[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2106 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2106

To amend the Internal Revenue Code of 1986 to provide a credit against 
               tax for disaster mitigation expenditures.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2023

Mr. Bennet (for himself and Mr. Cassidy) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend the Internal Revenue Code of 1986 to provide a credit against 
               tax for disaster mitigation expenditures.

    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 ``Shelter Act''.

SEC. 2. NONREFUNDABLE PERSONAL CREDIT FOR DISASTER MITIGATION 
              EXPENDITURES.

    (a) In General.--Subpart A of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by inserting after 
section 25E the following new section:

``SEC. 25F. DISASTER MITIGATION EXPENDITURES.

    ``(a) Allowance of Credit.--In the case of an individual, there 
shall be allowed as a credit against the tax imposed by this chapter 
for the taxable year an amount equal to 25 percent of the qualified 
disaster mitigation expenditures made by the taxpayer during such 
taxable year.
    ``(b) Maximum Credit.--
            ``(1) In general.--Subject to paragraphs (2) and (3), the 
        credit allowed under subsection (a) for any taxable year shall 
        not exceed $2,500.
            ``(2) Phaseout.--
                    ``(A) In general.--The amount under paragraph (1) 
                for the taxable year shall be reduced (but not below 
                zero) by an amount which bears the same ratio to the 
                amount under such paragraph as--
                            ``(i) the amount (not less than zero) equal 
                        to the adjusted gross income of the taxpayer 
                        for such taxable year minus $100,000, bears to
                            ``(ii) $50,000.
                    ``(B) Inflation adjustment.--In the case of any 
                taxable year after 2024, each of the dollar amounts 
                under subparagraph (A) shall be increased by an amount 
                equal to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the cost-of-living adjustment 
                        determined under section 1(f)(3) for the 
                        calendar year in which the taxable year begins, 
                        determined by substituting `calendar year 2023' 
                        for `calendar year 2016' in subparagraph 
                        (A)(ii) thereof.
                    ``(C) Rounding.--If any reduction determined under 
                subparagraph (A) is not a multiple of $50, or any 
                increase under subparagraph (B) is not a multiple of 
                $50, such amount shall be rounded to the nearest 
                multiple of $50.
            ``(3) Joint return.--If a joint return is filed by the 
        taxpayer for any taxable year--
                    ``(A) for purposes of determining the amount of any 
                credit allowed under subsection (a) for such taxable 
                year, the dollar amount under paragraph (1) shall be 
                doubled, and
                    ``(B) for purposes of determining the amount of any 
                reduction under paragraph (2)(A) for any taxable year, 
                the dollar amounts under such paragraph (after 
                application of subparagraphs (B) and (C) of paragraph 
                (2)) shall be doubled.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Qualified disaster mitigation expenditure.--
                    ``(A) In general.--The term `qualified disaster 
                mitigation expenditure' means an expenditure relating 
                to a qualified dwelling unit--
                            ``(i) for property to--
                                    ``(I) improve the strength of a 
                                roof deck attachment,
                                    ``(II) create a secondary water 
                                barrier to prevent water intrusion or 
                                mitigate against potential water 
                                intrusion from wind-driven rain,
                                    ``(III) improve the durability, 
                                impact resistance (not less than class 
                                3 or 4 rating), or fire resistance (not 
                                less than class A rating) of a roof 
                                covering,
                                    ``(IV) brace gable-end walls,
                                    ``(V) reinforce the connection 
                                between a roof and supporting wall,
                                    ``(VI) protect openings from 
                                penetration by wind-borne debris,
                                    ``(VII) protect exterior doors and 
                                garages from natural hazards,
                                    ``(VIII) complete measures 
                                contained in the publication of the 
                                Federal Emergency Management Agency 
                                entitled `Wind Retrofit Guide for 
                                Residential Buildings' (P-804),
                                    ``(IX) elevate the qualified 
                                dwelling unit, as well as utilities, 
                                machinery, or equipment, above the base 
                                flood elevation or other applicable 
                                minimum elevation requirement,
                                    ``(X) seal walls in the basement of 
                                the qualified dwelling unit using 
                                waterproofing compounds, or
                                    ``(XI) protect propane tanks or 
                                other external fuel sources,
                            ``(ii) to install--
                                    ``(I) check valves to prevent flood 
                                water from backing up into drains,
                                    ``(II) flood vents, breakaway walls 
                                or open lattice for homes located in V 
                                zones,
                                    ``(III) a stormwater drainage 
                                system or improve an existing system,
                                    ``(IV) natural or nature-based 
                                features for flood control, including 
                                living shorelines,
                                    ``(V) roof coverings, sheathing, 
                                flashing, roof and attic vents, eaves, 
                                or gutters that conform to ignition-
                                resistant construction standards,
                                    ``(VI) wall components for wall 
                                assemblies that conform to ignition-
                                resistant construction standards,
                                    ``(VII) a wall-to-foundation anchor 
                                or connector, or a shear transfer 
                                anchor or connector,
                                    ``(VIII) wood structural panel 
                                sheathing for strengthening cripple 
                                walls,
                                    ``(IX) anchorage of the masonry 
                                chimney to the framing,
                                    ``(X) prefabricated lateral 
                                resisting systems,
                                    ``(XI) a standby generator system 
                                consisting of a standby generator and 
                                an automatic transfer switch,
                                    ``(XII) a storm shelter that meets 
                                the design and construction standards 
                                established by the International Code 
                                Council and the National Storm Shelter 
                                Association (ICC-500), or a safe room 
                                that satisfies the criteria contained 
                                in--
                                            ``(aa) the publication of 
                                        the Federal Emergency 
                                        Management Agency entitled 
                                        `Safe Rooms for Tornadoes and 
                                        Hurricanes' (P-361), or
                                            ``(bb) the publication of 
                                        the Federal Emergency 
                                        Management Agency entitled 
                                        `Taking Shelter from the Storm' 
                                        (P-320),
                                    ``(XIII) a lightning protection 
                                system,
                                    ``(XIV) exterior walls, doors, 
                                windows, or other exterior dwelling 
                                unit elements that conform to ignition-
                                resistant construction standards,
                                    ``(XV) exterior deck or fence 
                                components that conform to ignition-
                                resistant construction standards,
                                    ``(XVI) structure-specific water 
                                hydration systems, including fire 
                                mitigation systems such as interior and 
                                exterior sprinkler systems,
                                    ``(XVII) water capture and delivery 
                                systems to accommodate drought events 
                                or to decrease water use, including the 
                                design of such systems,
                                    ``(XVIII) flood openings for fully 
                                enclosed areas below the lowest floor 
                                of the dwelling unit,
                                    ``(XIX) lateral bracing for wall 
                                elements, foundation elements, and 
                                garage doors or other large openings to 
                                resist seismic loads, or
                                    ``(XX) automatic shutoff valves for 
                                water and gas lines, or
                            ``(iii) for services or equipment to--
                                    ``(I) create buffers around the 
                                qualified dwelling unit through the 
                                removal or reduction of flammable 
                                vegetation, including vertical 
                                clearance of tree branches,
                                    ``(II) create buffers around the 
                                dwelling unit through--
                                            ``(aa) the removal of 
                                        exterior deck or fence 
                                        components or ignition-prone 
                                        landscape features, or
                                            ``(bb) replacement of the 
                                        components or features 
                                        described in item (aa) with 
                                        components or features that 
                                        conform to ignition-resistant 
                                        construction standards,
                                    ``(III) perform fire maintenance 
                                procedures identified by the Federal 
                                Emergency Management Agency or the 
                                United States Forest Service, including 
                                fuel management techniques such as 
                                creating fuel and fire breaks,
                                    ``(IV) gather and analyze water and 
                                weather data to better understand the 
                                local climate and drought history,
                                    ``(V) replace flammable vegetation 
                                with less flammable species,
                                    ``(VI) determine the risk of 
                                natural disasters which may occur in 
                                the area in which the qualified 
                                dwelling unit is located, or
                                    ``(VII) prevent smoke inhalation, 
                                such as air filters or other equipment 
                                designed to prevent smoke from entering 
                                the dwelling unit,
                            ``(iv) for property relating to satisfying 
                        the standards required for receipt of a 
                        FORTIFIED designation from the Insurance 
                        Institute for Business and Home Safety, 
                        provided that the qualified dwelling unit 
                        receives such designation following 
                        installation of such property, or
                            ``(v) for any other hazard mitigation 
                        activity which has been identified by the 
                        Secretary, in consultation with the 
                        Administrator of the Federal Emergency 
                        Management Agency, for mitigation of a natural 
                        hazard.
                    ``(B) Exception.--The term `qualified disaster 
                mitigation expenditure' shall not include any 
                expenditure or portion thereof which is paid, funded, 
                or reimbursed by a Federal, State, or local government 
                entity, or any political subdivision, agency, or 
                instrumentality thereof.
            ``(2) Qualified dwelling unit.--The term `qualified 
        dwelling unit' means a dwelling unit which is--
                    ``(A) located--
                            ``(i) in the United States or in a 
                        territory of the United States, and
                            ``(ii) in an area--
                                    ``(I) in which a Federal natural 
                                disaster declaration has been made 
                                within the preceding 5-year period,
                                    ``(II) which is adjacent to an area 
                                described in subclause (I),
                                    ``(III) which, during the taxable 
                                year or the period of the 5 taxable 
                                years preceding such taxable year, has 
                                received hazard mitigation assistance 
                                through the Federal Emergency 
                                Management Agency in regard to any 
                                natural disaster which, with respect to 
                                the expenditure described in paragraph 
                                (1) which is made by the taxpayer, is 
                                applicable to such expenditure, or
                                    ``(IV) which, with respect to any 
                                taxable year, has been designated as a 
                                community disaster resilience zone (as 
                                defined in section 206(a) of the Robert 
                                T. Stafford Disaster Relief and 
                                Emergency Assistance Act (42 U.S.C. 
                                5136(a))), and
                    ``(B) used as a residence by the taxpayer.
    ``(d) Limitation.--
            ``(1) In general.--In the case of an expenditure described 
        in clause (i) or (ii) of subsection (c)(1)(A), such expenditure 
        shall be taken into account in determining the qualified 
        disaster mitigation expenditures made by the taxpayer during 
        the taxable year only if the onsite preparation, assembly, or 
        original installation of the property with respect to which 
        such expenditure is made has been completed in a manner that is 
        deemed to be in compliance with the latest published editions 
        of relevant consensus-based codes, specifications, and 
        standards or any more restrictive Federal, State, or local 
        floodplain management standards and consistent with floodplain 
        management regulations for the local jurisdiction in which the 
        qualified dwelling unit is located.
            ``(2) Latest published editions.--The term `latest 
        published editions' means, with respect to relevant consensus-
        based codes, specifications, and standards, either of the 2 
        most recently published editions.
    ``(e) Labor Costs.--For purposes of this section, expenditures for 
labor costs properly allocable to the onsite preparation, assembly, or 
original installation of the property described in clause (i) or (ii) 
of subsection (c)(1)(A) shall be taken into account in determining the 
qualified disaster mitigation expenditures made by the taxpayer during 
the taxable year.
    ``(f) Inspection Costs.--For purposes of this section, expenditures 
for the cost of any inspection required under subsection (d) which is 
properly allocable to the inspection of the preparation, assembly, or 
installation of the property described in clause (i) or (ii) of 
subsection (c)(1)(A) shall be taken into account in determining the 
qualified disaster mitigation expenditures made by the taxpayer during 
the taxable year.
    ``(g) Carryforward of Unused Credit.--
            ``(1) In general.--If the credit allowable under subsection 
        (a) for any taxable year exceeds the applicable tax limit for 
        such taxable year, such excess shall be a carryover to each of 
        the 5 succeeding taxable years and, subject to the limitations 
        of paragraph (2), shall be added to the credit allowable by 
        subsection (a) for such succeeding taxable year.
            ``(2) Limitation.--The amount of the unused credit which 
        may be taken into account under paragraph (1) for any taxable 
        year shall not exceed the amount (if any) by which the 
        applicable tax limit for such taxable year exceeds the sum of--
                    ``(A) the credit allowable under subsection (a) for 
                such taxable year determined without regard to this 
                subsection, and
                    ``(B) the amounts which, by reason of this 
                subsection, are carried to such taxable year and are 
                attributable to taxable years before the unused credit 
                year.
            ``(3) Applicable tax limit.--For purposes of this 
        subsection, the term `applicable tax limit' means the 
        limitation imposed by section 26(a) for the taxable year 
        reduced by the sum of the credits allowable under this subpart 
        (other than this section).
    ``(h) Documentation.--Any taxpayer claiming the credit under this 
section shall provide the Secretary with adequate documentation 
regarding the specific qualified disaster mitigation expenditures made 
by the taxpayer during the taxable year, as well as such other 
information or documentation as the Secretary may require.''.
    (b) Conforming Amendment.--The table of sections for subpart A of 
part IV of subchapter A of chapter 1 of such Code is amended by 
inserting after the item relating to section 25E the following new 
item:

``Sec. 25F. Disaster mitigation expenditures.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2023.

SEC. 3. BUSINESS-RELATED CREDIT FOR DISASTER MITIGATION.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by inserting after 
section 45AA the following new section:

``SEC. 45BB. DISASTER MITIGATION CREDIT.

    ``(a) General Rule.--For purposes of section 38, the disaster 
mitigation credit determined under this section for any taxable year is 
an amount equal to 25 percent of the qualified disaster mitigation 
expenditures made by the taxpayer during the taxable year.
    ``(b) Maximum Credit.--
            ``(1) In general.--Subject to paragraph (2), the amount of 
        the credit determined under subsection (a) for any taxable year 
        shall not exceed $5,000.
            ``(2) Phaseout.--
                    ``(A) In general.--The amount under paragraph (1) 
                for the taxable year shall be reduced (but not below 
                zero) by an amount which bears the same ratio to the 
                amount under such paragraph as--
                            ``(i) the amount (not less than zero) equal 
                        to the average gross receipts of the taxpayer 
                        over the 3 preceding taxable years minus 
                        $5,000,000, bears to
                            ``(ii) $5,000,000.
                    ``(B) Inflation adjustment.--In the case of any 
                taxable year after 2024, each of the dollar amounts 
                under subparagraph (A) shall be increased by an amount 
                equal to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the cost-of-living adjustment 
                        determined under section 1(f)(3) for the 
                        calendar year in which the taxable year begins, 
                        determined by substituting `calendar year 2023' 
                        for `calendar year 2016' in subparagraph 
                        (A)(ii) thereof.
                    ``(C) Rounding.--If any reduction determined under 
                subparagraph (A) is not a multiple of $50, or any 
                increase under subparagraph (B) is not a multiple of 
                $50, such amount shall be rounded to the nearest 
                multiple of $50.
    ``(c) Qualified Disaster Mitigation Expenditure.--
            ``(1) In general.--For purposes of this section, the term 
        `qualified disaster mitigation expenditure' has the same 
        meaning given such term under paragraph (1) of section 25F(c), 
        except that `place of business' shall be substituted for 
        `qualified dwelling unit' each place it appears in such 
        paragraph.
            ``(2) Place of business.--For purposes of this section, an 
        expenditure shall not be treated as a qualified disaster 
        mitigation expenditure (as defined in paragraph (1)) unless the 
        taxpayer's place of business is located--
                    ``(A) in the United States or in a territory of the 
                United States, and
                    ``(B) in an area--
                            ``(i) in which a Federal natural disaster 
                        declaration has been made within the preceding 
                        5-year period,
                            ``(ii) which is adjacent to an area 
                        described in clause (i),
                            ``(iii) which, during the taxable year or 
                        the period of the 5 taxable years preceding 
                        such taxable year, has received hazard 
                        mitigation assistance through the Federal 
                        Emergency Management Agency in regard to any 
                        natural disaster which, with respect to the 
                        expenditure described in section 25F(c)(1) 
                        which is made by the taxpayer, is applicable to 
                        such expenditure, or
                            ``(iv) which, with respect to any taxable 
                        year, has been designated as a community 
                        disaster resilience zone (as defined in section 
                        206(a) of the Robert T. Stafford Disaster 
                        Relief and Emergency Assistance Act (42 U.S.C. 
                        5136(a))).
    ``(d) Special Rules.--Rules similar to the rules of subsections (d) 
through (g) of section 25F shall apply for purposes of this section.
    ``(e) No Double Benefit.--No credit shall be determined under this 
section with respect to any expenditures for which a credit was allowed 
under section 25F.''.
    (b) Conforming Amendments.--
            (1) Section 38(b) of such Code is amended by striking 
        ``plus'' at the end of paragraph (40), by striking the period 
        at the end of paragraph (41) and inserting ``, plus'', and by 
        adding at the end the following new paragraph:
            ``(42) the disaster mitigation credit determined under 
        section 45BB(a).''.
            (2) The table of sections for subpart D of part IV of 
        subchapter A of chapter 1 of such Code is amended by inserting 
        after the item relating to section 45AA the following new item:

``Sec. 45BB. Disaster mitigation credit.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2023.
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