[House Report 116-353]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-353
======================================================================
PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO THE BILL (H.R.
1158) TO AUTHORIZE CYBER INCIDENT RESPONSE TEAMS AT THE DEPARTMENT OF
HOMELAND SECURITY, AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION
OF THE SENATE AMENDMENT TO THE BILL (H.R. 1865) TO REQUIRE THE
SECRETARY OF THE TREASURY TO MINT A COIN IN COMMEMORATION OF THE
OPENING OF THE NATIONAL LAW ENFORCEMENT MUSEUM IN THE DISTRICT OF
COLUMBIA, AND FOR OTHER PURPOSES; AND PROVIDING FOR THE ADOPTION OF THE
RESOLUTION (H. RES. 761) PERMITTING INDIVIDUALS TO BE ADMITTED TO THE
HALL OF THE HOUSE IN ORDER TO OBTAIN FOOTAGE OF THE HOUSE IN SESSION
FOR INCLUSION IN THE ORIENTATION FILM TO BE SHOWN TO VISITORS AT THE
CAPITOL VISITOR CENTER
_______
December 17 (legislative day, December 16), 2019.--Referred to the
House Calendar and ordered to be printed
_______
Mr. Morelle, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 765]
The Committee on Rules, having had under consideration
House Resolution 765, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for the consideration of the Senate
amendment to H.R. 1158, the DHS Cyber Hunt and Incident
Response Teams Act of 2019. The resolution makes in order a
motion offered by the chair of the Committee on Appropriations
or her designee that the House concur in the Senate amendment
with an amendment consisting of the text of Rules Committee
Print 116-43. The resolution waives all points of order against
consideration of the motion. The resolution provides that the
Senate amendment and the motion shall be considered as read.
The resolution provides one hour of debate on the motion
equally divided and controlled by the chair and ranking
minority member of the Committee on Appropriations. The
resolution also provides for the consideration of the Senate
amendment to H.R. 1865, the National Law Enforcement Museum
Commemorative Coin Act. The resolution makes in order a motion
offered by the chair of the Committee on Appropriations or her
designee that the House concur in the Senate amendment with an
amendment consisting of the text of Rules Committee Print 116-
44, modified by the amendment printed in this report. The
resolution waives all points of order against consideration of
the motion and provides that it shall not be subject to a
demand for division of the question. The resolution provides
that the Senate amendment and the motion shall be considered as
read. The resolution provides one hour of debate on the motion
equally divided and controlled by the chair and ranking
minority member of the Committee on Appropriations. The
resolution provides that the chair of the Committee on
Appropriations may insert in the Congressional Record not later
than December 17, 2019, such material as she may deem
explanatory of the Senate amendments and the motion specified
in the first two sections of the resolution. The resolution
provides that House Resolution 761 is hereby adopted.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the motion to concur in the Senate amendment to H.R. 1158
includes waivers of the following:
Clause 7 of rule XVI, which requires that no
motion or proposition on a subject different from that under
consideration shall be admitted under color of amendment.
Clause 4 of rule XXI, which prohibits reporting a
bill carrying an appropriation from a committee not having
jurisdiction to report an appropriation.
Section 302(f) of the Congressional Budget Act,
which prohibits consideration of legislation providing new
budget authority in excess of a 302(a) or 302(b) allocation of
such authority.
Section 306 of the Congressional Budget Act, which
prohibits consideration of legislation within the jurisdiction
of the Committee on the Budget unless referred to or reported
by the Budget Committee.
Section 2 of H. Res. 293, which prohibits
appropriations bills from providing an advance appropriation.
The waiver of all points of order against consideration of
the motion to concur in the Senate amendment to H.R. 1865
includes waivers of the following:
Clause 7 of rule XVI, which requires that no
motion or proposition on a subject different from that under
consideration shall be admitted under color of amendment.
Clause 10 of rule XXI, which prohibits
consideration of a measure that has a net effect of increasing
the deficit or reducing the surplus over the five- or 10-year
period.
Section 302(f) of the Congressional Budget Act,
which prohibits consideration of legislation providing new
budget authority in excess of a 302(a) or 302(b) allocation of
such authority.
Section 306 of the Congressional Budget Act, which
prohibits consideration of legislation within the jurisdiction
of the Committee on the Budget unless referred to or reported
by the Budget Committee.
Section 311 of the Congressional Budget Act, which
prohibits consideration of legislation that would cause the
level of total new budget authority for the first fiscal year
to be exceeded, or would cause revenues to be less than the
level of total revenues for the first fiscal year or for the
total of that first fiscal year and the ensuing fiscal years
for which allocations are provided, except when a declaration
of war by the Congress is in effect.
SUMMARY OF THE AMENDMENT TO SENATE AMENDMENT TO H.R. 1865 CONSIDERED AS
ADOPTED
1. Lowey (NY): Extends certain expiring provisions in the
tax code through 2020. It also extends the short line railroads
and biodiesel tax credits though 2022. It also allows for fair
treatment of non-profit employee parking benefits and rural
electric co-ops. Finally, it provides tax relief for families
and businesses facing hardship due to nationally declared
disasters.
TEXT OF AMENDMENT TO SENATE AMENDMENT TO H.R. 1865 CONSIDERED AS
ADOPTED
In section 2, at the end of the table of contents, add the
following:
DIVISION Q--REVENUE PROVISIONS
Add at the end the following:
DIVISION Q--REVENUE PROVISIONS
SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This division may be cited as the
``Taxpayer Certainty and Disaster Tax Relief Act of 2019''.
(b) Table of Contents.--The table of contents for this
division is as follows:
Sec. 1. Short title; etc.
TITLE I--EXTENSION OF CERTAIN EXPIRING PROVISIONS
Subtitle A--Tax Relief and Support for Families and Individuals
Sec. 101. Exclusion from gross income of discharge of qualified
principal residence indebtedness.
Sec. 102. Treatment of mortgage insurance premiums as qualified
residence interest.
Sec. 103. Reduction in medical expense deduction floor.
Sec. 104. Deduction of qualified tuition and related expenses.
Sec. 105. Black lung disability trust fund excise tax.
Subtitle B--Incentives for Employment, Economic Growth, and Community
Development
Sec. 111. Indian employment credit.
Sec. 112. Railroad track maintenance credit.
Sec. 113. Mine rescue team training credit.
Sec. 114. Classification of certain race horses as 3-year property.
