
                        taxable year from all trades or businesses from 
                        which such contributions were made for such 
                        year, computed without regard to this section.
                            ``(iii) Apparently wholesome food.--For 
                        purposes of this subparagraph, the term 
                        `apparently wholesome food' has the meaning 
                        given to such term by section 22(b)(2) of the 
                        Bill Emerson Good Samaritan Food Donation Act 
                        (42 U.S.C. 1791(b)(2)), as in effect on the 
                        date of the enactment of this subparagraph.
                            ``(iv) Termination.--This subparagraph 
                        shall not apply to contributions made after 
                        December 31, 2005.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to contributions made on or after August 28, 2005, in taxable years 
ending after such date.

SEC. 306. CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF BOOK INVENTORIES TO 
              PUBLIC SCHOOLS.

    (a) In General.--Paragraph (3) of section 170(e) of the Internal 
Revenue Code of 1986 (relating to certain contributions of ordinary 
income and capital gain property), as amended by section 305, is 
amended by redesignating subparagraph (D) as subparagraph (E) and by 
inserting after subparagraph (C) the following new subparagraph:
                    ``(D) Special rule for contributions of book 
                inventory to public schools.--
                            ``(i) Contributions of book inventory.--In 
                        determining whether a qualified book 
                        contribution is a qualified contribution, 
                        subparagraph (A) shall be applied without 
                        regard to whether the donee is an organization 
                        described in the matter preceding clause (i) of 
                        subparagraph (A).
                            ``(ii) Qualified book contribution.--For 
                        purposes of this paragraph, the term `qualified 
                        book contribution' means a charitable 
                        contribution of books to a public school which 
                        is an educational organization described in 
                        subsection (b)(1)(A)(ii) and which provides 
                        elementary education or secondary education 
                        (kindergarten through grade 12).
                            ``(iii) Certification by donee.--
                        Subparagraph (A) shall not apply to any 
                        contribution unless (in addition to the 
                        certifications required by subparagraph (A) (as 
                        modified by this subparagraph)), the donee 
                        certifies in writing that--
                                    ``(I) the books are suitable, in 
                                terms of currency, content, and 
                                quantity, for use in the donee's 
                                educational programs, and
                                    ``(II) the donee will use the books 
                                in its educational programs.
                            ``(iv) Termination.--This subparagraph 
                        shall not apply to contributions made after 
                        December 31, 2005.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to contributions made on or after August 28, 2005, in taxable 
years ending after such date.

               TITLE IV--ADDITIONAL TAX RELIEF PROVISIONS

SEC. 401. EXCLUSIONS OF CERTAIN CANCELLATIONS OF INDEBTEDNESS BY REASON 
              OF HURRICANE KATRINA.

    (a) In General.--For purposes of the Internal Revenue Code of 1986, 
gross income shall not include any amount which (but for this section) 
would be includible in gross income by reason of the discharge (in 
whole or in part) of indebtedness of a natural person described in 
subsection (b) by an applicable entity (as defined in section 
6050P(c)(1) of such Code).
    (b) Persons Described.--A natural person is described in this 
subsection if the principal place of abode of such person on August 25, 
2005, was located--
            (1) in the core disaster area, or
            (2) in the Hurricane Katrina disaster area (but outside the 
        core disaster area) and such person suffered economic loss by 
        reason of Hurricane Katrina.
    (c) Exceptions.--
            (1) Business indebtedness.--Subsection (a) shall not apply 
        to any indebtedness incurred in connection with a trade or 
        business.
            (2) Real property outside core disaster area.--Subsection 
        (a) shall not apply to any discharge of indebtedness to the 
        extent that real property constituting security for such 
        indebtedness is located outside of the Hurricane Katrina 
        disaster area.
    (d) Denial of Double Benefit.--For purposes of the Internal Revenue 
Code of 1986, the amount excluded from gross income under subsection 
(a) shall be treated in the same manner as an amount excluded under 
section 108(a) of such Code.
    (e) Effective Date.--This section shall apply to discharges made on 
or after August 25, 2005, and before January 1, 2007.

SEC. 402. SUSPENSION OF CERTAIN LIMITATIONS ON PERSONAL CASUALTY 
              LOSSES.

    Paragraphs (1) and (2)(A) of section 165(h) of the Internal Revenue 
Code of 1986 shall not apply to losses described in section 165(c)(3) 
of such Code which arise in the Hurricane Katrina disaster area on or 
after August 25, 2005, and which are attributable to Hurricane Katrina. 
In the case of any other losses, section 165(h)(2)(A) of such Code 
shall be applied without regard to the losses referred to in the 
preceding sentence.

SEC. 403. REQUIRED EXERCISE OF AUTHORITY UNDER SECTION 7508A FOR TAX 
              RELIEF RELATING TO HURRICANE KATRINA.

    (a) Authority Includes Suspension of Payment of Employment and 
Excise Taxes.--Subparagraphs (A) and (B) of section 7508(a)(1) of the 
Internal Revenue Code of 1986 are amended to read as follows:
                    ``(A) Filing any return of income, estate, gift, 
                employment, or excise tax;
                    ``(B) Payment of any income, estate, gift, 
                employment, or excise tax or any installment thereof or 
                of any other liability to the United States in respect 
                thereof;''.
    (b) Application With Respect to Hurricane Katrina.--In the case of 
any taxpayer determined by the Secretary of the Treasury to be affected 
by the Presidentially declared disaster relating to Hurricane Katrina, 
any relief provided by the Secretary of the Treasury under section 
7508A of the Internal Revenue Code of 1986 shall be for a period ending 
not earlier than February 28, 2006, and shall be treated as applying to 
the filing of returns relating to, and the payment of, employment and 
excise taxes.
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply for any period for performing an act which has not expired before 
August 25, 2005.

