[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1148 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 1148

                  To provide for disaster tax relief.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 11, 2019

  Mr. Rice of South Carolina (for himself, Mr. Dunn, and Mr. Sablan) 
 introduced the following bill; which was referred to the Committee on 
                             Ways and Means

_______________________________________________________________________

                                 A BILL


 
                  To provide for disaster tax relief.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``2018 Natural 
Disasters Tax Relief Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Special disaster-related rules for use of retirement funds.
Sec. 4. Employee retention credit for employers affected by qualified 
                            disasters.
Sec. 5. Other disaster-related tax relief provisions.
Sec. 6. Treatment of certain possessions.
Sec. 7. Automatic extension of filing deadline.

SEC. 2. DEFINITIONS.

    For purposes of this Act--
            (1) General definitions.--
                    (A) Qualified disaster area.--The term ``qualified 
                disaster area'' means the Hurricane Florence disaster 
                area; the Hurricane Michael disaster area; the Typhoon 
                Mangkhut disaster area; the Typhoon Yutu disaster area; 
                the Mendocino wildfire disaster area; the Camp and 
                Woolsey wildfire disaster area; the Kilauea volcanic 
                eruption and earthquakes disaster area; the Hawaii 
                severe storms, flooding, landslides, and mudslides 
                disaster area; the Wisconsin severe storms, tornadoes, 
                straight-line winds, flooding, and landslides disaster 
                area; the Texas severe storms and flooding disaster 
                area; the North Carolina tornado and severe storms 
                disaster area; the Indiana severe storms and flooding 
                disaster area; the Alabama severe storms and tornadoes 
                disaster area; and the Tropical Storm Gita disaster 
                area.
                    (B) Qualified disaster zone.--The term ``qualified 
                disaster zone'' means that portion of any qualified 
                disaster area which is determined by the President to 
                warrant individual or individual and public assistance 
                from the Federal Government under the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                by reason of the qualified disaster with respect to 
                such disaster area.
                    (C) Qualified disaster.--The term ``qualified 
                disaster'' means, with respect to any qualified 
                disaster area, the disaster by reason of which a major 
                disaster was declared with respect to such area.
            (2) Hurricane florence.--
                    (A) Hurricane florence disaster area.--The term 
                ``Hurricane Florence disaster area'' means an area with 
                respect to which a major disaster has been declared by 
                the President on or before December 17, 2018, under 
                section 401 of the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act by reason of Hurricane 
                Florence.
                    (B) Incident beginning date.--The incident 
                beginning date of Hurricane Florence is September 7, 
                2018.
                    (C) Incident period.--The incident period of 
                Hurricane Florence is the period beginning on the 
                incident beginning date of Hurricane Florence and 
                ending on October 8, 2018.
            (3) Hurricane michael.--
                    (A) Hurricane michael disaster area.--The term 
                ``Hurricane Michael disaster area'' means an area with 
                respect to which a major disaster has been declared by 
                the President on or before December 17, 2018, under 
                section 401 of the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act by reason of Hurricane 
                Michael.
                    (B) Incident beginning date.--The incident 
                beginning date of Hurricane Michael is October 7, 2018.
                    (C) Incident period.--The incident period of 
                Hurricane Michael is the period beginning on the 
                incident beginning date of Hurricane Michael and ending 
                on October 23, 2018.
            (4) Typhoon mangkhut.--
                    (A) Typhoon mangkhut disaster area.--The term 
                ``Typhoon Mangkhut disaster area'' means an area with 
                respect to which a major disaster has been declared by 
                the President on or before December 17, 2018, under 
                section 401 of the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act by reason of Typhoon 
                Mangkhut.
                    (B) Incident beginning date.--The incident 
                beginning date of Typhoon Mangkhut is September 10, 
                2018.
                    (C) Incident period.--The incident period of 
                Typhoon Mangkhut is the period beginning on the 
                incident beginning date of Typhoon Mangkhut and ending 
                on September 11, 2018.
            (5) Typhoon yutu.--
                    (A) Typhoon yutu disaster area.--The term ``Typhoon 
                Yutu disaster area'' means an area with respect to 
                which a major disaster has been declared by the 
                President on or before December 17, 2018, under section 
                401 of the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act by reason of Typhoon Yutu.
                    (B) Incident beginning date.--The incident 
                beginning date of Typhoon Yutu is October 24, 2018.
                    (C) Incident period.--The incident period of 
                Typhoon Yutu is the period beginning on the incident 