Sec. 115. 7-year recovery period for motorsports entertainment
complexes.
Sec. 116. Accelerated depreciation for business property on Indian
reservations.
Sec. 117. Expensing rules for certain productions.
Sec. 118. Empowerment zone tax incentives.
Sec. 119. American Samoa economic development credit.
Subtitle C--Incentives for Energy Production, Efficiency, and Green
Economy Jobs
Sec. 121. Biodiesel and renewable diesel.
Sec. 122. Second generation biofuel producer credit.
Sec. 123. Nonbusiness energy property.
Sec. 124. Qualified fuel cell motor vehicles.
Sec. 125. Alternative fuel refueling property credit.
Sec. 126. 2-wheeled plug-in electric vehicle credit.
Sec. 127. Credit for electricity produced from certain renewable
resources.
Sec. 128. Production credit for Indian coal facilities.
Sec. 129. Energy efficient homes credit.
Sec. 130. Special allowance for second generation biofuel plant
property.
Sec. 131. Energy efficient commercial buildings deduction.
Sec. 132. Special rule for sales or dispositions to implement FERC or
State electric restructuring policy for qualified electric
utilities.
Sec. 133. Extension and clarification of excise tax credits relating to
alternative fuels.
Sec. 134. Oil spill liability trust fund rate.
Subtitle D--Certain Provisions Expiring at the End of 2019
Sec. 141. New markets tax credit.
Sec. 142. Employer credit for paid family and medical leave.
Sec. 143. Work opportunity credit.
Sec. 144. Certain provisions related to beer, wine, and distilled
spirits.
Sec. 145. Look-thru rule for related controlled foreign corporations.
Sec. 146. Credit for health insurance costs of eligible individuals.
TITLE II--DISASTER TAX RELIEF
Sec. 201. Definitions.
Sec. 202. Special disaster-related rules for use of retirement funds.
Sec. 203. Employee retention credit for employers affected by qualified
disasters.
Sec. 204. Other disaster-related tax relief provisions.
Sec. 205. Automatic extension of filing deadlines in case of certain
taxpayers affected by Federally declared disasters.
Sec. 206. Modification of the tax rate for the excise tax on investment
income of private foundations.
Sec. 207. Additional low-income housing credit allocations for qualified
2017 and 2018 California disaster areas.
Sec. 208. Treatment of certain possessions.
TITLE III--OTHER PROVISIONS
Sec. 301. Modification of income for purposes of determining tax-exempt
status of certain mutual or cooperative telephone or electric
companies.
Sec. 302. Repeal of increase in unrelated business taxable income for
certain fringe benefit expenses.
(c) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this division 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.
TITLE I--EXTENSION OF CERTAIN EXPIRING PROVISIONS
Subtitle A--Tax Relief and Support for Families and Individuals
SEC. 101. EXCLUSION FROM GROSS INCOME OF DISCHARGE OF QUALIFIED
PRINCIPAL RESIDENCE INDEBTEDNESS.
(a) In General.--Section 108(a)(1)(E) is amended by striking
``January 1, 2018'' each place it appears and inserting
``January 1, 2021''.
(b) Conforming Amendment.--Section 108(h)(2) is amended by
inserting ``and determined without regard to the substitution
described in section 163(h)(3)(F)(i)(II)'' after ``clause (ii)
thereof''.
(c) Effective Date.--The amendments made by this section
shall apply to discharges of indebtedness after December 31,
2017.
SEC. 102. TREATMENT OF MORTGAGE INSURANCE PREMIUMS AS QUALIFIED
RESIDENCE INTEREST.
(a) In General.--Section 163(h)(3)(E)(iv)(I) is amended by
striking ``December 31, 2017'' and inserting ``December 31,
2020''.
(b) Effective Date.--The amendment made by this section shall
apply to amounts paid or accrued after December 31, 2017.
SEC. 103. REDUCTION IN MEDICAL EXPENSE DEDUCTION FLOOR.
(a) In General.--Section 213(f) is amended to read as
follows:
``(f) Temporary Special Rule.--In the case of taxable years
beginning before January 1, 2021, subsection (a) shall be
applied with respect to a taxpayer by substituting `7.5
percent' for `10 percent'.''.
(b) Alternative Minimum Tax.--Section 56(b)(1) is amended by
striking subparagraph (B) and by redesignating subparagraphs
(C), (D), (E), and (F), as subparagraphs (B), (C), (D), and
(E), respectively.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years ending after December 31, 2018.
SEC. 104. DEDUCTION OF QUALIFIED TUITION AND RELATED EXPENSES.
(a) In General.--Section 222(e) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section shall
apply to taxable years beginning after December 31, 2017.
SEC. 105. BLACK LUNG DISABILITY TRUST FUND EXCISE TAX.
(a) In General.--Section 4121(e)(2)(A) is amended by striking
``December 31, 2018'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section shall
apply on and after the first day of the first calendar month
beginning after the date of the enactment of this Act.
Subtitle B--Incentives for Employment, Economic Growth, and Community
Development
SEC. 111. INDIAN EMPLOYMENT CREDIT.
(a) In General.--Section 45A(f) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section shall
apply to taxable years beginning after December 31, 2017.
SEC. 112. RAILROAD TRACK MAINTENANCE CREDIT.
(a) In General.--Section 45G(f) is amended by striking
``January 1, 2018'' and inserting ``January 1, 2023''.
(b) Safe Harbor Assignments.--Any assignment, including
related expenditures paid or incurred, under section 45G(b)(2)
of the Internal Revenue Code of 1986 for a taxable year
beginning on or after January 1, 2018, and ending before
January 1, 2020, shall be treated as effective as of the close
of such taxable year if made pursuant to a written agreement
entered into no later than 90 days following the date of the
enactment of this Act.
(c) Effective Date.--The amendment made by this section shall
apply to expenditures paid or incurred during taxable years
beginning after December 31, 2017.
SEC. 113. MINE RESCUE TEAM TRAINING CREDIT.
(a) In General.--Section 45N(e) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section shall
apply to taxable years beginning after December 31, 2017.
SEC. 114. CLASSIFICATION OF CERTAIN RACE HORSES AS 3-YEAR PROPERTY.
(a) In General.--Section 168(e)(3)(A)(i) is amended--
(1) by striking ``January 1, 2018'' in subclause (I)
and inserting ``January 1, 2021'', and
(2) by striking ``December 31, 2017'' in subclause
(II) and inserting ``December 31, 2020''.
