[Congressional Record (Bound Edition), Volume 151 (2005), Part 20]
[House]
[Pages 27677-27688]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   GULF OPPORTUNITY ZONE ACT OF 2005

  Mr. McCRERY. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4440) to amend the Internal Revenue Code of 1986 to provide 
tax benefits for the Gulf Opportunity Zone and certain areas affected 
by Hurricanes Rita and Wilma, and for other purposes.
  The Clerk read as follows:

                               H.R. 4440

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

     SECTION 1. SHORT TITLE; ETC.

       (a) Short Title.--This Act may be cited as the ``Gulf 
     Opportunity Zone Act of 2005''.
       (b) Amendment of 1986 Code.--Except as otherwise expressly 
     provided, whenever in this Act an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Internal 
     Revenue Code of 1986.
       (c) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; etc.

            TITLE I--ESTABLISHMENT OF GULF OPPORTUNITY ZONE

Sec. 101. Tax benefits for Gulf Opportunity Zone.
Sec. 102. Federal guarantee of certain State bonds.

      TITLE II--TAX BENEFITS RELATED TO HURRICANES RITA AND WILMA

Sec. 201. Extension of certain emergency tax relief for Hurricane 
              Katrina to Hurricanes Rita and Wilma.

                      TITLE III--OTHER PROVISIONS

Sec. 301. Secretarial authority to extend period during which traveling 
              expenses are treated as incurred away from home in case 
              of major disaster.
Sec. 302. Gulf Coast Recovery Bonds.

            TITLE I--ESTABLISHMENT OF GULF OPPORTUNITY ZONE

     SEC. 101. TAX BENEFITS FOR GULF OPPORTUNITY ZONE.

       (a) In General.--Subchapter Y of chapter 1 is amended by 
     adding at the end the following new part:

           ``PART II--TAX BENEFITS FOR GULF OPPORTUNITY ZONE

``Sec. 1400M. Definitions.
``Sec. 1400N. Tax benefits for Gulf Opportunity Zone.

     ``SEC. 1400M. DEFINITIONS.

       ``For purposes of this part--
       ``(1) Gulf opportunity zone.--The terms `Gulf Opportunity 
     Zone' and `GO Zone' mean that portion of the Hurricane 
     Katrina disaster area determined by the President to warrant 
     individual or individual and public assistance from the 
     Federal Government under the Robert T. Stafford Disaster 
     Relief

[[Page 27678]]

     and Emergency Assistance Act by reason of Hurricane Katrina.
       ``(2) Hurricane katrina disaster area.--The term `Hurricane 
     Katrina disaster area' means an area with respect to which a 
     major disaster has been declared by the President before 
     September 14, 2005, under section 401 of such Act by reason 
     of Hurricane Katrina.
       ``(3) Rita go zone.--The term `Rita GO Zone' means that 
     portion of the Hurricane Rita disaster area determined by the 
     President to warrant individual or individual and public 
     assistance from the Federal Government under such Act by 
     reason of Hurricane Rita.
       ``(4) Hurricane rita disaster area.--The term `Hurricane 
     Rita disaster area' means an area with respect to which a 
     major disaster has been declared by the President, before 
     October 6, 2005, under section 401 of such Act by reason of 
     Hurricane Rita.
       ``(5) Wilma go zone.--The term `Wilma GO Zone' means that 
     portion of the Hurricane Wilma disaster area determined by 
     the President to warrant individual or individual and public 
     assistance from the Federal Government under such Act by 
     reason of Hurricane Wilma.
       ``(6) Hurricane wilma disaster area.--The term `Hurricane 
     Wilma disaster area' means an area with respect to which a 
     major disaster has been declared by the President, before 
     November 14, 2005, under section 401 of such Act by reason of 
     Hurricane Wilma.

     ``SEC. 1400N. TAX BENEFITS FOR GULF OPPORTUNITY ZONE.

       ``(a) Tax-Exempt Bond Financing.--
       ``(1) In general.--For purposes of this title--
       ``(A) any qualified Gulf Opportunity Zone Bond described in 
     paragraph (2)(A)(i) shall be treated as an exempt facility 
     bond, and
       ``(B) any qualified Gulf Opportunity Zone Bond described in 
     paragraph (2)(A)(ii) shall be treated as a qualified mortgage 
     bond.
       ``(2) Qualified gulf opportunity zone bond.--For purposes 
     of this subsection, the term `qualified Gulf Opportunity Zone 
     Bond' means any bond issued as part of an issue if--
       ``(A)(i) 95 percent or more of the net proceeds (as defined 
     in section 150(a)(3)) of such issue are to be used for 
     qualified project costs, or
       ``(ii) such issue meets the requirements of a qualified 
     mortgage issue, except as otherwise provided in this 
     subsection,
       ``(B) such bond is issued by the State of Alabama, 
     Louisiana, or Mississippi, or any political subdivision 
     thereof,
       ``(C) such bond is designated for purposes of this section 
     by--
       ``(i) in the case of a bond which is required under State 
     law to be approved by the bond commission of such State, such 
     bond commission, and
       ``(ii) in the case of any other bond, the Governor of such 
     State, and
       ``(D) such bond is issued after the date of the enactment 
     of this section and before January 1, 2011.
       ``(3) Limitations on bonds.--
       ``(A) Aggregate amount designated.--The maximum aggregate 
     face amount of bonds which may be designated under this 
     subsection with respect to any State shall not exceed the 
     product of $2,500 multiplied by the portion of the State 
     population which is in the Gulf Opportunity Zone (as 
     determined on the basis of the most recent census estimate of 
     resident population released by the Bureau of Census before 
     August 28, 2005).
       ``(B) Movable property.--No bonds shall be issued which are 
     to be used for movable fixtures and equipment.
       ``(4) Qualified project costs.--For purposes of this 
     subsection, the term `qualified project costs' means the cost 
     of acquisition, construction, reconstruction, and renovation 
     of--
       ``(A) nonresidential real property and qualified 
     residential rental property (as defined in section 142(d)) 
     located in the Gulf Opportunity Zone, and
       ``(B) public utility property (as defined in section 
     168(i)(10)) located in the Gulf Opportunity Zone.
       ``(5) Special rules.--In applying this title to any 
     qualified Gulf Opportunity Zone Bond, the following 
     modifications shall apply:
       ``(A) Section 142(d)(1) (defining qualified residential 
     rental project) shall be applied--
       ``(i) by substituting `60 percent' for `50 percent' in 
     subparagraph (A) thereof, and
       ``(ii) by substituting `70 percent' for `60 percent' in 
     subparagraph (B) thereof.
       ``(B) Section 143 (relating to mortgage revenue bonds: 
     qualified mortgage bond and qualified veterans' mortgage 
     bond) shall be applied--
       ``(i) by treating only residences in the Gulf Opportunity 
     Zone as owner-occupied residences,
       ``(ii) by treating any residence in the Gulf Opportunity 
     Zone as a targeted area residence, and
       ``(iii) by substituting `$150,000' for `$15,000' in 
     subsection (k)(4) thereof.
       ``(C) Except as provided in section 143, repayments of 
     principal on financing provided by the issue of which such 
     bond is a part may not be used to provide financing.
       ``(D) Section 146 (relating to volume cap) shall not apply.
       ``(E) Section 147(d)(2) (relating to acquisition of 
     existing property not permitted) shall be applied by 
     substituting `50 percent' for `15 percent' each place it 
     appears.
       ``(F) Section 148(f)(4)(C) (relating to exception from 
     rebate for certain proceeds to be used to finance 
     construction expenditures) shall apply to the available 
     construction proceeds of bonds which are part of an issue 
     described in paragraph (2)(A)(i).
       ``(G) Section 57(a)(5) (relating to tax-exempt interest) 
     shall not apply.
       ``(6) Separate issue treatment of portions of an issue.--
     This subsection shall not apply to the portion of an issue 
     which (if issued as a separate issue) would be treated as a 
     qualified bond or as a bond that is not a private activity 
     bond (determined without regard to paragraph (1)), if the 
     issuer elects to so treat such portion.
       ``(b) Advance Refundings of Certain Tax-Exempt Bonds.--
       ``(1) In general.--With respect to a bond described in 
     paragraph (3) which is not a qualified 501(c)(3) bond, one 
     additional advance refunding after the date of the enactment 
     of this section and before January 1, 2011, shall be allowed 
     under the applicable rules of section 149(d) if--
       ``(A) the Governor of the State designates the advance 
     refunding bond for purposes of this subsection, and
       ``(B) the requirements of paragraph (5) are met.
       ``(2) Certain private activity bonds.--With respect to a 
     bond described in paragraph (3) which is an exempt facility 
     bond described in paragraph (1) or (2) of section 142(a), one 
     advance refunding after the date of the enactment of this 
     section and before January 1, 2011, shall be allowed under 
     the applicable rules of section 149(d) (notwithstanding 
     paragraph (2) thereof) if the requirements of subparagraphs 
     (A) and (B) of paragraph (1) are met.
       ``(3) Bonds described.--A bond is described in this 
     paragraph if such bond was outstanding on August 28, 2005, 
     and is issued by the State of Alabama, Louisiana, or 
     Mississippi, or a political subdivision thereof.
       ``(4) Aggregate limit.--The maximum aggregate face amount 
     of bonds which may be designated under this subsection by the 
     Governor of a State shall not exceed--
       ``(A) $4,500,000,000 in the case of the State of Louisiana,
       ``(B) $2,250,000,000 in the case of the State of 
     Mississippi, and
       ``(C) $1,125,000,000 in the case of the State of Alabama.
       ``(5) Additional requirements.--The requirements of this 
     paragraph are met with respect to any advance refunding of a 
     bond described in paragraph (3) if--
       ``(A) no advance refundings of such bond would be allowed 
     under this title on or after August 28, 2005,
       ``(B) the advance refunding bond is the only other 
     outstanding bond with respect to the refunded bond, and
       ``(C) the requirements of section 148 are met with respect 
     to all bonds issued under this subsection.
       ``(c) Low-Income Housing Credit.--
       ``(1) Additional housing credit dollar amount.--
       ``(A) In general.--For purposes of section 42, in the case 
     of calendar years 2006, 2007, and 2008, the State housing 
     credit ceiling of each State, any portion of which is located 
     in the Gulf Opportunity Zone, shall be increased by the 
     lesser of--
       ``(i) the aggregate housing credit dollar amount allocated 
     by the State housing credit agency of such State to buildings 
     located in the Gulf Opportunity Zone for such calendar year, 
     or
       ``(ii) the Gulf Opportunity housing amount for such State 
     for such calendar year.
       ``(B) Gulf opportunity housing amount.--For purposes of 
     subparagraph (A), the term `Gulf Opportunity housing amount' 
     means, for any calendar year, the amount equal to the product 
     of $18.00 multiplied by the portion of the State population 
     which is in the Gulf Opportunity Zone (as determined on the 
     basis of the most recent census estimate of resident 
     population released by the Bureau of Census before August 28, 
     2005).
       ``(C) Allocations treated as made first from additional 
     allocation amount for purposes of determining carryover.--For 
     purposes of determining the unused State housing credit 
     ceiling under section 42(h)(3)(C) for any calendar year, any 
     increase in the State housing credit ceiling under 
     subparagraph (A) shall be treated as an amount described in 
     clause (ii) of such section.
       ``(2) Difficult development area.--
       ``(A) In general.--For purposes of section 42, in the case 
     of property placed in service during 2006, 2007, or 2008, the 
     Gulf Opportunity Zone--
       ``(i) shall be treated as a difficult development area 
     designated under subclause (I) of section 42(d)(5)(C)(iii), 
     and
       ``(ii) shall not be taken into account for purposes of 
     applying the limitation under subclause (II) of such section.
       ``(B) Application.--Subparagraph (A) shall apply only to--
       ``(i) housing credit dollar amounts allocated during the 
     period beginning on January 1, 2006, and ending on December 
     31, 2008, and
       ``(ii) buildings placed in service during such period to 
     the extent that paragraph (1) of section 42(h) does not apply 
     to any building by reason of paragraph (4) thereof, but

[[Page 27679]]

     only with respect to bonds issued after December 31, 2005.
       ``(3) Special rule for applying income tests.--In the case 
     of property placed in service--
       ``(A) during 2006, 2007, or 2008,
       ``(B) in the Gulf Opportunity Zone, and
       ``(C) in a nonmetropolitan area (as defined in section 
     42(d)(5)(C)(iv)(IV)),
     section 42 shall be applied by substituting `national 
     nonmetropolitan median gross income (determined under rules 
     similar to the rules of section 142(d)(2)(B))' for `area 
     median gross income' in subparagraphs (A) and (B) of section 
     42(g)(1).
       ``(4) Definitions.--Any term used in this subsection which 
     is also used in section 42 shall have the same meaning as 
     when used in such section.
       ``(d) Special Allowance for Certain Property Acquired on or 
     After August 28, 2005.--
       ``(1) Additional allowance.--In the case of any qualified 
     Gulf Opportunity Zone property--
       ``(A) the depreciation deduction provided by section 167(a) 
     for the taxable year in which such property is placed in 
     service shall include an allowance equal to 50 percent of the 
     adjusted basis of such property, and
       ``(B) the adjusted basis of the qualified Gulf Opportunity 
     Zone property shall be reduced by the amount of such 
     deduction before computing the amount otherwise allowable as 
     a depreciation deduction under this chapter for such taxable 
     year and any subsequent taxable year.
       ``(2) Qualified gulf opportunity zone property.-- For 
     purposes of this subsection--
       ``(A) In general.--The term `qualified Gulf Opportunity 
     Zone property' means property--
       ``(i)(I) which is described in section 168(k)(2)(A)(i), or
       ``(II) which is nonresidential real property or residential 
     rental property,
       ``(ii) substantially all of the use of which is in the Gulf 
     Opportunity Zone and is in the active conduct of a trade or 
     business by the taxpayer in such Zone,
       ``(iii) the original use of which in the Gulf Opportunity 
     Zone commences with the taxpayer on or after August 28, 2005,
       ``(iv) which is acquired by the taxpayer by purchase (as 
     defined in section 179(d)) on or after August 28, 2005, but 
     only if no written binding contract for the acquisition was 
     in effect before August 28, 2005, and
       ``(v) which is placed in service by the taxpayer on or 
     before December 31, 2007 (December 31, 2008, in the case of 
     nonresidential real property and residential rental 
     property).
       ``(B) Exceptions.--
       ``(i) Alternative depreciation property.--Such term shall 
     not include any property described in section 
     168(k)(2)(D)(i).
       ``(ii) Tax-exempt bond-financed property.--Such term shall 
     not include any property any portion of which is financed 
     with the proceeds of any obligation the interest on which is 
     exempt from tax under section 103.
       ``(iii) Qualified revitalization buildings.--Such term 
     shall not include any qualified revitalization building with 
     respect to which the taxpayer has elected the application of 
     paragraph (1) or (2) of section 1400I(a).
       ``(iv) Election out.--If a taxpayer makes an election under 
     this clause with respect to any class of property for any 
     taxable year, this subsection shall not apply to all property 
     in such class placed in service during such taxable year.
       ``(3) Special rules.--For purposes of this subsection, 
     rules similar to the rules of subparagraph (E) of section 
     168(k)(2) shall apply, except that such subparagraph shall be 
     applied--
       ``(A) by substituting `August 27, 2005' for `September 10, 
     2001' each place it appears therein,
       ``(B) by substituting `January 1, 2008' for `January 1, 
     2005' in clause (i) thereof, and
       ``(C) by substituting `qualified Gulf Opportunity Zone 
     property' for `qualified property' in clause (iv) thereof.
       ``(4) Allowance against alternative minimum tax.--For 
     purposes of this subsection, rules similar to the rules of 
     section 168(k)(2)(G) shall apply.
       ``(5) Recapture.--For purposes of this subsection, rules 
     similar to the rules under section 179(d)(10) shall apply 
     with respect to any qualified Gulf Opportunity Zone property 
     which ceases to be qualified Gulf Opportunity Zone property.
       ``(e) Increase in Expensing Under Section 179.--
       ``(1) In general.--For purposes of section 179--
       ``(A) the dollar amount in effect under section 179(b)(1) 
     for the taxable year shall be increased by the lesser of--
       ``(i) $100,000, or
       ``(ii) the cost of qualified section 179 Gulf Opportunity 
     Zone property placed in service during the taxable year, and
       ``(B) the the dollar amount in effect under section 
     179(b)(2) for the taxable year shall be increased by the 
     lesser of--
       ``(i) $600,000, or
       ``(ii) the cost of qualified section 179 Gulf Opportunity 
     Zone property placed in service during the taxable year.
       ``(2) Qualified section 179 gulf opportunity zone 
     property.--For purposes of this subsection, the term 
     `qualified section 179 Gulf Opportunity Zone property' means 
     section 179 property (as defined in section 179(d)) which is 
     qualified Gulf Opportunity Zone property (as defined in 
     subsection (d)(2)).
       ``(3) Coordination with empowerment zones and renewal 
     communities.--For purposes of sections 1397A and 1400J, 
     qualified section 179 Gulf Opportunity Zone property shall 
     not be treated as qualified zone property or qualified 
     renewal property, unless the taxpayer elects not to take such 
     qualified section 179 Gulf Opportunity Zone property into 
     account for purposes of this subsection.
       ``(4) Recapture.--For purposes of this subsection, rules 
     similar to the rules under section 179(d)(10) shall apply 
     with respect to any qualified section 179 Gulf Opportunity 
     Zone property which ceases to be qualified section 179 Gulf 
     Opportunity Zone property.
       ``(f) Expensing for Certain Demolition and Clean-Up 
     Costs.--
       ``(1) In general.--A taxpayer may elect to treat 50 percent 
     of any qualified Gulf Opportunity Zone clean-up cost as an 
     expense which is not chargeable to capital account. Any cost 
     so treated shall be allowed as a deduction for the taxable 
     year in which such cost is paid or incurred.
       ``(2) Qualified gulf opportunity zone clean-up cost.--For 
     purposes of this subsection, the term `qualified Gulf 
     Opportunity Zone clean-up cost' means any amount paid or 
     incurred during the period beginning on August 28, 2005, and 
     ending on December 31, 2007, for the removal of debris from, 
     or the demolition of structures on, real property which is 
     located in the Gulf Opportunity Zone and which is--
       ``(A) held by the taxpayer for use in a trade or business 
     or for the production of income, or
       ``(B) property described in section 1221(a)(1) in the hands 
     of the taxpayer.
     For purposes of the preceding sentence, amounts paid or 
     incurred shall be taken into account only to the extent that 
     such amount would (but for paragraph (1)) be chargeable to 
     capital account.
       ``(g) Extension of Expensing for Environmental Remediation 
     Costs.--With respect to any qualified environmental 
     remediation expenditure (as defined in section 198(b)) paid 
     or incurred on or after August 28, 2005, in connection with a 
     qualified contaminated site located in the Gulf Opportunity 
     Zone, section 198 (relating to expensing of environmental 
     remediation costs) shall be applied--
       ``(1) in the case of expenditures paid or incurred on or 
     after August 28, 2005, and before January 1, 2008, by 
     substituting `December 31, 2007' for the date contained in 
     section 198(h), and
       ``(2) except as provided in section 198(d)(2), by treating 
     petroleum products (as defined in section 4612(a)(3)) as a 
     hazardous substance.
       ``(h) Increase in Rehabilitation Credit.--In the case of 
     qualified rehabilitation expenditures (as defined in section 
     47(c)) paid or incurred during the period beginning on August 
     28, 2005, and ending on December 31, 2008, with respect to 
     any qualified rehabilitated building or certified historic 
     structure (as defined in section 47(c)) located in the Gulf 
     Opportunity Zone, subsection (a) of section 47 (relating to 
     rehabilitation credit) shall be applied--
       ``(1) by substituting `13 percent' for `10 percent' in 
     paragraph (1) thereof, and
       ``(2) by substituting `26 percent' for `20 percent' in 
     paragraph (2) thereof.
       ``(i) Special Rules for Small Timber Producers.--
       ``(1) Increased expensing for qualified timber property.--
     In the case of qualified timber property any portion of which 
     is located in the Gulf Opportunity Zone or in that portion of 
     the Rita GO Zone which is not part of the Gulf Opportunity 
     Zone, the limitation under subparagraph (B) of section 
     194(b)(1) shall be increased by the lesser of--
       ``(A) the limitation which would (but for this subsection) 
     apply under such subparagraph, or
       ``(B) the amount of reforestation expenditures (as defined 
     in section 194(c)(3)) paid or incurred by the taxpayer with 
     respect to such qualified timber property during the 
     specified portion of the taxable year.
       ``(2) 5 year nol carryback of certain timber losses.--For 
     purposes of determining farming loss under section 172(i), 
     income and deductions which are allocable to the specified 
     portion of the taxable year and which are attributable to 
     qualified timber property any portion of which is located in 
     the Gulf Opportunity Zone or in that portion of the Rita GO 
     Zone which is not part of the Gulf Opportunity Zone shall be 
     treated as attributable to farming businesses.
       ``(3) Rules not applicable to large timber producers.--
       ``(A) Expensing.--Paragraph (1) shall not apply to any 
     taxpayer if such taxpayer holds more than 500 acres of 
     qualified timber property at any time during the taxable 
     year.
       ``(B) NOL carryback.--Paragraph (2) shall not apply with 
     respect to any qualified timber property unless--
       ``(i) such property was held by the taxpayer--

       ``(I) on August 28, 2005, in the case of qualified timber 
     property any portion of which is located in the Gulf 
     Opportunity Zone, or

[[Page 27680]]

       ``(II) on September 23, 2005, in the case of qualified 
     timber property (other than property described in subclause 
     (I)) any portion of which is located in that portion of the 
     Rita GO Zone which is not part of the Gulf Opportunity Zone, 
     and

       ``(ii) such taxpayer held not more than 500 acres of 
     qualified timber property on such date.
       ``(C) Aggregation rule.--For purposes of subparagraphs (A) 
     and (B), related persons shall be treated as one taxpayer. 
     For purposes of the preceding sentence, the following shall 
     be treated as related persons--
       ``(i) 2 or more persons if the relationship between such 
     persons would result in a disallowance of losses under 
     section 267 or 707(b), and
       ``(ii) 2 or more persons which are members of the same 
     controlled group (within the meaning of section 194(b)(2)(A)) 
     of corporations.
     For purposes of clause (i), section 267 shall be applied 
     without regard to subsection (b)(1) thereof.
       ``(4) Definitions.--For purposes of this subsection--
       ``(A) Specified portion.--The term `specified portion' 
     means--
       ``(i) in the case of qualified timber property any portion 
     of which is located in the Gulf Opportunity Zone, that 
     portion of the taxable year which is on or after August 28, 
     2005, and before January 1, 2007, and
       ``(ii) in the case of qualified timber property (other than 
     property described in clause (i)) any portion of which is 
     located in the Rita GO Zone, that portion of the taxable year 
     which is on or after September 23, 2005, and before January 
     1, 2007.
       ``(B) Qualified timber property.--The term `qualified 
     timber property' has the meaning given such term in section 
     194(c)(1).
       ``(j) Special Rule for Gulf Opportunity Zone Public Utility 
     Casualty Losses.--
       ``(1) In general.--The amount described in section 
     172(f)(1)(A) for any taxable year shall be increased by the 
     Gulf Opportunity Zone public utility casualty loss for such 
     taxable year.
       ``(2) Gulf opportunity zone public utility casualty loss.--
     For purposes of this subsection, the term `Gulf Opportunity 
     Zone public utility casualty loss' means any casualty loss of 
     public utility property (as defined in section 168(i)(10)) 
     located in the Gulf Opportunity Zone if--
       ``(A) such loss is allowed as a deduction under section 165 
     for the taxable year,
       ``(B) such loss is by reason of Hurricane Katrina, and
       ``(C) the taxpayer elects the application of this 
     subsection with respect to such loss.
       ``(3) Reduction for gains from involuntary conversion.--The 
     amount of Gulf Opportunity Zone public utility casualty loss 
     which would (but for this paragraph) be taken into account 
     under paragraph (1) for any taxable year shall be reduced by 
     the amount of any gain recognized by the taxpayer for such 
     year from the involuntary conversion by reason of Hurricane 
     Katrina of public utility property (as so defined) located in 
     the Gulf Opportunity Zone.
       ``(4) Coordination with general disaster loss rules.--
     Section 165(i) shall not apply to any Gulf Opportunity Zone 
     public utility casualty loss to the extent such loss is taken 
     into account under paragraph (1).
       ``(5) Election.--Any election under paragraph (2)(C) shall 
     be made in such manner as may be prescribed by the Secretary 
     and shall be made by the due date (including extensions of 
     time) for filing the taxpayer's return for the taxable year 
     of the loss. Such election, once made for any taxable year, 
     shall be irrevocable for such taxable year.
       ``(k) Special NOL Carryback of Cost Recovery Deductions for 
     Qualified GO Zone Property.--
       ``(1) In general.--For purposes of section 172, the GO Zone 
     cost recovery loss for any taxable year ending on or after 
     August 28, 2005, and before January 1, 2009, shall be a net 
     operating loss carryback to each of the 5 taxable years 
     preceding the taxable year of the loss.
       ``(2) GO zone cost recovery loss.--For purposes of this 
     subsection, the term `GO Zone cost recovery loss' means, with 
     respect to any taxable year, the lesser of--
       ``(A) the aggregate amount of the deductions allowed under 
     sections 167 and 168 with respect to qualified Gulf 
     Opportunity Zone property (as defined in subsection (d)(2), 
     but without regard to subparagraph (B)(iv) thereof) which is 
     placed in service during such taxable year, or
       ``(B) the excess of--
       ``(i) the net operating loss for such taxable year, over
       ``(ii) the specified liability loss for such taxable year 
     to which a 10-year carryback applies under section 
     172(b)(1)(C).
       ``(3) Coordination with ordering rule.--For purposes of 
     applying section 172(b)(2), a GO Zone cost recovery loss to 
     which paragraph (1) applies shall be treated in a manner 
     similar to the manner in which a specified liability loss is 
     treated.
       ``(4) Election out.--A rule similar to the rule of section 
     172(j) shall apply for purposes of this subsection.
       ``(l) Credit to Holders of Gulf Tax Credit Bonds.--
       ``(1) Allowance of credit.--If a taxpayer holds a Gulf tax 
     credit bond on one or more credit allowance dates of the bond 
     occurring during any taxable year, there shall be allowed as 
     a credit against the tax imposed by this chapter for the 
     taxable year an amount equal to the sum of the credits 
     determined under paragraph (2) with respect to such dates.
       ``(2) Amount of credit.--
       ``(A) In general.--The amount of the credit determined 
     under this paragraph with respect to any credit allowance 
     date for a Gulf tax credit bond is 25 percent of the annual 
     credit determined with respect to such bond.
       ``(B) Annual credit.--The annual credit determined with 
     respect to any Gulf tax credit bond is the product of--
       ``(i) the credit rate determined by the Secretary under 
     subparagraph (C) for the day on which such bond was sold, 
     multiplied by
       ``(ii) the outstanding face amount of the bond.
       ``(C) Determination.--For purposes of subparagraph (B), 
     with respect to any Gulf tax credit bond, the Secretary shall 
     determine daily or cause to be determined daily a credit rate 
     which shall apply to the first day on which there is a 
     binding, written contract for the sale or exchange of the 
     bond. The credit rate for any day is the credit rate which 
     the Secretary or the Secretary's designee estimates will 
     permit the issuance of Gulf tax credit bonds with a specified 
     maturity or redemption date without discount and without 
     interest cost to the issuer.
       ``(D) Credit allowance date.--For purposes of this 
     subsection, the term `credit allowance date' means March 15, 
     June 15, September 15, and December 15. Such term also 
     includes the last day on which the bond is outstanding.
       ``(E) Special rule for issuance and redemption.--In the 
     case of a bond which is issued during the 3-month period 
     ending on a credit allowance date, the amount of the credit 
     determined under this paragraph with respect to such credit 
     allowance date shall be a ratable portion of the credit 
     otherwise determined based on the portion of the 3-month 
     period during which the bond is outstanding. A similar rule 
     shall apply when the bond is redeemed or matures.
       ``(3) Limitation based on amount of tax.--The credit 
     allowed under paragraph (1) for any taxable year shall not 
     exceed the excess of--
       ``(A) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over
       ``(B) the sum of the credits allowable under part IV of 
     subchapter A (other than subpart C and this subsection).
       ``(4) Gulf tax credit bond.--For purposes of this 
     subsection--
       ``(A) In general.--The term `Gulf tax credit bond' means 
     any bond issued as part of an issue if--
       ``(i) the bond is issued by the State of Alabama, 
     Louisiana, or Mississippi,
       ``(ii) 95 percent or more of the proceeds of such issue are 
     to be used to--

       ``(I) pay principal, interest, or premiums on qualified 
     bonds issued by such State or any political subdivision of 
     such State, or
       ``(II) make a loan to any political subdivision of such 
     State to pay principal, interest, or premiums on qualified 
     bonds issued by such political subdivision,

       ``(iii) the Governor of such State designates such bond for 
     purposes of this subsection,
       ``(iv) the bond is a general obligation of such State and 
     is in registered form (within the meaning of section 149(a)),
       ``(v) the maturity of such bond does not exceed 2 years, 
     and
       ``(vi) the bond is issued after December 31, 2005, and 
     before January 1, 2007.
       ``(B) State matching requirement.--A bond shall not be 
     treated as a Gulf tax credit bond unless--
       ``(i) the issuer of such bond pledges as of the date of the 
     issuance of the issue an amount equal to the face amount of 
     such bond to be used for payments described in subclause (I) 
     of subparagraph (A)(ii), or loans described in subclause (II) 
     of such subparagraph, as the case may be, with respect to the 
     issue of which such bond is a part, and
       ``(ii) any such payment or loan is made in equal amounts 
     from the proceeds of such issue and from the amount pledged 
     under clause (i).

     The requirement of clause (ii) shall be treated as met with 
     respect to any such payment or loan made during the 1-year 
     period beginning on the date of the issuance (or any 
     successor 1-year period) if such requirement is met when 
     applied with respect to the aggregate amount of such payments 
     and loans made during such period.
       ``(C) Aggregate limit on bond designations.--The maximum 
     aggregate face amount of bonds which may be designated under 
     this subsection by the Governor of a State shall not exceed--
       ``(i) $200,000,000 in the case of the State of Louisiana,
       ``(ii) $100,000,000 in the case of the State of 
     Mississippi, and
       ``(iii) $50,000,000 in the case of the State of Alabama.
       ``(D) Special rules relating to arbitrage.--A bond which is 
     part of an issue shall not be treated as a Gulf tax credit 
     bond unless, with respect to the issue of which the

[[Page 27681]]

     bond is a part, the issuer satisfies the arbitrage 
     requirements of section 148 with respect to proceeds of the 
     issue and any loans made with such proceeds.
       ``(5) Qualified bond.--For purposes of this subsection--
       ``(A) In general.--The term `qualified bond' means any 
     obligation of a State or political subdivision thereof which 
     was outstanding on August 28, 2005.
       ``(B) Exception for private activity bonds.--Such term 
     shall not include any private activity bond.
       ``(C) Exception for advance refund-
     ings.--Such term shall not include any bond with respect to 
     which there is any outstanding refunded or refunding bond 
     during the period in which a Gulf tax credit bond is 
     outstanding with respect to such bond.
       ``(6) Credit included in gross income.--Gross income 
     includes the amount of the credit allowed to the taxpayer 
     under this subsection (determined without regard to paragraph 
     (3)) and the amount so included shall be treated as interest 
     income.
       ``(7) Other definitions and special rules.--For purposes of 
     this subsection--
       ``(A) Bond.--The term `bond' includes any obligation.
       ``(B)  partnership; s corporation; and other pass-thru 
     entities.--
       ``(i) In general.--Under regulations prescribed by the 
     Secretary, in the case of a partnership, trust, S 
     corporation, or other pass-thru entity, rules similar to the 
     rules of section 41(g) shall apply with respect to the credit 
     allowable under paragraph (1).
       ``(ii) No basis adjustment.--In the case of a bond held by 
     a partnership or an S corporation, rules similar to the rules 
     under section 1397E(i) shall apply.
       ``(C) Bonds held by regulated investment companies.--If any 
     Gulf tax credit bond is held by a regulated investment 
     company, the credit determined under paragraph (1) shall be 
     allowed to shareholders of such company under procedures 
     prescribed by the Secretary.
       ``(D) Reporting.--Issuers of Gulf tax credit bonds shall 
     submit reports similar to the reports required under section 
     149(e).
       ``(E) Credit treated as nonrefundable bondholder credit.--
     For purposes of this title, the credit allowed by this 
     subsection shall be treated as a credit allowable under 
     subpart H of part IV of subchapter A of this chapter.
       ``(m) Tax Benefits not Available With Respect to Facilities 
     for Gambling, Etc.--
       ``(1) Tax-exempt bond financing.--Subsection (a) shall not 
     apply to any bond issued as part of an issue if any portion 
     of the proceeds of such issue is to be used to provide any 
     property described in section 144(c)(6)(B).
       ``(2) Advance refunding bonds.--Subsection (b) shall not 
     apply to any advance refunding of a bond which is issued as 
     part of an issue if any portion of the proceeds of such issue 
     (or any prior issue) was (or is to be) used to provide any 
     property described in section 144(c)(6)(B).
       ``(3) Low-income housing credit.--For purposes of 
     subsection (c), property shall not be treated as located or 
     placed in service in the Gulf Opportunity Zone if such 
     property is described in section 144(c)(6)(B).
       ``(4) Special allowance for certain property; section 179 
     expensing; carryback of cost recovery deductions.--For 
     purposes of subsections (d), (e), and (k), the term 
     `qualified Gulf Opportunity Zone property' shall not include 
     any property described in section 144(c)(6)(B).
       ``(5) Demolition and clean-up costs; remediation; 
     rehabilitation expenses.--Subsections (f), (g), and (h) shall 
     not apply with respect to any amount paid or incurred with 
     respect to any property described in section 144(c)(6)(B).
       ``(6) Timber producers.--For purposes of subsection (i), 
     qualified timber property shall not include any property 
     described in section 144(c)(6)(B).
       ``(7) Public utility casualty losses.--For purposes of 
     subsection (j), public utility property shall not include any 
     property described in section 144(c)(6)(B).
       ``(8) Gulf tax credit bonds.--Subsection (l) shall not 
     apply to any bond issued as part of an issue if any portion 
     of the proceeds of such issue is to be used to provide any 
     property described in section 144(c)(6)(B).''.
       (b) Conforming Amendments.--
       (1) Paragraph (2) of section 54(c) is amended by inserting 
     ``, section 1400N(l),'' after ``subpart C''.
       (2) Subparagraph (A) of section 6049(d)(8) is amended--
       (A) by inserting ``or 1400N(l)(6)'' after ``section 
     54(g)'', and
       (B) by inserting ``or 1400N(l)(2)(D), as the case may be'' 
     after ``section 54(b)(4)''.
       (3) So much of subchapter Y of chapter 1 as precedes 
     section 1400L is amended to read as follows:

              ``Subchapter Y--Short-term Regional Benefits

            ``Part I--Tax benefits for New York Liberty Zone

           ``Part II--Tax benefits for Gulf Opportunity Zone

            ``PART I--TAX BENEFITS FOR NEW YORK LIBERTY ZONE

``Sec. 1400L. Tax benefits for New York Liberty Zone.''.

       (4) The item relating to subchapter Y in the table of 
     subchapters for chapter 1 is amended to read as follows:


            ``Subchapter Y--Short-term regional benefits''.

       (c) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to taxable years 
     ending on or after August 28, 2005.
       (2) Carrybacks.--Subsections (i)(2), (j), and (k) of 
     section 1400N of the Internal Revenue Code of 1986 (as added 
     by this section) shall apply to losses arising in such 
     taxable years.

     SEC. 102. FEDERAL GUARANTEE OF CERTAIN STATE BONDS.

       (a) State Bonds Described.--
       (1) In general.--This section shall apply to a bond issued 
     as part of an issue if--
       (A) the issue of which such bond is part is an issue of the 
     State of Alabama, Louisiana, or Mississippi,
       (B) the bond is a general obligation of the issuing State 
     and is in registered form,
       (C) the proceeds of the bond are distributed to one or more 
     political subdivisions of the issuing State,
       (D) the maturity of such bond does not exceed 5 years,
       (E) the bond is issued after the date of the enactment of 
     this Act and before January 1, 2008, and
       (F) the bond is designated by the Secretary of the Treasury 
     for purposes of this section.
       (2) Facilities for gambling, etc.--The Secretary of the 
     Treasury may not designate any bond for purposes of this 
     section if such bond is issued as part of an issue any 
     portion of the proceeds of which is to be used to provide any 
     property described in section 144(c)(6)(B).
       (b) Application.--
       (1) In general.--The Secretary of the Treasury may only 
     designate a bond for purposes of this section pursuant to an 
     application submitted to the Secretary by the State which 
     demonstrates the need for such designation on the basis of 
     the criteria specified in paragraph (2).
       (2) Criteria.--For purposes of paragraph (1), the criteria 
     specified in this paragraph are--
       (A) the loss of revenue base of one or more political 
     subdivisions of the State by reason of Hurricane Katrina,
       (B) the need for resources to fund infrastructure within, 
     or operating expenses of, any such political subdivision,
       (C) the lack of access of such political subdivision to 
     capital, and
       (D) any other criteria as may be determined by the 
     Secretary.
       (3) Guidance for submission and consideration of 
     applications.--The Secretary of the Treasury shall prescribe 
     regulations or other guidance which provide for the time and 
     manner for the submission and consideration of applications 
     under this subsection.
       (c) Federal Guarantee.--A bond described in subsection (a) 
     is guaranteed by the United States in an amount equal to 50 
     percent of the outstanding principal with respect to such 
     bond.
       (d) Aggregate Limit on Bond Designations.--The maximum 
     aggregate face amount of bonds which may be issued under this 
     section shall not exceed $3,000,000,000.

      TITLE II--TAX BENEFITS RELATED TO HURRICANES RITA AND WILMA

     SEC. 201. EXTENSION OF CERTAIN EMERGENCY TAX RELIEF FOR 
                   HURRICANE KATRINA TO HURRICANES RITA AND WILMA.

       (a) In General.--Part II of subchapter Y of chapter 1 (as 
     added by this Act) is amended by adding at the end the 
     following new sections:

     ``SEC. 1400O. SPECIAL RULES FOR USE OF RETIREMENT FUNDS.

       ``(a) Tax-Favored Withdrawals From Retirement Plans.--
       ``(1) In general.--Section 72(t) shall not apply to any 
     qualified hurricane 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 hurricane distributions for 
     any taxable year shall not exceed the excess (if any) of--
       ``(i) $100,000, over
       ``(ii) the aggregate amounts treated as qualified hurricane 
     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 hurricane distribution, a plan shall not be 
     treated as violating any requirement of this title merely 
     because the plan treats such distribution as a qualified 
     hurricane 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.
       ``(3) Amount distributed may be repaid.--
       ``(A) In general.--Any individual who receives a qualified 
     hurricane distribution may, at any time during the 3-year 
     period

[[Page 27682]]

     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.
       ``(B) Treatment of repayments of distributions from 
     eligible retirement plans other than iras.--For purposes of 
     this title, if a contribution is made pursuant to 
     subparagraph (A) with respect to a qualified hurricane 
     distribution from an eligible retirement plan other than an 
     individual retirement plan, then the taxpayer shall, to the 
     extent of the amount of the contribution, be treated as 
     having received the qualified hurricane distribution in an 
     eligible rollover distribution (as defined in section 
     402(c)(4)) 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 for distributions from 
     iras.--For purposes of this title, if a contribution is made 
     pursuant to subparagraph (A) with respect to a qualified 
     hurricane distribution from an individual retirement plan (as 
     defined by section 7701(a)(37)), then, to the extent of the 
     amount of the contribution, the qualified hurricane 
     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.
       ``(4) Definitions.--For purposes of this subsection--
       ``(A) Qualified hurricane distribution.--Except as provided 
     in paragraph (2), the term `qualified hurricane distribution' 
     means--
       ``(i) any distribution from an eligible retirement plan 
     made on or after August 25, 2005, and before January 1, 2007, 
     to an individual whose principal place of abode on August 28, 
     2005, is located in the Hurricane Katrina disaster area and 
     who has sustained an economic loss by reason of Hurricane 
     Katrina,
       ``(ii) any distribution (which is not described in clause 
     (i)) from an eligible retirement plan made on or after 
     September 23, 2005, and before January 1, 2007, to an 
     individual whose principal place of abode on September 23, 
     2005, is located in the Hurricane Rita disaster area and who 
     has sustained an economic loss by reason of Hurricane Rita, 
     and
       ``(iii) any distribution (which is not described in clause 
     (i) or (ii)) from an eligible retirement plan made on or 
     after October 23, 2005, and before January 1, 2007, to an 
     individual whose principal place of abode on October 23, 
     2005, is located in the Hurricane Wilma disaster area and who 
     has sustained an economic loss by reason of Hurricane Wilma.
       ``(B) Eligible retirement plan.--The term `eligible 
     retirement plan' shall have the meaning given such term by 
     section 402(c)(8)(B).
       ``(5) Income inclusion spread over 3-year period.--
       ``(A) In general.--In the case of any qualified hurricane 
     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) 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, qualified hurricane 
     distributions shall not be treated as eligible rollover 
     distributions.
       ``(B) Qualified hurricane distributions treated as meeting 
     plan distribution requirements.--For purposes this title, a 
     qualified hurricane 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).
       ``(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 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), 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--
       ``(A) In general.--The term `qualified distribution' means 
     any qualified Katrina distribution, any qualified Rita 
     distribution, and any qualified Wilma distribution.
       ``(B) Qualified katrina distribution.--The term `qualified 
     Katrina distribution' means any distribution--
       ``(i) 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),
       ``(ii) received after February 28, 2005, and before August 
     29, 2005, and
       ``(iii) which was to be used to purchase or construct a 
     principal residence in the Hurricane Katrina disaster area, 
     but which was not so purchased or constructed on account of 
     Hurricane Katrina.
       ``(C) Qualified rita distribution.--The term `qualified 
     Rita distribution' means any distribution (other than a 
     qualified Katrina distribution)--
       ``(i) 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),
       ``(ii) received after February 28, 2005, and before 
     September 24, 2005, and
       ``(iii) which was to be used to purchase or construct a 
     principal residence in the Hurricane Rita disaster area, but 
     which was not so purchased or constructed on account of 
     Hurricane Rita.
       ``(D) Qualified wilma distribution.--The term `qualified 
     Wilma distribution' means any distribution (other than a 
     qualified Katrina distribution or a qualified Rita 
     distribution)--
       ``(i) 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),
       ``(ii) received after February 28, 2005, and before October 
     24, 2005, and
       ``(iii) which was to be used to purchase or construct a 
     principal residence in the Hurricane Wilma disaster area, but 
     which was not so purchased or constructed on account of 
     Hurricane Wilma.
       ``(3) Applicable period.--For purposes of this subsection, 
     the term `applicable period' means--
       ``(A) with respect to any qualified Katrina distribution, 
     the period beginning on August 25, 2005, and ending on 
     February 28, 2006,
       ``(B) with respect to any qualified Rita distribution, the 
     period beginning on September 23, 2005, and ending on 
     February 28, 2006, and
       ``(C) with respect to any qualified Wilma distribution, the 
     period beginning on October 23, 2005, and ending on February 
     28, 2006.
       ``(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)) to a 
     qualified individual made during the applicable period--
       ``(A) clause (i) of section 72(p)(2)(A) 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 an outstanding loan on or after the qualified 
     beginning date from a qualified employer plan (as defined in 
     section 72(p)(4))--
       ``(A) if the due date pursuant to subparagraph (B) or (C) 
     of section 72(p)(2) for any repayment with respect to such 
     loan occurs during the period beginning on the qualified 
     beginning date and ending on December 31, 2006, 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), the 
     period described in subparagraph (A) shall be disregarded.
       ``(3) Qualified individual.--For purposes of this 
     subsection--
       ``(A) In general.--The term `qualified individual' means 
     any qualified Hurricane Katrina individual, any qualified 
     Hurricane Rita individual, and any qualified Hurricane Wilma 
     individual.
       ``(B) Qualified hurricane katrina individual.--The term 
     `qualified Hurricane Katrina individual' means an individual 
     whose principal place of abode on August 28, 2005, is located 
     in the Hurricane Katrina disaster area and who has sustained 
     an economic loss by reason of Hurricane Katrina.
       ``(C) Qualified hurricane rita individual.--The term 
     `qualified Hurricane Rita individual' means an individual 
     (other than a qualified Hurricane Katrina individual) whose 
     principal place of abode on September 23, 2005, is located in 
     the Hurricane Rita disaster area and who has sustained an 
     economic loss by reason of Hurricane Rita.
       ``(D) Qualified hurricane wilma individual.--The term 
     `qualified Hurricane Wilma individual' means an individual 
     (other than a qualified Hurricane Katrina individual or a 
     qualified Hurricane Rita individual) whose principal place of 
     abode on October 23, 2005, is located in the Hurricane Wilma 
     disaster area and who has sustained an economic loss by 
     reason of Hurricane Wilma.

[[Page 27683]]

       ``(4) Applicable period; qualified beginning date.--For 
     purposes of this subsection--
       ``(A) Hurricane katrina.--In the case of any qualified 
     Hurricane Katrina individual--
       ``(i) the applicable period is the period beginning on 
     September 24, 2005, and ending on December 31, 2006, and
       ``(ii) the qualified beginning date is August 25, 2005.
       ``(B) Hurricane rita.--In the case of any qualified 
     Hurricane Rita individual--
       ``(i) the applicable period is the period beginning on the 
     date of the enactment of this subsection and ending on 
     December 31, 2006, and
       ``(ii) the qualified beginning date is September 23, 2005.
       ``(C) Hurricane wilma.--In the case of any qualified 
     Hurricane Wilma individual--
       ``(i) the applicable period is the period beginning on the 
     date of the enactment of this subparagraph and ending on 
     December 31, 2006, and
       ``(ii) the qualified beginning date is October 23, 2005.
       ``(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, 2007, or such later date as 
     the Secretary may prescribe.
     In the case of a governmental plan (as defined in section 
     414(d)), 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. 1400P. EMPLOYMENT RELIEF.

       ``(a) Employee Retention Credit for Employers Affected by 
     Hurricane Katrina.--
       ``(1) In general.--For purposes of section 38, in the case 
     of an eligible employer, the Hurricane Katrina 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.
       ``(2) Definitions.--For purposes of this subsection--
       ``(A) Eligible employer.--The term `eligible employer' 
     means any employer--
       ``(i) which conducted an active trade or business on August 
     28, 2005, in the GO Zone, and
       ``(ii) with respect to whom the trade or business described 
     in clause (i) is inoperable on any day after August 28, 2005, 
     and before January 1, 2006, as a result of damage sustained 
     by reason of Hurricane Katrina.
       ``(B) Eligible employee.--The term `eligible employee' 
     means with respect to an eligible employer an employee whose 
     principal place of employment on August 28, 2005, with such 
     eligible employer was in the GO Zone.
       ``(C) 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 on any day 
     after August 28, 2005, and before January 1, 2006, which 
     occurs during the period--
       ``(i) beginning on the date on which the trade or business 
     described in subparagraph (A) first became inoperable at the 
     principal place of employment of the employee immediately 
     before Hurricane Katrina, and
       ``(ii) 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.
       ``(3) Credit not allowed for large businesses.--The term 
     `eligible employer' shall not include any trade or business 
     for any taxable year if such trade or business employed an 
     average of more than 200 employees on business days during 
     the taxable year.
       ``(4) 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.
       ``(5) 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) Employee Retention Credit for Employers Affected by 
     Hurricane Rita.--
       ``(1) In general.--For purposes of section 38, in the case 
     of an eligible employer, the Hurricane Rita 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.
       ``(2) Definitions.--For purposes of this subsection--
       ``(A) Eligible employer.--The term `eligible employer' 
     means any employer--
       ``(i) which conducted an active trade or business on 
     September 23, 2005, in the Rita GO Zone, and
       ``(ii) with respect to whom the trade or business described 
     in clause (i) is inoperable on any day after September 23, 
     2005, and before January 1, 2006, as a result of damage 
     sustained by reason of Hurricane Rita.
       ``(B) Eligible employee.--The term `eligible employee' 
     means with respect to an eligible employer an employee whose 
     principal place of employment on September 23, 2005, with 
     such eligible employer was in the Rita GO Zone.
       ``(C) 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 on any day 
     after September 23, 2005, and before January 1, 2006, which 
     occurs during the period--
       ``(i) beginning on the date on which the trade or business 
     described in subparagraph (A) first became inoperable at the 
     principal place of employment of the employee immediately 
     before Hurricane Rita, and
       ``(ii) 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.
       ``(3) Credit not allowed for large businesses.--The term 
     `eligible employer' shall not include any trade or business 
     for any taxable year if such trade or business employed an 
     average of more than 200 employees on business days during 
     the taxable year.
       ``(4) 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.
       ``(5) 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 
     subsection (a) or section 51 with respect to such employee 
     for such period.
       ``(c) Employee Retention Credit for Employers Affected by 
     Hurricane Wilma.--
       ``(1) In general.--For purposes of section 38, in the case 
     of an eligible employer, the Hurricane Wilma 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.
       ``(2) Definitions.--For purposes of this subsection--
       ``(A) Eligible employer.--The term `eligible employer' 
     means any employer--
       ``(i) which conducted an active trade or business on 
     October 23, 2005, in the Wilma GO Zone, and
       ``(ii) with respect to whom the trade or business described 
     in clause (i) is inoperable on any day after October 23, 
     2005, and before January 1, 2006, as a result of damage 
     sustained by reason of Hurricane Wilma.
       ``(B) Eligible employee.--The term `eligible employee' 
     means with respect to an eligible employer an employee whose 
     principal place of employment on October 23, 2005, with such 
     eligible employer was in the Wilma GO Zone.
       ``(C) 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 on any day 
     after October 23, 2005, and before January 1, 2006, which 
     occurs during the period--

[[Page 27684]]

       ``(i) beginning on the date on which the trade or business 
     described in subparagraph (A) first became inoperable at the 
     principal place of employment of the employee immediately 
     before Hurricane Wilma, and
       ``(ii) 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.
       ``(3) Credit not allowed for large businesses.--The term 
     `eligible employer' shall not include any trade or business 
     for any taxable year if such trade or business employed an 
     average of more than 200 employees on business days during 
     the taxable year.
       ``(4) 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.
       ``(5) 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 
     subsection (a) or (b) or section 51 with respect to such 
     employee for such period.

     ``SEC. 1400Q. ADDITIONAL TAX RELIEF PROVISIONS.

       ``(a) Temporary Suspension of Limitations on Charitable 
     Contributions.--
       ``(1) In general.--Except as otherwise provided in 
     paragraph (2), section 170(b) shall not apply to qualified 
     contributions and such contributions shall not be taken into 
     account for purposes of applying subsections (b) and (d) of 
     section 170 to other contributions.
       ``(2) Treatment of excess contributions.--For purposes of 
     section 170--
       ``(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 (F) of section 
     170(b)(1)) over the amount of all other charitable 
     contributions allowed under section 170(b)(1).
       ``(ii) Carryover.--If the aggregate amount of qualified 
     contributions made in the contribution year (within the 
     meaning of section 170(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 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)) 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) Exception to overall limitation on itemized 
     deductions.--So much of any deduction allowed under section 
     170 as does not exceed the qualified contributions paid 
     during the taxable year shall not be treated as an itemized 
     deduction for purposes of section 68.
       ``(4) Qualified contributions.--
       ``(A) In general.--For purposes of this subsection, the 
     term `qualified contribution' means any charitable 
     contribution (as defined in section 170(c)) if--
       ``(i) such contribution is paid during the period beginning 
     on August 28, 2005, and ending on December 31, 2005, in cash 
     to an organization described in section 170(b)(1)(A) (other 
     than an organization described in section 509(a)(3)),
       ``(ii) in the case of a contribution paid by a corporation, 
     such contribution is for relief efforts related to Hurricane 
     Katrina, Hurricane Rita, or Hurricane Wilma, 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 if the contribution is for establishment of a 
     new, or maintenance in an existing, segregated fund or 
     account with respect to which the donor (or any person 
     appointed or designated by such donor) has, or reasonably 
     expects to have, advisory privileges with respect to 
     distributions or investments by reason of the donor's status 
     as a donor.
       ``(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) Suspension of Certain Limitations on Personal 
     Casualty Losses.--Paragraphs (1) and (2)(A) of section 165(h) 
     shall not apply to losses described in section 165(c)(3)--
       ``(1) which arise in the Hurricane Katrina disaster area on 
     or after August 25, 2005, and which are attributable to 
     Hurricane Katrina,
       ``(2) which arise in the Hurricane Rita disaster area on or 
     after September 23, 2005, and which are attributable to 
     Hurricane Rita, or
       ``(3) which arise in the Hurricane Wilma disaster area on 
     or after October 23, 2005, and which are attributable to 
     Hurricane Wilma.
     In the case of any other losses, section 165(h)(2)(A) shall 
     be applied without regard to the losses referred to in the 
     preceding sentence.
       ``(c) Required Exercise of Authority Under Section 7508a.--
     In the case of any taxpayer determined by the Secretary to be 
     affected by the Presidentially declared disaster relating to 
     Hurricane Katrina, Hurricane Rita, or Hurricane Wilma, any 
     relief provided by the Secretary under section 7508A shall be 
     for a period ending not earlier than February 28, 2006.
       ``(d) 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 taxable year 
     which includes the applicable date is less than the earned 
     income of the taxpayer for the preceding taxable year, the 
     credits allowed under sections 24(d) and 32 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 taxable year which 
     includes the applicable date.
       ``(2) Qualified individual.--For purposes of this 
     subsection--
       ``(A) In general.--The term `qualified individual' means 
     any qualified Hurricane Katrina individual, any qualified 
     Hurricane Rita individual, and any qualified Hurricane Wilma 
     individual.
       ``(B) Qualified hurricane katrina individual.--The term 
     `qualified Hurricane Katrina individual' means any individual 
     whose principal place of abode on August 25, 2005, was 
     located--
       ``(i) in the GO Zone, or
       ``(ii) in the Hurricane Katrina disaster area (but outside 
     the GO Zone) and such individual was displaced from such 
     principal place of abode by reason of Hurricane Katrina.
       ``(C) Qualified hurricane rita individual.--The term 
     `qualified Hurricane Rita individual' means any individual 
     (other than a qualified Hurricane Katrina individual) whose 
     principal place of abode on September 23, 2005, was located--
       ``(i) in the Rita GO Zone, or
       ``(ii) in the Hurricane Rita disaster area (but outside the 
     Rita GO Zone) and such individual was displaced from such 
     principal place of abode by reason of Hurricane Rita.
       ``(D) Qualified hurricane wilma individual.--The term 
     `qualified Hurricane Wilma individual' means any individual 
     whose principal place of abode on October 23, 2005, was 
     located--
       ``(i) in the Wilma GO Zone, or
       ``(ii) in the Hurricane Wilma disaster area (but outside 
     the Wilma GO Zone) and such individual was displaced from 
     such principal place of abode by reason of Hurricane Wilma.
       ``(3) Applicable date.--For purposes of this subsection, 
     the term `applicable date' means--
       ``(A) in the case of a qualified Hurricane Katrina 
     individual, August 25, 2005,
       ``(B) in the case of a qualified Hurricane Rita individual, 
     September 23, 2005, and
       ``(C) in the case of a qualified Hurricane Wilma 
     individual, October 23, 2005.
       ``(4) Earned income.--For purposes of this subsection, the 
     term `earned income' has the meaning given such term under 
     section 32(c).
       ``(5) Special rules.--
       ``(A) Application to joint returns.--For purposes of 
     paragraph (1), in the case of a joint return for a taxable 
     year which includes the applicable date--
       ``(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 section 
     24(d) and section 32.
       ``(C) 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.
       ``(D) 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).
       ``(e) Secretarial Authority to Make Adjustments Regarding 
     Taxpayer and Dependency Status.--With respect to taxable 
     years beginning in 2005 or 2006, the Secretary may make such 
     adjustments in the application of the internal revenue laws 
     as may be necessary to ensure that taxpayers do not lose any 
     deduction or credit or experience a change of filing status 
     by reason of temporary relocations by reason of Hurricane 
     Katrina, Hurricane Rita, or Hurricane Wilma. Any adjustments 
     made under the preceding sentence shall ensure that an 
     individual is not taken into account by more than one 
     taxpayer with respect to the same tax benefit.''.
       (b) Conforming Amendments.--

[[Page 27685]]

       (1) Subsection (b) of section 38 is amended by striking 
     ``and'' at the end of paragraph (25), by striking the period 
     at the end of paragraph (26) and inserting a comma, and by 
     adding at the end the following new paragraphs:
       ``(27) the Hurricane Katrina employee retention credit 
     determined under section 1400P(a),
       ``(28) the Hurricane Rita employee retention credit 
     determined under section 1400P(b), and
       ``(29) the Hurricane Wilma employee retention credit 
     determined under section 1400P(c).''.
       (2) The table of sections for part II of subchapter Y of 
     chapter 1 is amended by adding at the end the following new 
     items:

``Sec. 1400O. Special rules for use of retirement funds.
``Sec. 1400P. Employment relief.
``Sec. 1400Q. Additional tax relief provisions.''.

       (3) The heading for such part is amended by striking ``GULF 
     OPPORTUNITY ZONE'' and inserting ``HURRICANE RELIEF''.
       (4) The following provisions of the Katrina Emergency Tax 
     Relief Act of 2005 are hereby repealed:
       (A) Title I.
       (B) Sections 202, 301, 402, 403(b), 406, and 407.

                      TITLE III--OTHER PROVISIONS

     SEC. 301. SECRETARIAL AUTHORITY TO EXTEND PERIOD DURING WHICH 
                   TRAVELING EXPENSES ARE TREATED AS INCURRED AWAY 
                   FROM HOME IN CASE OF MAJOR DISASTER.

       (a) In General.--Section 162 (relating to trade or business 
     expenses) is amended by redesignating subsection (q) as 
     subsection (r) and by inserting after subsection (p) the 
     following new subsection:
       ``(q) Limitation on Traveling Expenses.--
       ``(1) In general.--For purposes of subsection (a)(2), the 
     taxpayer shall not be treated as being temporarily away from 
     home during any period of employment if such period exceeds 1 
     year.
       ``(2) Authority to extend in case of major disaster.--In 
     the case of a taxpayer who is away from home in pursuit of a 
     trade or business by reason of a disaster which the President 
     has declared to be a major disaster under section 401 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act, the Secretary may extend the 1-year period referred to 
     in paragraph (1) for a period not exceeding 1 additional 
     year.
       ``(3) Exception for certain federal employees designated by 
     the attorney general.--Paragraph (1) shall not apply to any 
     Federal employee during any period for which such employee is 
     certified by the Attorney General (or the designee thereof) 
     as traveling on behalf of the United States in temporary duty 
     status to investigate or prosecute, or provide support 
     services for the investigation or prosecution of, a Federal 
     crime.''.
       (b) Conforming Amendment.--Subsection (a) of section 162 is 
     amended by striking the last two sentences.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred after the date of the 
     enactment of this Act.

     SEC. 302. GULF COAST RECOVERY BONDS.

       It is the sense of the Congress that the Secretary of the 
     Treasury, or the Secretary's delegate, should designate one 
     or more series of bonds or certificates (or any portion 
     thereof) issued under section 3105 of title 31, United States 
     Code, as ``Gulf Coast Recovery Bonds'' in response to 
     Hurricanes Katrina, Rita, and Wilma.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Louisiana (Mr. McCrery) and the gentleman from Louisiana (Mr. 
Jefferson) each will control 20 minutes.
  The Chair recognizes the gentleman from Louisiana.
  Mr. McCRERY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the Gulf Opportunity Zone Act of 2005 is a reflection of 
the commitment that President Bush made shortly after Hurricane Katrina 
hit the shores of the Gulf of Mexico. He talked about creating an 
opportunity zone similar to the zone that we created in New York City 
after the attacks of September 11, 2001.
  The bill before us today, in fact, contains many of the provisions 
that were contained in the Relief Act that created the opportunity zone 
in New York City, and there are a few additional provisions regarding 
housing, low income housing, the rehabilitation tax credit, and things 
like that.

                              {time}  1445

  The business incentives, the business tax incentives that are 
designed to bring investment into the devastated areas of the gulf are, 
in fact, almost exactly the same as those offered in Manhattan 
following 9/11.
  Mr. Speaker, this bill is extremely critical for a timely 
redevelopment of the devastated areas along our gulf coast, Alabama, 
Mississippi, Louisiana, particularly. This bill also provides some 
relief for victims of hurricanes Rita and Wilma in southeast Texas and 
in south Florida.
  Mr. Speaker, I cannot overemphasize the importance of putting into 
law as quickly as possible incentives to give businesses, individuals, 
people with capital to invest, the urge to go to these devastated areas 
and invest that capital, take a risk, create the jobs necessary to 
build back a critical mass of economic activity in these devastated 
areas. If we do not do that, Mr. Speaker, and do it very soon, we are 
going to have more and more businesses making decisions every day not 
to go back into these devastated areas and not to invest their capital 
back in those areas. Why should they, if there are hurdles to overcome 
that are not present in, say, Dallas or Houston or Atlanta, other 
places where they can take that capital and invest it and not have the 
hassles, the obstacles, that are present in these devastated areas.
  That was the whole point of providing tax incentives to businesses in 
New York City following 9/11. It is the point of this bill, to give 
people an extra reason, a little extra incentive to put that capital in 
these devastated areas to rebuild those areas.
  Mr. Speaker, I am certainly thankful for the cooperation of the 
gentleman from Louisiana (Mr. Jefferson) on the Ways and Means 
Committee, also the ranking member of the Ways and Means Committee, the 
chairman of the Ways and Means Committee, and the staff on both sides 
of the aisle for their cooperation in putting together a rational, 
reasonable approach to encouraging investment back in these areas.
  Mr. Speaker, I reserve the balance of my time.
  Mr. JEFFERSON. Mr. Speaker, I yield myself such time as I may 
consume.
  First, I would like to thank the gentleman from Louisiana (Mr. 
McCrery) for joining me in introducing this important piece of 
legislation. I also want to thank the chairman of the committee, Mr. 
Thomas, and our ranking member, Mr. Rangel, for their efforts in 
bringing this bill to the floor. I also would be remiss if I failed to 
thank both the Republican and Democratic staff of the committee for 
their extraordinary bipartisan effort to put this tax relief package 
together.
  And I want to do something which is a little bit out of order, and 
that is to thank someone who is not properly a Member of this body, our 
mayor of New Orleans, Ray Nagin, who is here with us today. He has, as 
much as anyone, pushed this House and this Senate and our Congress and 
our President to make sure that our region is not forgotten; and I want 
to thank him for his presence here in the Chamber.
  Mr. Speaker, the Gulf Opportunity Zone Act of 2005 provides much 
needed aid and comfort to the victims of hurricanes Katrina, Rita, and 
Wilma across the gulf coast and provides a much-needed shot in the arm 
to the many thousands of businesses that have been shuttered, suffered 
serious damage, or have seen their customer bases erode significantly 
or disappear in the wake of horrible storms.
  The economy of the gulf coast and particularly that of my home State 
of Louisiana has been severely compromised by the ravages of two 
terrible storms. One of our Nation's largest and most economically 
important cities, the city of New Orleans, was evacuated and 
commercially shuttered for most of the fall. Even today, as New Orleans 
slowly regains her footing, most of her citizens remain in a hurricane-
forced exile as the city's businesses struggle to rebuild and to make a 
fresh start with a significantly diminished customer base, 
extraordinary costs of repair and reconstruction, and a distressed 
infrastructure.
  Mr. Speaker, the cities, parishes across the gulf coast, and counties 
across the gulf coast are struggling to recover from a deluge that laid 
them low. My constituents and those of my gulf coast colleagues, 
however, are a resilient people. They have confronted natural disasters 
before, and they have emerged triumphant and stronger still.

[[Page 27686]]

I have every confidence that the same is true today. With the right 
tools in their tool box, New Orleanians and our neighbors in Louisiana, 
Mississippi, Alabama, and Florida will rebuild and recover and a 
brighter future will emerge.
  Today, Mr. Speaker, with the passage of this important piece of 
legislation, we provide the entrepreneurs of the gulf coast a sturdy 
set of tools with which to jump-start our recovery. We also address an 
unprecedented housing crisis with unprecedented resources to rebuild 
and rehouse the thousands whose homes are damaged or destroyed by these 
vicious storms.
  We also are keenly aware of the financial crisis that the States, our 
cities, our parishes are confronting. In order to ease those burdens, 
this bill also provides several important tools to give our hometowns 
access to the capital they need to survive in the short term and thrive 
over the long run: $500 million in tax credit bonds to meet debt 
service needs, $3 billion in partially guaranteed general obligation 
bonds, and $7.75 billion in private activity bond authority. I am 
confident that by properly leveraging these tools, the States, our 
cities, parishes, school boards and others will emerge from the 
hurricane stronger than before they struck.
  Mr. Speaker, with the passage of this act, businesses in New Orleans 
and surrounding parishes will enjoy tremendous tax advantages for the 
next few years that should give them the boost they need to survive and 
a little leg up to get ahead over the longer term: expanded section 179 
expensing for small businesses; bonus depreciation; expenses for 
demolition and clean-up costs, including brownfields clean-up; an 
enhanced rehabilitation tax credits; and increased net operating loss 
carry-back among others.
  By affording these tools to be combined with effective economic 
planning, the House today greatly enhances the opportunity for a great, 
but shattered, community to rebuild, not just to recover, but to become 
more survivable, more sustainable, more equitable, and more prosperous 
over some time, but all at once.
  Mr. Speaker, the efforts of my colleagues in providing the relief we 
need in the gulf coast have been unparalleled to any I have witnessed 
during my tenure in Congress. For that I am extraordinarily grateful. 
However, we still have a long way to go before we achieve the full 
recovery that I know we all want. I look forward to working with each 
of you in the coming weeks and months as we rise to the challenge of 
ensuring that, like the Phoenix of myth and fable, New Orleans rises 
from the devastation of Hurricane Katrina as a bright shining model of 
American ingenuity and opportunity.
  Mr. Speaker, I reserve the balance of my time.
  Mr. McCRERY. Mr. Speaker, I yield 2 minutes to the distinguished 
gentleman from Florida (Mr. Shaw), chairman of the Trade Subcommittee 
of the Ways and Means Committee.
  Mr. SHAW. Mr. Speaker, Florida did not receive the devastation that 
the gulf coast did with Katrina. Katrina's track came across Florida, 
got into the gulf, and actually affected my district on its way through 
Florida, but in a very slight manner. When it got into the warm waters 
of the Gulf of Mexico, it grew into a category 5 storm and just wreaked 
devastation on the New Orleans/southern Mississippi area.
  I support this bill and all it does. But then this was followed by 
two other storms, Rita and Wilma. Wilma, of course, came across 
Florida, and in Broward County delivered the most powerful winds that 
we have seen in over 40 years. And Palm Beach County, as well as Dade 
County. And coming across the State the way it did from the gulf to the 
Atlantic made it most unusual as far as the power that it gained, or 
retained, coming across the Florida Everglades.
  We have been damaged in Florida as well. But of course our 
devastation and our problems are overshadowed by the tragedy of Katrina 
in Louisiana and Mississippi.
  This bill is a reasonable bill. It sets forth incentives and some 
relief in the Tax Code because of the devastation delivered by these 
three storms. I urge the Members to support this bill and expedite its 
passage as quickly as possible.
  Mr. JEFFERSON. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Ohio (Mrs. Jones), a distinguished member of the Ways and Means 
Committee.
  Mrs. JONES of Ohio. Mr. Speaker, I would like to thank the gentlemen 
from Louisiana for yielding me this time, and I would like to 
congratulate them on their leadership on these issues.
  I rise in strong support of the legislation today. As we learned in 
yesterday's congressional hearings, the victims of Hurricane Katrina, 
that is, the residents of the gulf region, are in need of help now. I 
rise in support and I am glad to see that this legislation, as was 
contemplated previously, incorporates some of the provisions of the 
legislation I introduced earlier in the year called the Katrina 
Assistance Tax Relief Incentive for Necessities Act. And it 
incorporated the Housing opportunity credits, the temporary housing tax 
credit, a homebuyer tax credit, doubling the low-income housing tax 
credit to assist Katrina victims.
  The place I want to weigh in at this moment however is on the 
importance, and I say this again, the importance of assuring that the 
people of these gulf regions have an opportunity to enjoy some of the 
work that is provided businesses by these tax credits. What I am 
worried about is that there are people coming from all over the country 
who do not live in these areas who are not having the opportunity to 
get a job. There are people spread in 44 States across this country who 
are from Louisiana, who are from Mississippi, who are from Alabama; and 
they want to come back and work. And there are businesses right there 
in those communities who want to have an opportunity to rebuild their 
communities, and it is not happening.
  I use this opportunity to say to the world, to say to my colleagues 
who are allocating resources for the rebuilding of the Katrina area, of 
the Katrina relief area, that we need to assure that the people of the 
area have an opportunity to rebuild their houses, have an opportunity 
to get jobs and put their lives back on track.
  Again, I thank my colleagues for sponsoring this legislation. I am 
glad to join with you as a member of the Ways and Means Committee in 
support.
  Mr. McCRERY. Mr. Speaker, I yield 2 minutes to the gentleman from 
Texas (Mr. Brady), a distinguished member of the Ways and Means 
Committee.
  Mr. BRADY of Texas. Mr. Speaker, I want to thank Chairman McCrery and 
Mr. Jefferson for their leadership on this bill. I am proud to be from 
Texas, a State that when victims fled the wrath of Hurricane Katrina we 
had communities and churches and homes that opened their arms to take 
them in. Later, in Hurricane Rita, those same communities were 
devastated as well. And I just want to tell Chairman McCrery that the 
relief that we are providing today in this bill is critically important 
to the families of east and southeast Texas.
  We, like you, need this relief today. What this will do is help 
families cope financially, encourage companies to keep workers on their 
payrolls during these tough economic times, and help rebuild the 
important Texas timber industry which suffered devastating losses. In 
some communities today, almost half of the homes still do not have even 
the temporary blue tarp to keep the rain out. We need families to be 
able to dip into their savings without penalty, fully deduct all of the 
personal property losses. And for the working poor, we want to make 
sure that their child and earned income tax credits are not impacted by 
Hurricane Rita.
  This also permits unlimited cash donations by companies, which is 
very important to the communities, and provides up to $2,400 per worker 
for small businesses to keep employees on the payroll through the end 
of the year. And then finally, to address our devastating timber and 
economic losses, we help small property owners reforest their crop, and 
we help them spread their losses across the past 5

[[Page 27687]]

years. This is important relief to Texas. We are proud to join with the 
other Gulf Coast States in moving this forward and the sooner we get 
this on the President's desk, the better.
  Mr. JEFFERSON. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Nevada (Ms. Berkley).
  Ms. BERKLEY. Mr. Speaker, the goal of passing today's legislation is 
to help businesses in the gulf coast region reopen their doors and get 
people back to work. However, this legislation excludes perhaps the 
most important industry in the region that employs over 50,000 people 
in Mississippi and Louisiana and pays over $800 million in State and 
local tax revenue, that is, the gaming industry. The gaming industry 
has made substantial contribution to the regional economy of the gulf 
coast and will invest billions of dollars as it rebuilds, making it an 
essential part of restoring employment, economic growth, and tax 
revenue to the area.

                              {time}  1500

  I am dismayed that the biased view of one congressman has resulted in 
this bill excluding a group of employers that provide good jobs and tax 
revenue to the hurricane-ravaged region. I am astounded that one Member 
who has a long-held contempt for the gaming industry can insert 
language in this legislation, which is supposed to be helping the 
victims of Katrina, that will prevent thousands of our fellow citizens 
from going back to work, going back to their homes, reuniting with 
their families, and begin to live a normal life again. I am angry that 
we are carving out an exception for one business in this legislation, a 
legitimate business, a well-regulated business, a business whose 
companies are traded on the New York Stock Exchange, a business that 
employs thousands of people in the region and generates millions of 
dollars in tax revenue. This makes no sense. And I am outraged, if I 
may say so, Mr. Speaker, that the Republican leadership has caved in 
and agreed to this provision because it is rumored that this 
congressman threatened to withhold his support from tomorrow's tax 
reconciliation vote unless his provision was put in the Katrina vote, 
contrary to what it will do to our fellow citizens.
  Trading thousands of jobs for our fellow citizens for a vote is an 
affront to those people who need these gaming jobs to get back on their 
feet again. Shame on this body for allowing the gaming industry or any 
industry to be discriminated against in this legislation.
  The gaming companies remain committed to the communities and the 
people in the hurricane-affected region. I hope Congress will come to 
our senses in conference and ensure that every business is treated 
fairly and given the opportunity to recover from Hurricane Katrina.
  This Christmas, while we, Members of Congress, are sitting by our 
fireplaces in our comfortable homes, surrounded by our families, let us 
think about the thousands of victims of the Katrina hurricane who are 
homeless, who are jobless, away from their families this year and maybe 
next Christmas too, because this single congressman dislikes one 
business in this country and is putting his personal feelings above the 
well-being of our fellow citizens. This is a shame. It is an 
embarrassment, and we ought to rethink this and give tax breaks. If we 
are giving to one business, we should be giving to all and not be 
discriminating because of a personal dislike by one Member of this 
body.
  Mr. McCRERY. Mr. Speaker, I yield 2 minutes to the distinguished 
gentleman from Nevada (Mr. Porter).
  Mr. PORTER. Mr. Speaker, I too share the pain of those families that 
were impacted by the terrible storms in the Gulf Coast, having been 
there within 24 hours after the devastating storm, seeing it firsthand 
and helping those families. But I stand today to talk about the 
equitability of this particular proposal.
  There is a number of industries that have been impacted from all 
walks of life, but there are close to 50,000 families that are being 
impacted by a carve-out in this legislation, 50,000 hard-working moms 
and dads trying to take care of their kids.
  I believe in equitable treatment, and the gaming industry that has 
been carved is not asking for special treatment. They are asking to be 
treated like every other business. And as a Member of this body, I 
believe firmly that States do have rights, and I believe that local 
communities have rights, and they have made decisions to allow these 
businesses to prosper as they are a big part of their economy.
  As my colleague from Nevada said, close to $800 million a year into 
their economy and close to 50,000 jobs. Again, I stand here asking for 
equitable treatment for a tax-paying business that is approved by State 
and Federal laws, and they too should be treated equally. I am 
extremely disappointed, and I believe when we start a carve-out 
process, it is a slippery slope for this Congress to be telling local 
governments and State governments who should be receiving these tax 
credits.
  Mr. JEFFERSON. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Houston, Texas (Ms. Jackson-Lee).
  Ms. JACKSON-LEE of Texas. Mr. Speaker, allow me to likewise lend and 
associate myself with the remarks of the leadership of the two 
gentlemen from Louisiana, both in terms of the legislation written, but 
also the inclusiveness of this legislation.
  I am one that has seen the aftermath of the Katrina tragedy and 
certainly my constituents who experienced the suffering of Hurricane 
Rita and those of us who have encountered the devastation of Hurricane 
Wilma. The relevance of the United States as a Federal Government is to 
be the safety net and the umbrella for the American people. We know 
that there were many failures as it relates to Hurricane Katrina, and 
we are making our way steadily to determine the facts of where we 
failed in helping those people and helping those keep and secure their 
property, and also to answer the questions for those families who lost 
loved ones. This legislation, however, is a step forward and it 
provides incentives to small businesses and businesses in the region. 
It is inclusive and includes the hurricanes of Wilma and Rita. Rita 
impacted the State of Texas, and Hurricane Katrina impacted the State 
of Texas as we have welcomed into areas of Houston those survivors and 
evacuees who came from the other regions that were hit directly by 
Hurricane Katrina. This provides entrepreneurs with tools, and 
entrepreneurs with tools creates jobs. We know that small businesses 
and medium-size businesses are the backbone of America.
  So I thank Mr. Jefferson for the housing assistance. I thank him for 
the access to capital. It makes a difference. It allows our local 
authorities and State authorities to get back on their feet.
  But I must add my concern having been to States like Louisiana and 
Mississippi, where I have seen the healthy gaming industry that is not 
filled with corruption because it has been regulated very well by 
States and oversight by the Federal Government, where it gives $800 
million to the infrastructure of various States, and yet this 
particular bill excludes the rebuilding or the help in the rebuilding 
of those particular institutions.
  Mr. Speaker, they provide jobs to thousands upon thousands of people 
in Mississippi and Louisiana. It is imperative that we reconsider this 
aspect of the bill, and I am hoping that we will have an opportunity 
for a freestanding incentive bill to help all the businesses come back 
in the region.
  Might I also offer and hope that my colleagues would consider a 
concept that I have raised called the Urban Village Tax Credit, and 
that is to give relief to many of those who opened their homes. Oh, 
yes, some may say they were their relatives, but many were not. There 
were many in my constituency who had 10, 20, 30, 40, 50 people in their 
homes, churches and other institutions, religious institutions, who 
took people in not because they wanted a tax incentive but because it 
was right, because they cared. So I would hope that my colleagues 
consider the Urban Village Tax Credit, which gives

[[Page 27688]]

some tax credit relief to those who can document that they took 
families in during this tragic time. We are all one family and one 
America.
  This is a great tax bill, and I would hope my colleagues would vote 
on it and consider the Urban Village Tax Credit.
  Mr. McCRERY. Mr. Speaker, I yield 2 minutes to the distinguished 
gentleman from Virginia (Mr. Wolf).
  Mr. WOLF. Mr. Speaker, I rise today in support of H.R. 4440, the 
redevelopment tax package. I want to thank Chairman Thomas, Chairman 
McCrery, and the Republican leadership for addressing the concerns of a 
lot of Members. There were 65 Members who signed the initial letter and 
30 some that have signed the second letter on this issue.
  We all want to help the people of the Gulf Coast, and every fair-
minded American want to give hurricane-ravaged areas the Federal 
assistance they need to rebuild bridges, roads, hospitals, water and 
sewer.
  While the Katrina tax package recently passed by the other body would 
allow benefits to rebuild massage parlors, liquor stores, and casinos 
because it does not contain a specific prohibition against it, this 
bill follows legislative history and regular order in where Federal 
dollars go to rebuild critical infrastructure like hospitals, homes, 
and communities.
  The House bill, I again stress, following precedent in redevelopment 
assistance legislation going back more than 20 years, expressly 
prohibits tax incentives from going to industries that I referred. 
Congress has a long history of limiting certain types of businesses 
from receiving redevelopment tax benefits. The bill before us today 
continues that precedent of not allowing our constituents' hard-earned 
tax dollars in these times of record deficits to subsidize the 
rebuilding of a massage parlor, a liquor store, or a casino.
  Just as Congress has historically done, we need to target our limited 
Federal resources to the areas that need it. It would be my expectation 
that when the measure comes out of conference, it will retain the 
provisions that ensure that tax incentives to rebuild the Gulf region 
are used wisely and effectively.
  It would be very difficult, almost impossible, to go to a town 
meeting sometime and say that I have supported or anyone has or the 
Congress supported giving tax breaks to rebuild whether it be a 
gambling casino or a massage parlor or a liquor store, and what we are 
doing today follows the law that we have done in the past.
  I thank the gentleman for yielding me this time.
  Mr. JEFFERSON. Mr. Speaker, I yield myself such time as I may 
consume.
  I would like to make brief remarks to again thank all who have worked 
on this bill, particularly Mr. Thomas, Mr. McCrery, and Mr. Rangel for 
their work and support. It is going to mean a lot to our region, a lot 
to my city and my district. And a great part of what we have to do, of 
course, is to give business the tools it needs to partner with our 
government to get businesses stood up, to get people back into jobs, to 
get housing back into our communities so that we can restore our 
depopulated city and other depopulated parts of parishes around 
Louisiana and throughout counties in Mississippi and Alabama, and this 
bill is going to go a long way toward helping us do that.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. McCRERY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, many of the provisions in this bill, in fact, most of 
the provisions in this bill, are simply tools that the Federal 
Government will give to individuals and businesses in the devastated 
areas to help themselves. The bonding provisions, for example, that Mr. 
Jefferson spoke of, all of those are simply tools to allow the people 
in these devastated areas to help pick themselves up and restart their 
communities. The refinancing provision, for example, allowing States to 
basically refinance existing bonded obligations, that is a way that we 
are going to allow States to help themselves.
  So, Mr. Speaker, I hope that this House will today take the first 
step to getting this necessary help to these devastated areas and then, 
before we leave here for the Christmas holidays, pass a final version 
that we can send to the President for his signature. It is critical.
  Mr. SHAYS. Mr. Speaker, I rise in support of H.R. 4440, the Gulf 
Opportunity Zone Act, which provides tax incentives for businesses to 
invest in and rebuild the Gulf Coast communities ravaged by hurricanes.
  I am pleased these federal resources will not be used to support the 
gambling facilities, liquor stores and massage parlors. I don't believe 
the federal government should help interests that have dubious value to 
these communities.
  I believe gambling is inherently dishonest and am opposed to it in 
any form. During my 14 years in the state legislature I voted against 
every gambling bill. Gambling financially cripples those who can least 
afford it--the poor--through the cruel and misleading lure of ``winning 
it big.''
  With the budget deficits growing to historic levels, we need to make 
sure tax dollars are being used in the wisest possible manner to 
rebuild the region's businesses and housing.
  Fair-minded Americans support tax incentives to spur business 
reinvestment along the hurricane-ravaged Gulf coast to help victims 
there rebuild their lives.
  Tax breaks for the gaming industry simply do not make sense.
  I urge my colleagues to support this resolution.
  Mr. GIBBONS. Mr. Speaker, I rise today in support of those 
communities in the gulf coast region who have been devastated by the 
recent hurricanes.
  However, while well-intentioned, I find today's legislation to spur 
economic development in the gulf coast region to be significantly 
flawed in that it specifically excluded a key industry in the area.
  Never before in any previous disaster relief legislation, has 
Congress picked winners and losers. We should not start today.
  Businesses on the gulf coast have invested billions of dollars in 
infrastructure that Hurricane Katrina reduced to rubble in a matter of 
hours. The gaming industry employs tens of thousands of people in the 
gulf coast region.
  It should be treated equally in legislation seeking to assist the 
rebuilding of businesses destroyed by Hurricane Katrina. The gaming 
businesses are legal, well-regulated, and publicly traded companies 
that should not be discriminated against in Federal economic assistance 
legislation.
  Many people in this region lost everything; their homes, their jobs, 
personal belongings, and the schools their kids attended. It is 
regrettable that some in Congress are willing to put the hardship of 
one displaced individual--who may work for a refinery or a grocery 
store--over another individual's who happens to work in the gaming 
industry.
  This was a terrible disaster and loss for everyone, and Congress 
today is ignoring that simple fact.
  I will not support the Gulf Opportunity Zone legislation today, 
because I am extremely disturbed with the dangerous precedent this 
sets.
  I will work with our delegation and the conference committee to 
ensure that the final bill includes equal treatment for the gaming 
industry--just like any other business in the gulf coast region.
  Mr. McCRERY. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Simpson). The question is on the motion 
offered by the gentleman from Louisiana (Mr. McCrery) that the House 
suspend the rules and pass the bill, H.R. 4440.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. McCRERY. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

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