                beginning date of Typhoon Yutu and ending on October 
                26, 2018.
            (6) Mendocino wildfire.--
                    (A) Mendocino wildfire disaster area.--The term 
                ``Mendocino wildfire disaster area'' means an area with 
                respect to which, during the period beginning on August 
                4, 2018, and ending on December 17, 2018, a major 
                disaster has been declared by the President under 
                section 401 of the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act by reason of the wildfire 
                in California commonly known as the Mendocino wildfire 
                of 2018 (including the Carr wildfire of 2018).
                    (B) Incident beginning date.--The incident 
                beginning date of the wildfires referred to in 
                subparagraph (A) is July 23, 2018.
                    (C) Incident period.--The incident period of the 
                wildfires referred to in subparagraph (A) is the period 
                beginning on the incident beginning date of such 
                wildfires and ending on September 19, 2018.
            (7) Camp and woolsey wildfires.--
                    (A) Camp and woolsey wildfire disaster area.--The 
                term ``Camp and Woolsey wildfire disaster area'' means 
                an area with respect to which, during the period 
                beginning on November 12, 2018, and ending on December 
                17, 2018, a major disaster has been declared by the 
                President under section 401 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act by reason 
                of the wildfires in California commonly known as the 
                Camp and Woolsey wildfires of 2018 (including the Hill 
                wildfire of 2018).
                    (B) Incident beginning date.--The incident 
                beginning date of the wildfires referred to in 
                subparagraph (A) is November 8, 2018.
                    (C) Incident period.--The incident period of the 
                wildfires referred to in subparagraph (A) is the period 
                beginning on the incident beginning date of such 
                wildfires and ending on November 25, 2018.
            (8) Kilauea volcanic eruption and earthquakes.--
                    (A) Kilauea volcanic eruption and earthquakes 
                disaster area.--The term ``Kilauea volcanic eruption 
                and earthquakes disaster area'' means an area with 
                respect to which, during the period beginning on May 
                11, 2018, and ending on December 17, 2018, a major 
                disaster has been declared by the President under 
                section 401 of the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act by reason of the Kilauea 
                volcanic eruption and earthquakes occurring in Hawaii 
                during the period beginning on May 3, 2018, and ending 
                on August 17, 2018.
                    (B) Incident beginning date.--The incident 
                beginning date of the volcanic eruption and earthquakes 
                referred to in subparagraph (A) is May 3, 2018.
                    (C) Incident period.--The incident period of the 
                volcanic eruption and earthquakes referred to in 
                subparagraph (A) is the period beginning on the 
                incident beginning date with respect to such eruption 
                and earthquakes and ending on August 17, 2018.
            (9) Hawaii severe storms, flooding, landslides, and 
        mudslides.--
                    (A) Hawaii severe storms, flooding, landslides, and 
                mudslides disaster area.--The term ``Hawaii severe 
                storms, flooding, landslides, and mudslides disaster 
                area'' means an area with respect to which, during the 
                period beginning on May 8, 2018, and ending on December 
                17, 2018, a major disaster has been declared by the 
                President under section 401 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act by reason 
                of the severe storms, flooding, landslides, and 
                mudslides occurring in Hawaii during the period 
                beginning on April 13, 2018, and ending on April 16, 
                2018.
                    (B) Incident beginning date.--The incident 
                beginning date of the severe storms, flooding, 
                landslides, and mudslides referred to in subparagraph 
                (A) is April 13, 2018.
                    (C) Incident period.--The incident period of the 
                severe storms, flooding, landslides, and mudslides 
                referred to in subparagraph (A) is the period beginning 
                on the incident beginning date with respect to such 
                severe storms, flooding, landslides, and mudslides and 
                ending on April 16, 2018.
            (10) Wisconsin severe storms, tornadoes, straight-line 
        winds, flooding, and landslides.--
                    (A) Wisconsin severe storms, tornadoes, straight-
                line winds, flooding, and landslides disaster area.--
                The term ``Wisconsin severe storms, tornadoes, 
                straight-line winds, flooding, and landslides disaster 
                area'' means an area with respect to which, during the 
                period beginning on October 18, 2018, and ending on 
                December 17, 2018, a major disaster has been declared 
                by the President under section 401 of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                by reason of the severe storms, tornadoes, straight-
                line winds, flooding, and landslides occurring in 
                Wisconsin during the period beginning on August 17, 
                2018, and ending on September 14, 2018.
                    (B) Incident beginning date.--The incident 
                beginning date of the severe storms, tornadoes, 
                straight-line winds, flooding, and landslides referred 
                to in subparagraph (A) is August 17, 2018.
                    (C) Incident period.--The incident period of the 
                severe storms, tornadoes, straight-line winds, 
                flooding, and landslides referred to in subparagraph 
                (A) is the period beginning on the incident beginning 
                date with respect to such severe storms, tornadoes, 
                straight-line winds, flooding, and landslides and 
                ending on September 14, 2018.
            (11) Texas severe storms and flooding.--
                    (A) Texas severe storms and flooding disaster 
                area.--The term ``Texas severe storms and flooding 
                disaster area'' means an area with respect to which, 
                during the period beginning on July 6, 2018, and ending 
                on December 17, 2018, a major disaster has been 
                declared by the President under section 401 of the 
                Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act by reason of the severe storms and 
                flooding occurring in Texas during the period beginning 
                on June 19, 2018, and ending on July 13, 2018.
                    (B) Incident beginning date.--The incident 
                beginning date of the severe storms and flooding 
                referred to in subparagraph (A) is June 19, 2018.
                    (C) Incident period.--The incident period of the 
                severe storms and flooding referred to in subparagraph 
                (A) is the period beginning on the incident beginning 
                date with respect to such severe storms and flooding 
                and ending on July 13, 2018.
            (12) North carolina tornado and severe storms.--
                    (A) North carolina tornado and severe storms 
                disaster area.--The term ``North Carolina tornado and 
                severe storms disaster area'' means an area with 
                respect to which, during the period beginning on May 8, 
                2018, and ending on December 17, 2018, a major disaster 
                has been declared by the President under section 401 of 
                the Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act by reason of the tornado and severe 
                storms occurring in North Carolina on April 15, 2018.
                    (B) Incident beginning date; incident period.--The 
                incident beginning date, and the incident period, of 
                the tornado and severe storms referred to in 
                subparagraph (A) is April 15, 2018.
            (13) Indiana severe storms and flooding.--
                    (A) Indiana severe storms and flooding disaster 
                area.--The term ``Indiana severe storms and flooding 
                disaster area'' means an area with respect to which, 
                during the period beginning on May 4, 2018, and ending 
                on December 17, 2018, a major disaster has been 
                declared by the President under section 401 of the 
                Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act by reason of the severe storms and 
                flooding occurring in Indiana during the period 
                beginning on February 14, 2018, and ending on March 4, 
                2018.
                    (B) Incident beginning date.--The incident 
                beginning date of the severe storms and flooding 
                referred to in subparagraph (A) is February 14, 2018.
                    (C) Incident period.--The incident period of the 
                severe storms and flooding referred to in subparagraph 
                (A) is the period beginning on the incident beginning 
                date with respect to such severe storms and flooding 
                and ending on March 4, 2018.
            (14) Alabama severe storms and tornadoes.--
                    (A) Alabama severe storms and tornadoes disaster 
                area.--The term ``Alabama severe storms and tornadoes 
                disaster area'' means an area with respect to which, 
                during the period beginning on April 26, 2018, and 
                ending on December 17, 2018, a major disaster has been 
                declared by the President under section 401 of the 
                Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act by reason of the severe storms and 
                tornadoes occurring in Alabama during the period 
                beginning on March 19, 2018, and ending on March 20, 
                2018.
                    (B) Incident beginning date.--The incident 
                beginning date of the severe storms and tornadoes 
                referred to in subparagraph (A) is March 19, 2018.
                    (C) Incident period.--The incident period of the 
                severe storms and tornadoes referred to in subparagraph 
                (A) is the period beginning on the incident beginning 
                date with respect to such severe storms and tornadoes 
                and ending on March 20, 2018.
            (15) Tropical storm gita.--
                    (A) Tropical storm gita disaster area.--The term 
                ``Tropical Storm Gita disaster area'' means an area 
                with respect to which a major disaster has been 
                declared by the President on or before December 17, 
                2018, under section 401 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act by reason 
                of Tropical Storm Gita.
                    (B) Incident beginning date.--The incident 
                beginning date of Tropical Storm Gita is February 7, 
                2018.
                    (C) Incident period.--The incident period of 
                Tropical Storm Gita is the period beginning on the 
                incident beginning date of Tropical Storm Gita and 
                ending on February 12, 2018.

SEC. 3. SPECIAL DISASTER-RELATED RULES FOR USE OF RETIREMENT FUNDS.

    (a) Tax-Favored Withdrawals From Retirement Plans.--
            (1) In general.--Section 72(t) of the Internal Revenue Code 
        of 1986 shall not apply to any qualified disaster distribution.
            (2) Aggregate dollar limitation.--
                    (A) In general.--For purposes of this subsection, 
                the aggregate amount of distributions received by an 
                individual which may be treated as qualified disaster 
                distributions for any taxable year shall not exceed the 
                excess (if any) of--
                            (i) $100,000, over
                            (ii) the aggregate amounts treated as 
                        qualified disaster distributions received by 
                        such individual for all prior taxable years.
                    (B) Treatment of plan distributions.--If a 
                distribution to an individual would (without regard to 
                subparagraph (A)) be a qualified disaster 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 disaster 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.
                    (C) Controlled group.--For purposes of subparagraph 
                (B), the term ``controlled group'' means any group 
                treated as a single employer under subsection (b), (c), 
                (m), or (o) of section 414 of the Internal Revenue Code 
                of 1986.
                    (D) Special rule for individuals affected by more 
                than one disaster.--The limitation of subparagraph (A) 
                shall be applied separately with respect to 
                distributions made with respect to each qualified 
                disaster which is described in a separate paragraph of 
                section 2.
            (3) Amount distributed may be repaid.--
                    (A) In general.--Any individual who receives a 
                qualified disaster distribution may, at any time during 
                the 3-year period beginning on the day after the date 
                on which such distribution was received, make 1 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 the Internal 
                Revenue Code of 1986, as the case may be.
                    (B) Treatment of repayments of distributions from 
                eligible retirement plans other than iras.--For 
                purposes of the Internal Revenue Code of 1986, if a 
                contribution is made pursuant to subparagraph (A) with 
                respect to a qualified disaster 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 disaster 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.
                    (C) Treatment of repayments of distributions from 
                iras.--For purposes of the Internal Revenue Code of 
                1986, if a contribution is made pursuant to 
                subparagraph (A) with respect to a qualified disaster 
                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 disaster 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.
            (4) Definitions.--For purposes of this subsection--
                    (A) Qualified disaster distribution.--Except as 
                provided in paragraph (2), the term ``qualified 
                disaster distribution'' means any distribution from an 
                eligible retirement plan made on or after the incident 
                beginning date of a qualified disaster and before 
                January 1, 2020, to an individual whose principal place 
                of abode at any time during the incident period of such 
                qualified disaster is located in the qualified disaster 
                area with respect to such qualified disaster and who 
                has sustained an economic loss by reason of such 
                qualified disaster.
                    (B) Eligible retirement plan.--The term ``eligible 
                retirement plan'' shall have the meaning given such 
                term by section 402(c)(8)(B) of the Internal Revenue 
                Code of 1986.
            (5) Income inclusion spread over 3-year period.--
                    (A) In general.--In the case of any qualified 
                disaster distribution, unless the taxpayer elects not 
                to have this paragraph 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.
                    (B) Special rule.--For purposes of subparagraph 
                (A), rules similar to the rules of subparagraph (E) of 
                section 408A(d)(3) of the Internal Revenue Code of 1986 
                shall apply.
            (6) Special rules.--
                    (A) Exemption of distributions from trustee to 
                trustee transfer and withholding rules.--For purposes 
                of sections 401(a)(31), 402(f), and 3405 of the 
                Internal Revenue Code of 1986, qualified disaster 
                distributions shall not be treated as eligible rollover 
                distributions.
                    (B) Qualified disaster distributions treated as 
                meeting plan distribution requirements.--For purposes 
                of the Internal Revenue Code of 1986, a qualified 
                disaster 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.
    (b) Recontributions of Withdrawals for Home Purchases.--
            (1) Recontributions.--
                    (A) In general.--Any individual who received a 
                qualified distribution may, during the applicable 
                period, make 1 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.
                    (B) Treatment of repayments.--Rules similar to the 
                rules of subparagraphs (B) and (C) of subsection (a)(3) 
                shall apply for purposes of this subsection.
            (2) Qualified distribution.--For purposes of this 
        subsection, the term ``qualified distribution'' means any 
        distribution--
                    (A) 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 the Internal Revenue 
                Code of 1986,
                    (B) which was to be used to purchase or construct a 
                principal residence in a qualified disaster area, but 
                which was not so used on account of the qualified 
                disaster with respect to such area, and
                    (C) which was received on or after January 1, 2018, 
                and before the date which is 30 days after the last day 
                of the incident period of such qualified disaster.
            (3) Applicable period.--For purposes of this subsection, 
        the term ``applicable period'' means, in the case of a 
        principal residence in a qualified disaster area with respect 
        to any qualified disaster, the period beginning on the incident 
        beginning date of such qualified disaster and ending on 
        February 28, 2019.
    (c) Loans From Qualified Plans.--
            (1) 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 
        during the period beginning on the date of the enactment of 
        this Act and ending on December 31, 2019--
                    (A) clause (i) of section 72(p)(2)(A) of such Code 
                shall be applied by substituting ``$100,000'' for 
                ``$50,000'', and
                    (B) 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''.
            (2) Delay of repayment.--In the case of a qualified 
        individual (with respect to any qualified disaster) with an 
        outstanding loan on or after the incident beginning date (of 
        such qualified disaster) from a qualified employer plan (as 
        defined in section 72(p)(4) of the Internal Revenue Code of 
        1986)--
                    (A) 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 the incident beginning date of such 
                qualified disaster and ending on December 31, 2019, 
                such due date shall be delayed for 1 year,
                    (B) 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
                    (C) 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 
                subparagraph (A) of this paragraph shall be 
                disregarded.
            (3) Qualified individual.--For purposes of this subsection, 
        the term ``qualified individual'' means any individual--
                    (A) whose principal place of abode at any time 
                during the incident period of any qualified disaster is 
                located in the qualified disaster area with respect to 
                such qualified disaster, and
                    (B) who has sustained an economic loss by reason of 
                such qualified disaster.
    (d) Provisions Relating to Plan Amendments.--
            (1) In general.--If this subsection 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 paragraph 
        (2)(B)(i).
            (2) Amendments to which subsection applies.--
                    (A) In general.--This subsection shall apply to any 
                amendment to any plan or annuity contract which is 
                made--
                            (i) pursuant to any provision of this 
                        section, or pursuant to any regulation issued 
                        by the Secretary or the Secretary of Labor 
                        under any provision of this section, and
                            (ii) on or before the last day of the first 
                        plan year beginning on or after January 1, 
                        2020, or such later date as the Secretary may 
                        prescribe.
                In the case of a governmental plan (as defined in 
                section 414(d) of the Internal Revenue Code of 1986), 
                clause (ii) shall be applied by substituting the date 
                which is 2 years after the date otherwise applied under 
                clause (ii).
                    (B) Conditions.--This subsection shall not apply to 
                any amendment unless--
                            (i) during the period--
                                    (I) beginning on the date that this 
                                section or the regulation described in 
                                subparagraph (A)(i) takes effect (or in 
                                the case of a plan or contract 
                                amendment not required by this section 
                                or such regulation, the effective date 
                                specified by the plan), and
                                    (II) ending on the date described 
                                in subparagraph (A)(ii) (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
                            (ii) such plan or contract amendment 
                        applies retroactively for such period.

SEC. 4. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS AFFECTED BY QUALIFIED 
              DISASTERS.

    (a) In General.--For purposes of section 38 of the Internal Revenue 
Code of 1986, in the case of an eligible employer, the 2018 qualified 
disaster employee retention credit shall be treated as a credit listed 
in subsection (b) of such section. For purposes of this subsection, the 
2018 qualified disaster employee retention credit for any taxable year 
is 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 in 
                a qualified disaster zone at any time during the 
                incident period of the qualified disaster with respect 
                to such qualified disaster zone, and
                    (B) with respect to whom the trade or business 
                described in subparagraph (A) is inoperable at any time 
                after the incident beginning date of such qualified 
                disaster, and before January 1, 2019, as a result of 
                damage sustained by reason of such qualified disaster.
            (2) Eligible employee.--The term ``eligible employee'' 
        means with respect to an eligible employer an employee whose 
        principal place of employment at any time during the incident 
        period of the qualified disaster referred to in paragraph (1) 
        with such eligible employer was in the qualified disaster zone 
        referred to in such paragraph.
            (3) Qualified wages.--The term ``qualified wages'' means 
        wages (as defined in section 51(c)(1) of the Internal Revenue 
        Code of 1986, 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 at any time after the incident 
        beginning date of the qualified disaster referred to in 
        paragraph (1), and before January 1, 2019, 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 the qualified disaster 
                referred to in such paragraph, 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) Certain Rules To Apply.--For purposes of this subsection, rules 
similar to the rules of sections 51(i)(1), 52, and 280C(a), of the 
Internal Revenue Code of 1986, shall apply.
    (d) Employee Not Taken Into Account More Than Once.--An employee 
shall not be treated as an eligible employee for purposes of this 
subsection for any period with respect to any employer if such employer 
is allowed a credit under section 51 of the Internal Revenue Code of 
1986 with respect to such employee for such period.

SEC. 5. OTHER DISASTER-RELATED TAX RELIEF PROVISIONS.

    (a) Temporary Suspension of Limitations on Charitable 
Contributions.--
            (1) In general.--Except as otherwise provided in paragraph 
        (2), subsection (b) of section 170 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 such section to other 
        contributions.
            (2) Treatment of excess contributions.--For purposes of 
        section 170 of the Internal Revenue Code of 1986--
                    (A) Individuals.--In the case of an individual--
                            (i) 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 (H) of section 
                        170(b)(1) of such Code) over the amount of all 
                        other charitable contributions allowed under 
                        section 170(b)(1) of such Code.
                            (ii) 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 clause (i), 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.
                    (B) Corporations.--In the case of a corporation--
                            (i) 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.
                            (ii) Carryover.--Rules similar to the rules 
                        of subparagraph (A)(ii) shall apply for 
                        purposes of this subparagraph.
            (3) Qualified contributions.--
                    (A) In general.--For purposes of this subsection, 
                the term ``qualified contribution'' means any 
                charitable contribution (as defined in section 170(c) 
                of the Internal Revenue Code of 1986) if--
                            (i) such contribution--
                                    (I) is paid during the period 
                                beginning on February 7, 2018, and 
                                ending on December 31, 2018, in cash to 
                                an organization described in section 
                                170(b)(1)(A) of such Code, and
                                    (II) is made for relief efforts in 
                                one or more qualified disaster areas,
                            (ii) the taxpayer obtains from such 
                        organization contemporaneous written 
                        acknowledgment (within the meaning of section 
                        170(f)(8) of such Code) that such contribution 
                        was used (or is to be used) for relief efforts 
                        described in clause (i)(II), and
                            (iii) the taxpayer has elected the 
                        application of this subsection with respect to 
                        such contribution.
                    (B) Exception.--Such term shall not include a 
                contribution by a donor if the contribution is--
                            (i) to an organization described in section 
                        509(a)(3) of the Internal Revenue Code of 1986, 
                        or
                            (ii) for the establishment of a new, or 
                        maintenance of an existing, donor advised fund 
                        (as defined in section 4966(d)(2) of such 
                        Code).
                    (C) Application of election to partnerships and s 
                corporations.--In the case of a partnership or S 
                corporation, the election under subparagraph (A)(iii) 
                shall be made separately by each partner or 
                shareholder.
    (b) Special Rules for Qualified Disaster-Related Personal Casualty 
Losses.--
            (1) In general.--If an individual has a net disaster loss 
        for any taxable year--
                    (A) the amount determined under section 
                165(h)(2)(A)(ii) of the Internal Revenue Code of 1986 
                shall be equal to the sum of--
                            (i) such net disaster loss, and
                            (ii) so much of the excess referred to in 
                        the matter preceding clause (i) of section 
                        165(h)(2)(A) of such Code (reduced by the 
                        amount in clause (i) of this subparagraph) as 
                        exceeds 10 percent of the adjusted gross income 
                        of the individual,
                    (B) section 165(h)(1) of such Code shall be applied 
                by substituting ``$500'' for ``$500 ($100 for taxable 
                years beginning after December 31, 2009)'',
                    (C) the standard deduction determined under section 
                63(c) of such Code shall be increased by the net 
                disaster loss, and
                    (D) section 56(b)(1)(E) of such Code shall not 
                apply to so much of the standard deduction as is 
                attributable to the increase under subparagraph (C) of 
                this paragraph.
            (2) Net disaster loss.--For purposes of this subsection, 
        the term ``net disaster loss'' means the excess of qualified 
        disaster-related personal casualty losses over personal 
        casualty gains (as defined in section 165(h)(3)(A) of the 
        Internal Revenue Code of 1986).
            (3) Qualified disaster-related personal casualty losses.--
        For purposes of this subsection, the term ``qualified disaster-
        related personal casualty losses'' means losses described in 
        section 165(c)(3) of the Internal Revenue Code of 1986 which 
        arise in a qualified disaster area on or after the incident 
        beginning date of the qualified disaster to which such area 
        relates, and which are attributable to such qualified disaster.
    (c) Special Rule for Determining Earned Income.--
            (1) In general.--In the case of a qualified individual, if 
        the earned income of the taxpayer for the applicable taxable 
        year 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--
                    (A) such earned income for the preceding taxable 
                year, for
                    (B) such earned income for the applicable taxable 
                year.
            (2) Qualified individual.--For purposes of this subsection, 
        the term ``qualified individual'' means any individual whose 
        principal place of abode at any time during the incident period 
        of any qualified disaster was located--
                    (A) in the qualified disaster zone with respect to 
                such qualified disaster, or
                    (B) in the qualified disaster area with respect to 
                such qualified disaster (but outside the qualified 
                disaster zone with respect to such qualified disaster) 
                and such individual was displaced from such principal 
                place of abode by reason of such qualified disaster.
            (3) Applicable taxable year.--The term ``applicable taxable 
        year'' means, with respect to any qualified individual, any 
        taxable year which includes any day during the incident period 
        of the qualified disaster to which the qualified disaster area 
        referred to in paragraph (2) relates.
            (4) Earned income.--For purposes of this subsection, the 
        term ``earned income'' has the meaning given such term under 
        section 32(c) of the Internal Revenue Code of 1986.
            (5) Special rules.--
                    (A) Application to joint returns.--For purposes of 
                paragraph (1), in the case of a joint return for an 
                applicable taxable year--
                            (i) such paragraph shall apply if either 
                        spouse is a qualified individual, and
                            (ii) 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.
                    (B) Uniform application of election.--Any election 
                made under paragraph (1) shall apply with respect to 
                both sections 24(d) and 32 of the Internal Revenue Code 
                of 1986.
                    (C) Errors treated as mathematical error.--For 
                purposes of section 6213 of the Internal Revenue Code 
                of 1986, an incorrect use on a return of earned income 
                pursuant to paragraph (1) shall be treated as a 
                mathematical or clerical error.
                    (D) No effect on determination of gross income, 
                etc.--Except as otherwise provided in this subsection, 
                the Internal Revenue Code of 1986 shall be applied 
                without regard to any substitution under paragraph (1).

SEC. 6. TREATMENT OF CERTAIN POSSESSIONS.

    (a) Payments to Guam and the Commonwealth of the Northern Mariana 
Islands.--The Secretary of the Treasury shall pay to Guam and the 
Commonwealth of the Northern Mariana Islands amounts equal to the loss 
to that possession by reason of the application of the provisions of 
this Act. Such amounts shall be determined by the Secretary of the 
Treasury based on information provided by the government of the 
respective possession.
    (b) Payments to American Samoa.--
            (1) In general.--The Secretary of the Treasury shall pay to 
        American Samoa amounts estimated by the Secretary of the 
        Treasury as being equal to the aggregate benefits that would 
        have been provided to residents of American Samoa by reason of 
        the provisions of this Act if a mirror code tax system had been 
        in effect in American Samoa. The preceding sentence shall not 
        apply unless American Samoa has a plan, which has been approved 
        by the Secretary of the Treasury, under which American Samoa 
        will promptly distribute such payments to its residents.
            (2) Mirror code tax system.--For purposes of this 
        subsection, the term ``mirror code tax system'' means, with 
        respect to any possession of the United States, the income tax 
        system of such possession if the income tax liability of the 
        residents of such possession under such system is determined by 
        reference to the income tax laws of the United States as if 
        such possession were the United States.
    (c) Treatment of Payments.--For purposes of section 1324 of title 
31, United States Code, the payments under this section shall be 
treated in the same manner as a refund due from a credit provision 
referred to in subsection (b)(2) of such section.

SEC. 7. AUTOMATIC EXTENSION OF FILING DEADLINE.

    (a) In General.--Section 7508A is amended by adding at the end the 
following new subsection:
    ``(d) Mandatory 60-Day Extension.--In the case of--
            ``(1) any individual whose principal place of abode is in a 
        disaster area (as defined in section 165(i)(5)(B)), and
            ``(2) any taxpayer if the taxpayer's principal place of 
        business (other than the business of performing services of an 
        employee) is located in a disaster area (as so defined),
the period beginning on the earliest incident date specified in the 
declaration to which such area relates and ending on the date which is 
60 days after the latest incident date so specified shall be 
disregarded in the same manner as a period specified under subsection 
(a).''.
    (b) Effective Date.--The amendment made by this section shall apply 
to federally declared disasters declared after December 31, 2018.
                                 <all>