(b) Effective Date.--The amendments made by this section
shall apply to property placed in service after December 31,
2017.
SEC. 115. 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS ENTERTAINMENT
COMPLEXES.
(a) In General.--Section 168(i)(15)(D) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section shall
apply to property placed in service after December 31, 2017.
SEC. 116. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON INDIAN
RESERVATIONS.
(a) In General.--Section 168(j)(9) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section shall
apply to property placed in service after December 31, 2017.
SEC. 117. EXPENSING RULES FOR CERTAIN PRODUCTIONS.
(a) In General.--Section 181(g) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section shall
apply to productions commencing after December 31, 2017.
SEC. 118. EMPOWERMENT ZONE TAX INCENTIVES.
(a) In General.--Section 1391(d)(1)(A)(i) is amended by
striking ``December 31, 2017'' and inserting ``December 31,
2020''.
(b) Treatment of Certain Termination Dates Specified in
Nominations.--In the case of a designation of an empowerment
zone the nomination for which included a termination date which
is contemporaneous with the date specified in subparagraph
(A)(i) of section 1391(d)(1) of the Internal Revenue Code of
1986 (as in effect before the enactment of this Act),
subparagraph (B) of such section shall not apply with respect
to such designation if, after the date of the enactment of this
section, the entity which made such nomination amends the
nomination to provide for a new termination date in such manner
as the Secretary of the Treasury (or the Secretary's designee)
may provide.
(c) Effective Date.--The amendment made by subsection (a)
shall apply to taxable years beginning after December 31, 2017.
SEC. 119. AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT.
(a) In General.--Section 119(d) of division A of the Tax
Relief and Health Care Act of 2006 is amended--
(1) by striking ``January 1, 2018'' each place it
appears and inserting ``January 1, 2021'',
(2) by striking ``first 12 taxable years'' in
paragraph (1) and inserting ``first 15 taxable years'',
(3) by striking ``first 6 taxable years'' in
paragraph (2) and inserting ``first 9 taxable years'',
and
(4) by adding at the end the following flush
sentence:
``In the case of a corporation described in subsection (a)(2),
the Internal Revenue Code of 1986 shall be applied and
administered without regard to the amendments made by section
401(d)(1) of the Tax Technical Corrections Act of 2018.''.
(b) Conforming Amendment.--Section 119(e) of division A of
the Tax Relief and Health Care Act of 2006 is amended by
inserting ``(as in effect before its repeal)'' after ``section
199 of the Internal Revenue Code of 1986''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31, 2017.
Subtitle C--Incentives for Energy Production, Efficiency, and Green
Economy Jobs
SEC. 121. BIODIESEL AND RENEWABLE DIESEL.
(a) Income Tax Credit.--
(1) In general.--Section 40A(g) is amended by
striking ``December 31, 2017'' and inserting ``December
31, 2022''.
(2) Effective date.--The amendment made by this
subsection shall apply to fuel sold or used after
December 31, 2017.
(b) Excise Tax Incentives.--
(1) Termination.--
(A) In general.--Section 6426(c)(6) is
amended by striking ``December 31, 2017'' and
inserting ``December 31, 2022''.
(B) Payments.--Section 6427(e)(6)(B) is
amended by striking ``December 31, 2017'' and
inserting ``December 31, 2022''.
(2) Effective date.--The amendments made by this
subsection shall apply to fuel sold or used after
December 31, 2017.
(3) Special rule.--Notwithstanding any other
provision of law, in the case of any biodiesel mixture
credit properly determined under section 6426(c) of the
Internal Revenue Code of 1986 for the period beginning
on January 1, 2018, and ending with the close of the
last calendar quarter beginning before the date of the
enactment of this Act, such credit shall be allowed,
and any refund or payment attributable to such credit
(including any payment under section 6427(e) of such
Code) shall be made, only in such manner as the
Secretary of the Treasury (or the Secretary's delegate)
shall provide. Such Secretary shall issue guidance
within 30 days after the date of the enactment of this
Act providing for a one-time submission of claims
covering periods described in the preceding sentence.
Such guidance shall provide for a 180-day period for
the submission of such claims (in such manner as
prescribed by such Secretary) to begin not later than
30 days after such guidance is issued. Such claims
shall be paid by such Secretary not later than 60 days
after receipt. If such Secretary has not paid pursuant
to a claim filed under this subsection within 60 days
after the date of the filing of such claim, the claim
shall be paid with interest from such date determined
by using the overpayment rate and method under section
6621 of such Code.
SEC. 122. SECOND GENERATION BIOFUEL PRODUCER CREDIT.
(a) In General.--Section 40(b)(6)(J)(i) is amended by
striking ``January 1, 2018'' and inserting ``January 1, 2021''.
(b) Effective Date.--The amendment made by this section shall
apply to qualified second generation biofuel production after
December 31, 2017.
SEC. 123. NONBUSINESS ENERGY PROPERTY.
(a) In General.--Section 25C(g)(2) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2020''.
(b) Technical Amendment.--Section 25C(d)(3) is amended--
(1) by striking ``an energy factor of at least 2.0''
in subparagraph (A) and inserting ``a Uniform Energy
Factor of at least 2.2'', and
(2) by striking ``an energy factor'' in subparagraph
(D) and inserting ``a Uniform Energy Factor''.
(c) Effective Date.--The amendments made by this section
shall apply to property placed in service after December 31,
2017.
SEC. 124. QUALIFIED FUEL CELL MOTOR VEHICLES.
(a) In General.--Section 30B(k)(1) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section shall
apply to property purchased after December 31, 2017.
SEC. 125. ALTERNATIVE FUEL REFUELING PROPERTY CREDIT.
(a) In General.--Section 30C(g) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section shall
apply to property placed in service after December 31, 2017.
SEC. 126. 2-WHEELED PLUG-IN ELECTRIC VEHICLE CREDIT.
(a) In General.--Section 30D(g)(3)(E)(ii) is amended by
striking ``January 1, 2018'' and inserting ``January 1, 2021''.
(b) Effective Date.--The amendment made by this section shall
apply to vehicles acquired after December 31, 2017.
SEC. 127. CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE
RESOURCES.
(a) In General.--The following provisions of section 45(d)
are each amended by striking ``January 1, 2018'' each place it
appears and inserting ``January 1, 2021'':
(1) Paragraph (2)(A).
(2) Paragraph (3)(A).
(3) Paragraph (4)(B).
(4) Paragraph (6).
(5) Paragraph (7).
(6) Paragraph (9).
(7) Paragraph (11)(B).
(b) Extension of Election to Treat Qualified Facilities as
Energy Property.--Section 48(a)(5)(C)(ii) is amended by
striking ``January 1, 2018 (January 1, 2020, in the case of any
facility which is described in paragraph (1) of section
45(d))'' and inserting ``January 1, 2021''.
(c) Application of Extension to Wind Facilities.--
(1) In general.--Section 45(d)(1) is amended by
striking ``January 1, 2020'' and inserting ``January 1,
2021''.
(2) Application of phaseout percentage.--
(A) In general.--Section 45(b)(5) is amended
by striking ``and'' at the end of subparagraph
(B), by striking the period at the end of
subparagraph (C) and inserting ``, and'', and
by adding at the end the following new
subparagraph:
``(D) in the case of any facility the
construction of which begins after December 31,
2019, and before January 1, 2021, 40
percent.''.
(B) Treatment as energy property.--Section
48(a)(5)(E) is amended by striking ``and'' at
the end of clause (ii), by striking the period
at the end of clause (iii) and inserting ``,
and'', and by adding at the end the following
new clause:
``(iv) in the case of any facility
the construction of which begins after
December 31, 2019, and before January
1, 2021, 40 percent.''.
(d) Effective Date.--The amendments made by this section
shall take effect on January 1, 2018.
SEC. 128. PRODUCTION CREDIT FOR INDIAN COAL FACILITIES.
(a) In General.--Section 45(e)(10)(A) is amended by striking
``12-year period'' each place it appears and inserting ``15-
year period''.
(b) Effective Date.--The amendment made by this section shall
apply to coal produced after December 31, 2017.
SEC. 129. ENERGY EFFICIENT HOMES CREDIT.
(a) In General.--Section 45L(g) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section shall
apply to homes acquired after December 31, 2017.
SEC. 130. SPECIAL ALLOWANCE FOR SECOND GENERATION BIOFUEL PLANT
PROPERTY.
(a) In General.--Section 168(l)(2)(D) is amended by striking
``January 1, 2018'' and inserting ``January 1, 2021''.
(b) Effective Date.--The amendment made by this section shall
apply to property placed in service after December 31, 2017.
SEC. 131. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.
(a) In General.--Section 179D(h) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2020''.
(b) Effective Dates.--The amendment made by subsection (a)
shall apply to property placed in service after December 31,
2017.
SEC. 132. SPECIAL RULE FOR SALES OR DISPOSITIONS TO IMPLEMENT FERC OR
STATE ELECTRIC RESTRUCTURING POLICY FOR QUALIFIED
ELECTRIC UTILITIES.
(a) In General.--Section 451(k)(3) is amended by striking
``January 1, 2018'' and inserting ``January 1, 2021''.
(b) Effective Date.--The amendment made by this section shall
apply to dispositions after December 31, 2017.
SEC. 133. EXTENSION AND CLARIFICATION OF EXCISE TAX CREDITS RELATING TO
ALTERNATIVE FUELS.
(a) Extension.--
(1) In general.--Sections 6426(d)(5) and 6426(e)(3)
are each amended by striking ``December 31, 2017'' and
inserting ``December 31, 2020''.
(2) Outlay payments for alternative fuels.--Section
6427(e)(6)(C) is amended by striking ``December 31,
2017'' and inserting ``December 31, 2020''.
(3) Special rule.--Notwithstanding any other
provision of law, in the case of any alternative fuel
credit properly determined under section 6426(d) of the
Internal Revenue Code of 1986 for the period beginning
on January 1, 2018, and ending with the close of the
last calendar quarter beginning before the date of the
enactment of this Act, such credit shall be allowed,
and any refund or payment attributable to such credit
(including any payment under section 6427(e) of such
Code) shall be made, only in such manner as the
Secretary of the Treasury (or the Secretary's delegate)
shall provide. Such Secretary shall issue guidance
within 30 days after the date of the enactment of this
Act providing for a one-time submission of claims
covering periods described in the preceding sentence.
Such guidance shall provide for a 180-day period for
the submission of such claims (in such manner as
prescribed by such Secretary) to begin not later than
30 days after such guidance is issued. Such claims
shall be paid by such Secretary not later than 60 days
after receipt. If such Secretary has not paid pursuant
to a claim filed under this subsection within 60 days
after the date of the filing of such claim, the claim
shall be paid with interest from such date determined
by using the overpayment rate and method under section
6621 of such Code.
(4) Effective date.--The amendments made by this
subsection shall apply to fuel sold or used after
December 31, 2017.
(b) Clarification of Rules Regarding Alternative Fuel Mixture
Credit.--
(1) In general.--Paragraph (2) of section 6426(e) is
amended by striking ``mixture of alternative fuel'' and
inserting ``mixture of alternative fuel (other than a
fuel described in subparagraph (A), (C), or (F) of
subsection (d)(2))''.
(2) Effective date.--The amendment made by this
subsection shall apply to--
(A) fuel sold or used on or after the date of
the enactment of this Act, and
(B) fuel sold or used before such date of
enactment, but only to the extent that claims
for the credit under section 6426(e) of the
Internal Revenue Code of 1986 with respect to
such sale or use--
(i) have not been paid or allowed as
of such date, and
(ii) were made on or after January 8,
2018.
(3) No inference.--Nothing contained in this
subsection or the amendments made by this subsection
shall be construed to create any inference as to a
change in law or guidance in effect prior to enactment
of this subsection.
SEC. 134. OIL SPILL LIABILITY TRUST FUND RATE.
(a) In General.--Section 4611(f)(2) is amended by striking
``December 31, 2018'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section shall
apply on and after the first day of the first calendar month
beginning after the date of the enactment of this Act.
Subtitle D--Certain Provisions Expiring at the End of 2019
SEC. 141. NEW MARKETS TAX CREDIT.
(a) In General.--Section 45D(f)(1) is amended by striking
``and'' at the end of subparagraph (F), by striking the period
at the end of subparagraph (G) and inserting ``, and'', and by
adding at the end the following new subparagraph:
``(H) $5,000,000,000 for 2020.''.
(b) Carryover of Unused Limitation.--Section 45D(f)(3) is
amended by striking ``2024'' and inserting ``2025''.
(c) Effective Date.--The amendments made by this section
shall apply to calendar years beginning after December 31,
2019.
SEC. 142. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE.
(a) In General.--Section 45S(i) is amended by striking
``December 31, 2019'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section shall
apply to wages paid in taxable years beginning after December
31, 2019.
SEC. 143. WORK OPPORTUNITY CREDIT.
(a) In General.--Section 51(c)(4) is amended by striking
``December 31, 2019'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section shall
apply to individuals who begin work for the employer after
December 31, 2019.
SEC. 144. CERTAIN PROVISIONS RELATED TO BEER, WINE, AND DISTILLED
SPIRITS.
(a) Exemption for Aging Process of Beer, Wine, and Distilled
Spirits.--
(1) In general.--Section 263A(f)(4)(B) is amended by
striking ``December 31, 2019'' and inserting ``December
31, 2020''.
(2) Effective date.--The amendment made by this
subsection shall apply to interest costs paid or
accrued after December 31, 2019.
(b) Reduced Rate of Excise Tax on Beer.--
(1) In general.--Paragraphs (1)(C) and (2)(A) of
section 5051(a) are each amended by striking ``January
1, 2020'' and inserting ``January 1, 2021''.
(2) Effective date.--The amendments made by this
subsection shall apply to beer removed after December
31, 2019.
(c) Transfer of Beer Between Bonded Facilities.--
(1) In general.--Section 5414(b)(3) is amended by
striking ``December 31, 2019'' and inserting ``December
31, 2020''.
(2) Effective date.--The amendment made by this
subsection shall apply to calendar quarters beginning
after December 31, 2019.
(d) Reduced Rate of Excise Tax on Certain Wine.--
(1) In general.--Section 5041(c)(8)(A) is amended by
striking ``January 1, 2020'' and inserting ``January 1,
2021''.
(2) Conforming amendment.--The heading of section
5041(c)(8) is amended by striking ``Special rule for
2018 and 2019'' and inserting ``Temporary special
rule''.
(3) Effective date.--The amendments made by this
subsection shall apply to wine removed after December
31, 2019.
(e) Adjustment of Alcohol Content Level for Application of
Excise Taxes.--
(1) In general.--Paragraphs (1) and (2) of section
5041(b) are each amended by striking ``January 1,
2020'' and inserting ``January 1, 2021''.
(2) Effective date.--The amendments made by this
subsection shall apply to wine removed after December
31, 2019.
(f) Definition of Mead and Low Alcohol by Volume Wine.--
(1) In general.--Section 5041(h)(3) is amended by
striking ``December 31, 2019'' and inserting ``December
31, 2020''.
(2) Effective date.--The amendment made by this
subsection shall apply to wine removed after December
31, 2019.
(g) Reduced Rate of Excise Tax on Certain Distilled
Spirits.--
(1) In general.--Section 5001(c)(4) is amended by
striking ``December 31, 2019'' and inserting ``December
31, 2020''.
(2) Conforming amendment.--The heading of section
5001(c) is amended by striking ``Reduced Rate for 2018
and 2019'' and inserting ``Temporary Reduced Rate''.
(3) Effective date.--The amendments made by this
subsection shall apply to distilled spirits removed
after December 31, 2019.
(h) Bulk Distilled Spirits.--
(1) In general.--Section 5212 is amended by striking
``January 1, 2020'' and inserting ``January 1, 2021''.
(2) Effective date.--The amendment made by this
subsection shall apply to distilled spirits transferred
in bond after December 31, 2019.
(i) Simplification of Rules Regarding Records, Statements,
and Returns.--
(1) In general.--Section 5555(a) is amended by
striking ``January 1, 2020'' and inserting ``January 1,
2021''.
(2) Effective date.--The amendment made by this
subsection shall apply to calendar quarters beginning
after December 31, 2019.
(j) Technical Correction.--
(1) In general.--Section 5041(c)(8) is amended by
adding at the end the following new subparagraph:
``(C) Application of certain rules.--
Paragraphs (3) and (6) shall be applied by
substituting `paragraph (1) or (8)' for
`paragraph (1)' each place it appears
therein.''.
(2) Effective date.--The amendment made by this
subsection shall take effect as if included in section
13804 of Public Law 115-97.
SEC. 145. LOOK-THRU RULE FOR RELATED CONTROLLED FOREIGN CORPORATIONS.
(a) In General.--Section 954(c)(6)(C) is amended by striking
``January 1, 2020'' and inserting ``January 1, 2021''.
(b) Effective Date.--The amendment made by this section shall
apply to taxable years of foreign corporations beginning after
December 31, 2019, and to taxable years of United States
shareholders with or within which such taxable years of foreign
corporations end.
SEC. 146. CREDIT FOR HEALTH INSURANCE COSTS OF ELIGIBLE INDIVIDUALS.
(a) In General.--Section 35(b)(1)(B) is amended by striking
``January 1, 2020'' and inserting ``January 1, 2021''.
(b) Effective Date.--The amendment made by this section shall
apply to months beginning after December 31, 2019.
TITLE II--DISASTER TAX RELIEF
SEC. 201. DEFINITIONS.
For purposes of this title--
(1) Qualified disaster area.--
(A) In general.--The term ``qualified
disaster area'' means any area with respect to
which a major disaster was declared, during the
period beginning on January 1, 2018, and ending
on the date which is 60 days after the date of
the enactment of this Act, by the President
under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act if
the incident period of the disaster with
respect to which such declaration is made
begins on or before the date of the enactment
of this Act.
(B) Denial of double benefit.--Such term
shall not include the California wildfire
disaster area (as defined in section 20101 of
subdivision 2 of division B of the Bipartisan
Budget Act of 2018).
(2) Qualified disaster zone.--The term ``qualified
disaster zone'' means that portion of any qualified
disaster area which was determined by the President,
during the period beginning on January 1, 2018, and
ending on the date which is 60 days after the date of
the enactment of this Act, to warrant individual or
individual and public assistance from the Federal
Government under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act by reason of the qualified
disaster with respect to such disaster area.
(3) Qualified disaster.--The term ``qualified
disaster'' means, with respect to any qualified
disaster area, the disaster by reason of which a major
disaster was declared with respect to such area.
(4) Incident period.--The term ``incident period''
means, with respect to any qualified disaster, the
period specified by the Federal Emergency Management
Agency as the period during which such disaster
occurred (except that for purposes of this title such
period shall not be treated as beginning before January
1, 2018, or ending after the date which is 30 days
after the date of the enactment of this Act).
SEC. 202. SPECIAL DISASTER-RELATED RULES FOR USE OF RETIREMENT FUNDS.
(a) Tax-favored Withdrawals From Retirement Plans.--
(1) In general.--Section 72(t) of the Internal
Revenue Code of 1986 shall not apply to any qualified
disaster distribution.
(2) Aggregate dollar limitation.--
(A) In general.--For purposes of this
subsection, the aggregate amount of
distributions received by an individual which
may be treated as qualified disaster
distributions for any taxable year shall not
exceed the excess (if any) of--
(i) $100,000, over
(ii) the aggregate amounts treated as
qualified disaster distributions
received by such individual for all
prior taxable years.
(B) Treatment of plan distributions.--If a
distribution to an individual would (without
regard to subparagraph (A)) be a qualified
disaster distribution, a plan shall not be
treated as violating any requirement of the
Internal Revenue Code of 1986 merely because
the plan treats such distribution as a
qualified disaster distribution, unless the
aggregate amount of such distributions from all
plans maintained by the employer (and any
member of any controlled group which includes
the employer) to such individual exceeds
$100,000.
(C) Controlled group.--For purposes of
subparagraph (B), the term ``controlled group''
means any group treated as a single employer
under subsection (b), (c), (m), or (o) of
section 414 of the Internal Revenue Code of
1986.
(D) Special rule for individuals affected by
more than one disaster.--The limitation of
subparagraph (A) shall be applied separately
with respect to distributions made with respect
to each qualified disaster.
(3) Amount distributed may be repaid.--
(A) In general.--Any individual who receives
a qualified disaster distribution may, at any
time during the 3-year period beginning on the
day after the date on which such distribution
was received, make 1 or more contributions in
an aggregate amount not to exceed the amount of
such distribution to an eligible retirement
plan of which such individual is a beneficiary
and to which a rollover contribution of such
distribution could be made under section
402(c), 403(a)(4), 403(b)(8), 408(d)(3), or
457(e)(16), of the Internal Revenue Code of
1986, as the case may be.
(B) Treatment of repayments of distributions
from eligible retirement plans other than
iras.--For purposes of the Internal Revenue
Code of 1986, if a contribution is made
pursuant to subparagraph (A) with respect to a
qualified disaster distribution from an
eligible retirement plan other than an
individual retirement plan, then the taxpayer
shall, to the extent of the amount of the
contribution, be treated as having received the
qualified disaster distribution in an eligible
rollover distribution (as defined in section
402(c)(4) of such Code) and as having
transferred the amount to the eligible
retirement plan in a direct trustee to trustee
transfer within 60 days of the distribution.
(C) Treatment of repayments of distributions
from iras.--For purposes of the Internal
Revenue Code of 1986, if a contribution is made
pursuant to subparagraph (A) with respect to a
qualified disaster distribution from an
individual retirement plan (as defined by
section 7701(a)(37) of such Code), then, to the
extent of the amount of the contribution, the
qualified disaster distribution shall be
treated as a distribution described in section
408(d)(3) of such Code and as having been
transferred to the eligible retirement plan in
a direct trustee to trustee transfer within 60
days of the distribution.
(4) Definitions.--For purposes of this subsection--
(A) Qualified disaster distribution.--Except
as provided in paragraph (2), the term
``qualified disaster distribution'' means any
distribution from an eligible retirement plan
made--
(i) on or after the first day of the
incident period of a qualified disaster
and before the date which is 180 days
after the date of the enactment of this
Act, and
(ii) to an individual whose principal
place of abode at any time during the
incident period of such qualified
disaster is located in the qualified
disaster area with respect to such
qualified disaster and who has
sustained an economic loss by reason of
such qualified disaster.
(B) Eligible retirement plan.--The term
``eligible retirement plan'' shall have the
meaning given such term by section 402(c)(8)(B)
of the Internal Revenue Code of 1986.
(5) Income inclusion spread over 3-year period.--
(A) In general.--In the case of any qualified
disaster distribution, unless the taxpayer
elects not to have this paragraph apply for any
taxable year, any amount required to be
included in gross income for such taxable year
shall be so included ratably over the 3-
taxable-year period beginning with such taxable
year.
(B) Special rule.--For purposes of
subparagraph (A), rules similar to the rules of
subparagraph (E) of section 408A(d)(3) of the
Internal Revenue Code of 1986 shall apply.
(6) Special rules.--
(A) Exemption of distributions from trustee
to trustee transfer and withholding rules.--For
purposes of sections 401(a)(31), 402(f), and
3405 of the Internal Revenue Code of 1986,
qualified disaster distributions shall not be
treated as eligible rollover distributions.
(B) Qualified disaster distributions treated
as meeting plan distribution requirements.--For
purposes the Internal Revenue Code of 1986, a
qualified disaster distribution shall be
treated as meeting the requirements of sections
401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11),
and 457(d)(1)(A) of such Code.
(b) Recontributions of Withdrawals for Home Purchases.--
(1) Recontributions.--
(A) In general.--Any individual who received
a qualified distribution may, during the
applicable period, make 1 or more contributions
in an aggregate amount not to exceed the amount
of such qualified distribution to an eligible
retirement plan (as defined in section
402(c)(8)(B) of the Internal Revenue Code of
1986) of which such individual is a beneficiary
and to which a rollover contribution of such
distribution could be made under section
402(c), 403(a)(4), 403(b)(8), or 408(d)(3), of
such Code, as the case may be.
(B) Treatment of repayments.--Rules similar
to the rules of subparagraphs (B) and (C) of
subsection (a)(3) shall apply for purposes of
this subsection.
(2) Qualified distribution.--For purposes of this
subsection, the term ``qualified distribution'' means
any distribution--
(A) described in section 401(k)(2)(B)(i)(IV),
403(b)(7)(A)(ii) (but only to the extent such
distribution relates to financial hardship),
403(b)(11)(B), or 72(t)(2)(F), of the Internal
Revenue Code of 1986,
(B) which was to be used to purchase or
construct a principal residence in a qualified
disaster area, but which was not so used on
account of the qualified disaster with respect
to such area, and
(C) which was received during the period
beginning on the date which is 180 days before
the first day of the incident period of such
qualified disaster and ending on the date which
is 30 days after the last day of such incident
period.
(3) Applicable period.--For purposes of this
subsection, the term ``applicable period'' means, in
the case of a principal residence in a qualified
disaster area with respect to any qualified disaster,
the period beginning on the first day of the incident
period of such qualified disaster and ending on the
date which is 180 days after the date of the enactment
of this Act.
(c) Loans From Qualified Plans.--
(1) Increase in limit on loans not treated as
distributions.--In the case of any loan from a
qualified employer plan (as defined under section
72(p)(4) of the Internal Revenue Code of 1986) to a
qualified individual made during the 180-day period
beginning on the date of the enactment of this Act--
(A) clause (i) of section 72(p)(2)(A) of such
Code shall be applied by substituting
``$100,000'' for ``$50,000'', and
(B) clause (ii) of such section shall be
applied by substituting ``the present value of
the nonforfeitable accrued benefit of the
employee under the plan'' for ``one-half of the
present value of the nonforfeitable accrued
benefit of the employee under the plan''.
(2) Delay of repayment.--In the case of a qualified
individual (with respect to any qualified disaster)
with an outstanding loan (on or after the first day of
the incident period of such qualified disaster) from a
qualified employer plan (as defined in section 72(p)(4)
of the Internal Revenue Code of 1986)--
(A) if the due date pursuant to subparagraph
(B) or (C) of section 72(p)(2) of such Code for
any repayment with respect to such loan occurs
during the period beginning on the first day of
the incident period of such qualified disaster
and ending on the date which is 180 days after
the last day of such incident period, such due
date shall be delayed for 1 year (or, if later,
until the date which is 180 days after the date
of the enactment of this Act),
(B) any subsequent repayments with respect to
any such loan shall be appropriately adjusted
to reflect the delay in the due date under
subparagraph (A) and any interest accruing
during such delay, and
(C) in determining the 5-year period and the
term of a loan under subparagraph (B) or (C) of
section 72(p)(2) of such Code, the period
described in subparagraph (A) of this paragraph
shall be disregarded.
(3) Qualified individual.--For purposes of this
subsection, the term ``qualified individual'' means any
individual--
(A) whose principal place of abode at any
time during the incident period of any
qualified disaster is located in the qualified
disaster area with respect to such qualified
disaster, and
(B) who has sustained an economic loss by
reason of such qualified disaster.
(d) Provisions Relating to Plan Amendments.--
(1) In general.--If this subsection applies to any
amendment to any plan or annuity contract, such plan or
contract shall be treated as being operated in
accordance with the terms of the plan during the period
described in paragraph (2)(B)(i).
(2) Amendments to which subsection applies.--
(A) In general.--This subsection shall apply
to any amendment to any plan or annuity
contract which is made--
(i) pursuant to any provision of this
section, or pursuant to any regulation
issued by the Secretary or the
Secretary of Labor under any provision
of this section, and
(ii) on or before the last day of the
first plan year beginning on or after
January 1, 2020, or such later date as
the Secretary may prescribe.
In the case of a governmental plan (as defined
in section 414(d) of the Internal Revenue Code
of 1986), clause (ii) shall be applied by
substituting the date which is 2 years after
the date otherwise applied under clause (ii).
(B) Conditions.--This subsection shall not
apply to any amendment unless--
(i) during the period--
(I) beginning on the date
that this section or the
regulation described in
subparagraph (A)(i) takes
effect (or in the case of a
plan or contract amendment not
required by this section or
such regulation, the effective
date specified by the plan),
and
(II) ending on the date
described in subparagraph
(A)(ii) (or, if earlier, the
date the plan or contract
amendment is adopted),
the plan or contract is operated as if such
plan or contract amendment were in effect, and
(ii) such plan or contract amendment
applies retroactively for such period.
SEC. 203. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS AFFECTED BY QUALIFIED
DISASTERS.
(a) In General.--For purposes of section 38 of the Internal
Revenue Code of 1986, in the case of an eligible employer, the
2018 through 2019 qualified disaster employee retention credit
shall be treated as a credit listed at the end of subsection
(b) of such section. For purposes of this subsection, the 2018
through 2019 qualified disaster employee retention credit for
any taxable year is an amount equal to 40 percent of the
qualified wages with respect to each eligible employee of such
employer for such taxable year. The amount of qualified wages
with respect to any employee which may be taken into account
under this subsection by the employer for any taxable year
shall not exceed $6,000 (reduced by the amount of qualified
wages with respect to such employee which may be so taken into
account for any prior taxable year).
(b) Definitions.--For purposes of this section--
(1) Eligible employer.--The term ``eligible
employer'' means any employer--
(A) which conducted an active trade or
business in a qualified disaster zone at any
time during the incident period of the
qualified disaster with respect to such
qualified disaster zone, and
(B) with respect to whom the trade or
business described in subparagraph (A) is
inoperable at any time during the period
beginning on the first day of the incident
period of such qualified disaster and ending on
the date of the enactment of this Act, as a
result of damage sustained by reason of such
qualified disaster.
(2) Eligible employee.--The term ``eligible
employee'' means with respect to an eligible employer
an employee whose principal place of employment with
such eligible employer (determined immediately before
the qualified disaster referred to in paragraph (1))
was in the qualified disaster zone referred to in such
paragraph.
(3) Qualified wages.--The term ``qualified wages''
means wages (as defined in section 51(c)(1) of the
Internal Revenue Code of 1986, but without regard to
section 3306(b)(2)(B) of such Code) paid or incurred by
an eligible employer with respect to an eligible
employee at any time on or after the date on which the
trade or business described in paragraph (1) first
became inoperable at the principal place of employment
of the employee (determined immediately before the
qualified disaster referred to in such paragraph) and
before the earlier of--
(A) the date on which such trade or business
has resumed significant operations at such
principal place of employment, or
(B) the date which 150 days after the last
day of the incident period of the qualified
disaster referred to in paragraph (1).
Such term shall include wages paid without regard to
whether the employee performs no services, performs
services at a different place of employment than such
principal place of employment, or performs services at
such principal place of employment before significant
operations have resumed.
(c) Certain Rules to Apply.--For purposes of this section,
rules similar to the rules of sections 51(i)(1), 52, and
280C(a), of the Internal Revenue Code of 1986, shall apply.
(d) Employee Not Taken Into Account More Than Once.--An
employee shall not be treated as an eligible employee for
purposes of this section for any period with respect to any
employer if such employer is allowed a credit under section 51
of the Internal Revenue Code of 1986 with respect to such
employee for such period.
SEC. 204. OTHER DISASTER-RELATED TAX RELIEF PROVISIONS.
(a) Temporary Increase in Limitation on Qualified
Contributions.--
(1) Suspension of current limitation.--Except as
otherwise provided in paragraph (2), qualified
contributions shall be disregarded in applying
subsections (b) and (d) of section 170 of the Internal
Revenue Code of 1986.
(2) Application of increased limitation.--For
purposes of section 170 of the Internal Revenue Code of
1986--
(A) Individuals.--In the case of an
individual--
(i) Limitation.--Any qualified
contribution shall be allowed as a
deduction only to the extent that the
aggregate of such contributions does
not exceed the excess of the taxpayer's
contribution base (as defined in
subparagraph (H) of section 170(b)(1)
of such Code) over the amount of all
other charitable contributions allowed
under section 170(b)(1) of such Code.
(ii) Carryover.--If the aggregate
amount of qualified contributions made
in the contribution year (within the
meaning of section 170(d)(1) of such
Code) exceeds the limitation of clause
(i), such excess shall be added to the
excess described in section
170(b)(1)(G)(ii).
(B) Corporations.--In the case of a
corporation--
(i) Limitation.--Any qualified
contribution shall be allowed as a
deduction only to the extent that the
aggregate of such contributions does
not exceed the excess of the taxpayer's
taxable income (as determined under
paragraph (2) of section 170(b) of such
Code) over the amount of all other
charitable contributions allowed under
such paragraph.
(ii) Carryover.--If the aggregate
amount of qualified contributions made
in the contribution year (within the
meaning of section 170(d)(2) of such
Code) exceeds the limitation of clause
(i), such excess shall be appropriately
taken into account under section
170(d)(2) subject to the limitations
thereof.
(3) Qualified contributions.--
(A) In general.--For purposes of this
subsection, the term ``qualified contribution''
means any charitable contribution (as defined
in section 170(c) of the Internal Revenue Code
of 1986) if--
(i) such contribution--
(I) is paid, during the
period beginning on January 1,
2018, and ending on the date
which is 60 days after the date
of the enactment of this Act,
in cash to an organization
described in section
170(b)(1)(A) of such Code, and
(II) is made for relief
efforts in one or more
qualified disaster areas,
(ii) the taxpayer obtains from such
organization contemporaneous written
acknowledgment (within the meaning of
section 170(f)(8) of such Code) that
such contribution was used (or is to be
used) for relief efforts described in
clause (i)(II), and
(iii) the taxpayer has elected the
application of this subsection with
respect to such contribution.
(B) Exception.--Such term shall not include a
contribution by a donor if the contribution
is--
(i) to an organization described in
section 509(a)(3) of the Internal
Revenue Code of 1986, or
(ii) for the establishment of a new,
or maintenance of an existing, donor
advised fund (as defined in section
4966(d)(2) of such Code).
(C) Application of election to partnerships
and s corporations.--In the case of a
partnership or S corporation, the election
under subparagraph (A)(iii) shall be made
separately by each partner or shareholder.
(b) Special Rules for Qualified Disaster-related Personal
Casualty Losses.--
(1) In general.--If an individual has a net disaster
loss for any taxable year--
(A) the amount determined under section
165(h)(2)(A)(ii) of the Internal Revenue Code
of 1986 shall be equal to the sum of--
(i) such net disaster loss, and
(ii) so much of the excess referred
to in the matter preceding clause (i)
of section 165(h)(2)(A) of such Code
(reduced by the amount in clause (i) of
this subparagraph) as exceeds 10
percent of the adjusted gross income of
the individual,
(B) section 165(h)(1) of such Code shall be
applied by substituting ``$500'' for ``$500
($100 for taxable years beginning after
December 31, 2009)'',
(C) the standard deduction determined under
section 63(c) of such Code shall be increased
by the net disaster loss, and
(D) section 56(b)(1)(E) of such Code (section
56(b)(1)(D) of such Code in the case of taxable
years ending after December 31, 2018) shall not
apply to so much of the standard deduction as
is attributable to the increase under
subparagraph (C) of this paragraph.
(2) Net disaster loss.--For purposes of this
subsection, the term ``net disaster loss'' means the
excess of qualified disaster-related personal casualty
losses over personal casualty gains (as defined in
section 165(h)(3)(A) of the Internal Revenue Code of
1986).
(3) Qualified disaster-related personal casualty
losses.--For purposes of this subsection, the term
``qualified disaster-related personal casualty losses''
means losses described in section 165(c)(3) of the
Internal Revenue Code of 1986 which arise in a
qualified disaster area on or after the first day of
the incident period of the qualified disaster to which
such area relates, and which are attributable to such
qualified disaster.
(c) Special Rule for Determining Earned Income.--
(1) In general.--In the case of a qualified
individual, if the earned income of the taxpayer for
the applicable taxable year is less than the earned
income of the taxpayer for the preceding taxable year,
the credits allowed under sections 24(d) and 32 of the
Internal Revenue Code of 1986 may, at the election of
the taxpayer, be determined by substituting--
(A) such earned income for the preceding
taxable year, for
(B) such earned income for the applicable
taxable year.
(2) Qualified individual.--For purposes of this
subsection, the term ``qualified individual'' means any
individual whose principal place of abode at any time
during the incident period of any qualified disaster
was located--
(A) in the qualified disaster zone with
respect to such qualified disaster, or
(B) in the qualified disaster area with
respect to such qualified disaster (but outside
the qualified disaster zone with respect to
such qualified disaster) and such individual
was displaced from such principal place of
abode by reason of such qualified disaster.
(3) Applicable taxable year.--For purposes of this
subsection, the term ``applicable taxable year''
means--
(A) in the case of a qualified individual
other than an individual described in
subparagraph (B), any taxable year which
includes any portion of the incident period of
the qualified disaster to which the qualified
disaster area referred to in paragraph (2)(A)
relates, or
(B) in the case of a qualified individual
described in subparagraph (B) of paragraph (2),
any taxable year which includes any portion of
the period described in such subparagraph.
(4) Earned income.--For purposes of this subsection,
the term ``earned income'' has the meaning given such
term under section 32(c) of the Internal Revenue Code
of 1986.
(5) