[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3287 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3287
To amend the Internal Revenue Code of 1986 to provide for permanent
disaster relief.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 13, 2019
Mr. Rice of South Carolina introduced the following bill; which was
referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to provide for permanent
disaster relief.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Relief and Expedited Assistance
for Disasters Act of 2019'' or the ``TREAD Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) Qualified disaster area.--
(A) In general.--The term ``qualified disaster
area'' means any area with respect to which a major
disaster was declared on or after January 1, 2018, by
the President under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
if the incident period of the disaster with respect to
which such declaration is made begins on or after
January 1, 2018.
(B) Exception.--Such term shall not include the
California wildfire disaster area (as defined in
section 20101 of subdivision 2 of division B of the
Bipartisan Budget Act of 2018).
(2) 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.
(3) 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.
(4) Incident period.--The term ``incident period'' means,
with respect to any qualified disaster, the period specified by
the Federal Emergency Management Agency as the period during
which such disaster occurred.
SEC. 3. SPECIAL DISASTER-RELATED RULES FOR USE OF RETIREMENT FUNDS.
(a) Tax-Favored Withdrawals From Retirement Plans.--
(1) In general.--Section 72(t)(2) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subparagraph:
``(H) Distributions from retirement plans in
connection with federally declared disasters.--Any
qualified disaster distribution.''.
(2) Qualified disaster distribution.--Section 72(t) of such
Code is amended by adding at the end the following new
paragraph:
``(11) Qualified disaster distributions.--For purposes of
paragraph (2)(H)--
``(A) In general.--Except as provided in paragraph
(2), the term `qualified disaster distribution' means
any distribution from an eligible retirement plan made
after the incident beginning date of a qualified
disaster and on or before December 31 of the year after
the year in which the incident period with respect to
the disaster begins, 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) Limitation.--
``(i) In general.--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.
``(ii) Treatment of plan distributions.--If
a distribution to an individual would (without
regard to clause (i)) be a qualified disaster
distribution, a plan shall not be treated as
violating any requirement of this title 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.
``(iii) Controlled group.--For purposes of
clause (ii), the term `controlled group' means
any group treated as a single employer under
subsection (b), (c), (m), or (o) of section
414.
``(iv) Special rule for individuals
affected by more than one disaster.--The
limitation of clause (i) shall be applied
separately with respect to distributions made
with respect to each qualified disaster.
``(C) Amount distributed may be repaid.--
``(i) 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 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), as the
case may be.
``(ii) Treatment of repayments of
distributions from eligible retirement plans
other than iras.--If a contribution is made
pursuant to clause (i) 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.
``(iii) Treatment of repayments of
distributions from iras.--If a contribution is
made pursuant to clause (i) with respect to a
qualified disaster distribution from an
individual retirement plan, 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) and as having been transferred to the
eligible retirement plan in a direct trustee to
trustee transfer within 60 days of the
distribution.
``(D) Income inclusion spread over 3-year period.--
``(i) 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.
``(ii) Special rule.--For purposes of
clause (i), rules similar to the rules of
section 408A(d)(3)(E) shall apply.
``(E) Special rules.--
``(i) Exemption of distributions from
trustee to trustee transfer and withholding
rules.--For purposes of sections 401(a)(31),
402(f), and 3405, qualified disaster
distributions shall not be treated as eligible
rollover distributions.
``(ii) Qualified disaster distributions
treated as meeting plan distribution
requirements.--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).
``(F) Disaster definitions.--Any term which is used
in this paragraph and is also defined in section 2 of
the Tax Relief and Expedited Assistance for Disasters
Act of 2019 shall have the meaning given such term in
such section.''.
(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 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.
(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 the date that is
270 days before the first day of incident period of the
disaster, 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, with respect to any
qualified distribution, the period beginning on the first day
of the incident period of the disaster and ending on the date
that is 180 days after the last day of such incident period.
(c) Loans From Qualified Plans.--
(1) In general.--Section 72(p) of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
paragraph:
``(6) Increase in limit on loans not treated as
distributions.--
``(A) In general.--In the case of any loan from a
qualified employer plan to a qualified individual made
during the period beginning on the first date of the
incident period and ending on December 31 of the year
after the year in which such first date of the incident
period occurs--
``(i) clause (i) of paragraph (2)(A) shall
be applied by substituting `$100,000' for
`$50,000', and
``(ii) clause (ii) of such paragraph 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 respect to any qualified
disaster) with an outstanding loan during or after the
incident period (of such qualified disaster) from a
qualified employer plan--
``(i) if the due date pursuant to
subparagraph (B) or (C) of paragraph (2) 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 of the year after the
year in which the incident period with respect
to the disaster begins, such due date shall be
delayed for 1 year,
``(ii) any subsequent repayments with
respect to any such loan shall be appropriately
adjusted to reflect the delay in the due date
under clause (i) and any interest accruing
during such delay, and
``(iii) in determining the 5-year period
and the term of a loan under subparagraph (B)
or (C) of paragraph (2), the period described
in clause (i) of this subparagraph shall be
disregarded.
``(C) Qualified individual.--For purposes of this
paragraph, the term `qualified individual' means any
individual--
``(i) 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
``(ii) who has sustained an economic loss
by reason of such qualified disaster.
``(D) Disaster definitions.--Any term which used in
this paragraph and is also defined in section 2 of the
Tax Relief and Expedited Assistance for Disasters Act
of 2019 shall have the meaning given such term in such
section.''.
(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 (and any amendment made thereby), or
pursuant to any regulation issued by the
Secretary or the Secretary of Labor under any
such provision or amendment, 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.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45T. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS AFFECTED BY
QUALIFIED DISASTERS.
``(a) In General.--For purposes of section 38, in the case of an
eligible employer, the 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 of the year after the
year of such incident beginning date, 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), but without regard to
section 3306(b)(2)(B)) paid or incurred by an eligible employer
with respect to an eligible employee at any time during the
period described in paragraph (1)(B), and 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.
``(4) Disaster definitions.--Any term which is used in this
section and is also defined in section 2 of the Tax Relief and
Expedited Assistance for Disasters Act of 2019 shall have the
meaning given such term in such section 2.
``(c) Certain Rules To Apply.--For purposes of this subsection,
rules similar to the rules of sections 51(i)(1), 52, and 280C(a) 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 with respect to such employee for
such period.''.
(b) General Business Credit.--Section 38(b) of such Code is amended
by striking ``plus'' at the end of paragraph (31), by striking the
period at the end of paragraph (32) and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(33) the qualified disaster employee retention credit
determined under section 45T(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45T. Employee retention credit for employers affected by
qualified disasters.''.
(d) Effective Date.--The amendments made by this section shall
apply to disasters occurring after December 31, 2017.
SEC. 5. OTHER DISASTER-RELATED TAX RELIEF PROVISIONS.
(a) Temporary Suspension of Limitations on Charitable
Contributions.--Section 170 of the Internal Revenue Code of 1986 is
amended by redesignating subsection (p) as subsection (q) and by
inserting after subsection (o) the following new subsection:
``(p) Temporary Suspension of Limitations on Charitable
Contributions.--
``(1) In general.--Except as otherwise provided in
paragraph (2), subsection (b) shall not apply to qualified
contributions and such contributions shall not be taken into
account for purposes of applying subsections (b) and (d) to
other contributions.
``(2) Treatment of excess contributions.--
``(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 over the amount of all other
charitable contributions allowed under
subsection (b)(1).
``(ii) Carryover.--If the aggregate amount
of qualified contributions made in the
contribution year (within the meaning of
subsection (d)(1)) exceeds the limitation of
clause (i), such excess shall be added to the
excess described in the portion of subparagraph
(A) of such subsection which precedes clause
(i) thereof for purposes of applying such
subsection.
``(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 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 if--
``(i) such contribution--
``(I) is made for relief efforts in
one or more qualified disaster areas,
and
``(II) is paid during the period
beginning on the first day of the
incident period for any such disaster,
and ending on December 31 of the year
in which such incident period begins,
in cash to an organization described in
subsection (b)(1)(A),
``(ii) the taxpayer obtains from such
organization contemporaneous written
acknowledgment that such contribution was used
(or is to be used) for relief efforts described
in clause (i)(I), 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), or
``(ii) for the establishment of a new, or
maintenance of an existing, donor advised fund
(as defined in section 4966(d)(2)).
``(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.
``(4) Disaster definitions.--Any term which is used in this
subsection and is also defined in section 2 of the Tax Relief
and Expedited Assistance for Disasters Act of 2019 shall have
the meaning given such term in such section.''.
(b) Special Rules for Qualified Disaster-Related Personal Casualty
Losses.--Section 165(h) of such Code is amended by redesignating
paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6),
respectively, and by inserting after paragraph (2) the following new
paragraph:
``(3) Special rules for qualified disaster-related personal
casualty losses.--
``(A) In general.--If an individual has a net
disaster loss for any taxable year--
``(i) 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,
``(ii) paragraph (1) shall be applied by
substituting `$500' for `$500 ($100 for taxable
years beginning after December 31, 2009)',
``(iii) the standard deduction determined
under section 63(c) shall be increased by the
net disaster loss, and
``(iv) section 56(b)(1)(E) shall not apply
to so much of the standard deduction as is
attributable to the increase under subparagraph
(C) of this paragraph.
``(B) Net disaster loss.--For purposes of this
paragraph, the term `net disaster loss' means the
excess of qualified disaster-related personal casualty
losses over personal casualty gains.
``(C) Qualified disaster-related personal casualty
losses.--For purposes of this paragraph, the term
`qualified disaster-related personal casualty losses'
means losses described in subsection (c)(3) 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. Any term which used in this
subparagraph and is also defined in section 2 of the
Tax Relief and Expedited Assistance for Disasters Act
of 2019 shall have the meaning given such term in such
section.''.
(c) Special Rule for Determining Earned Income.--Section 32 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(n) 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 this section
and section 24(d) 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) Definition and special rules.--
``(A) Disaster definitions.--Any term which is used
in this subsection and is also defined in section 2 of
the Tax Relief and Expedited Assistance for Disasters
Act of 2019 shall have the meaning given such term in
such section.
``(B) 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.
``(C) Uniform application of election.--Any
election made under paragraph (1) shall apply with
respect to both this section and section 24(d).
``(D) Errors treated as mathematical error.--For
purposes of section 6213, an incorrect use on a return
of earned income pursuant to paragraph (1) shall be
treated as a mathematical or clerical error.
``(E) No effect on determination of gross income,
etc.--Except as otherwise provided in this subsection,
this title shall be applied without regard to any
substitution under paragraph (1).''.
(d) Child Tax Credit.--Section 24(d) of such Code is amended by
inserting after paragraph (2) the following new paragraph:
``(3) Special rule for determining earned income of
taxpayers affected by federally declared disasters.--For
election by qualified individuals with respect to certain
federally declared disasters to substitute earned income from
the preceding taxable year, see section 32(n).''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2017.
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 DEADLINES IN CASE OF CERTAIN
TAXPAYERS AFFECTED BY FEDERALLY DECLARED DISASTERS.
(a) In General.--Section 7508A of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(d) Mandatory 60-Day Extension.--
``(1) In general.--In the case of any qualified taxpayer,
the period--
``(A) beginning on the earliest incident date
specified in the declaration to which the disaster area
referred to in paragraph (2) relates, and
``(B) 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).
``(2) Qualified taxpayer.--For purposes of this subsection,
the term `qualified taxpayer' means--
``(A) any individual whose principal residence (for
purposes of section 1033(h)(4)) is located in a
disaster area,
``(B) any taxpayer if the taxpayer's principal
place of business (other than the business of
performing services as an employee) is located in a
disaster area,
``(C) any individual who is a relief worker
affiliated with a recognized government or
philanthropic organization and who is assisting in a
disaster area,
``(D) any taxpayer whose records necessary to meet
a deadline for an act described in section 7508(a)(1)
are maintained in a disaster area,
``(E) any individual visiting a disaster area who
was killed or injured as a result of the disaster, and
``(F) solely with respect to a joint return, any
spouse of an individual described in any preceding
subparagraph of this paragraph.
``(3) Disaster area.--For purposes of this subsection, the
term `disaster area' has the meaning given such term under
subparagraph (B) of section 165(i)(5) with respect to a
Federally declared disaster (as defined in subparagraph (A) of
such section).
``(4) Application to rules regarding pensions.--In the case
of any person described in subsection (b), a rule similar to
the rule of paragraph (1) shall apply for purposes of
subsection (b) with respect to--
``(A) making contributions to a qualified
retirement plan (within the meaning of section 4974(c))
under section 219(f)(3), 404(a)(6), 404(h)(1)(B), or
404(m)(2),
``(B) making distributions under section 408(d)(4),
``(C) recharacterizing contributions under section
408A(d)(6), and
``(D) making a rollover under section 402(c),
403(a)(4), 403(b)(8), or 408(d)(3).
``(5) Coordination with periods specified by the
secretary.--Any period described in paragraph (1) with respect
to any person (including by reason of the application of
paragraph (4)) shall be in addition to (or concurrent with, as
the case may be) any period specified under subsection (a) or
(b) with respect to such person.''.
(b) Effective Date.--The amendment made by this section shall apply
to federally declared disasters declared after the date of the
enactment of this Act.
<all>