SEC. 404. SPECIAL RULES FOR MORTGAGE REVENUE BONDS.

    (a) In General.--In the case of financing provided with respect to 
a qualified Hurricane Katrina recovery residence, subsection (d) of 
section 143 of the Internal Revenue Code of 1986 shall be applied as if 
such residence were a targeted area residence.
    (b) Qualified Hurricane Katrina Recovery Residence.--For purposes 
of this section, the term ``qualified Hurricane Katrina recovery 
residence'' means--
            (1) any residence in the core disaster area, and
            (2) any other residence if--
                    (A) such other residence is located in the same 
                State as the principal residence referred to in 
                subparagraph (B), and
                    (B) the mortgagor with respect to such other 
                residence owned a principal residence on August 28, 
                2005, which--
                            (i) was located in the Hurricane Katrina 
                        disaster area, and
                            (ii) was rendered uninhabitable by reason 
                        of Hurricane Katrina.
    (c) Special Rule for Home Improvement Loans.--In the case of any 
loan with respect to a residence in the Hurricane Katrina disaster 
area, section 143(k)(4) of such Code shall be applied by substituting 
$150,000 for the dollar amount contained therein to the extent such 
loan is for the repair of damage by reason of Hurricane Katrina.
    (d) Application.--Subsection (a) shall not apply to financing 
provided after December 31, 2007.

SEC. 405. EXTENSION OF REPLACEMENT PERIOD FOR NONRECOGNITION OF GAIN 
              FOR PROPERTY LOCATED IN HURRICANE KATRINA DISASTER AREA.

    Clause (i) of section 1033(a)(2)(B) of the Internal Revenue Code of 
1986 shall be applied by substituting ``5 years'' for ``2 years'' with 
respect to property in the Hurricane Katrina disaster area which is 
compulsorily or involuntarily converted on or after August 25, 2005, by 
reason of Hurricane Katrina, but only if substantially all of the use 
of the replacement property is in such area.

SEC. 406. SPECIAL RULE FOR DETERMINING EARNED INCOME.

    (a) In General.--In the case of a qualified individual, if the 
earned income of the taxpayer for the taxable year which includes 
August 25, 2005, is less than the earned income of the taxpayer for the 
preceding taxable year, the credits allowed under sections 24(d) and 32 
of the Internal Revenue Code of 1986 may, at the election of the 
taxpayer, be determined by substituting--
            (1) such earned income for the preceding taxable year, for
            (2) such earned income for the taxable year which includes 
        August 25, 2005.
    (b) Qualified Individual.--For purposes of this section, the term 
``qualified individual'' means any individual whose principal place of 
abode on August 25, 2005, was located--
            (1) in the core disaster area, or
            (2) in the Hurricane Katrina disaster area (but outside the 
        core disaster area) and such individual was displaced from such 
        principal place of abode by reason of Hurricane Katrina.
    (c) Earned Income.--For purposes of this section, the term ``earned 
income'' has the meaning given such term under section 32(c) of such 
Code.
    (d) Special Rules.--
            (1) Application to joint returns.--For purpose of 
        subsection (a), in the case of a joint return for a taxable 
        year which includes August 25, 2005--
                    (A) such subsection shall apply if either spouse is 
                a qualified individual, and
                    (B) the earned income of the taxpayer for the 
                preceding taxable year shall be the sum of the earned 
                income of each spouse for such preceding taxable year.
            (2) Uniform application of election.--Any election made 
        under subsection (a) shall apply with respect to both section 
        24(d) and section 32 of such Code.
            (3) Errors treated as mathematical error.--For purposes of 
        section 6213 of such Code, an incorrect use on a return of 
        earned income pursuant to subsection (a) shall be treated as a 
        mathematical or clerical error.
            (4) No effect on determination of gross income, etc.--
        Except as otherwise provided in this section, the Internal 
        Revenue Code of 1986 shall be applied without regard to any 
        substitution under subsection (a).

SEC. 407. SECRETARIAL AUTHORITY TO MAKE ADJUSTMENTS REGARDING TAXPAYER 
              AND DEPENDENCY STATUS.

    With respect to taxable years beginning in 2005 or 2006, the 
Secretary of the Treasury or the Secretary's delegate may make such 
adjustments in the application of the internal revenue laws as may be 
necessary to ensure that taxpayers do not lose any deduction or credit 
or experience a change of filing status by reason of temporary 
relocations by reason of Hurricane Katrina. Any adjustments made under 
the preceding sentence shall ensure that an individual is not taken 
into account by more than one taxpayer with respect to the same tax 
benefit.

                     TITLE V--EMERGENCY REQUIREMENT

SEC. 501. EMERGENCY REQUIREMENT.

    Any provision of this Act causing an effect on receipts, budget 
authority, or outlays is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress).

            Attest:

                                                                 Clerk.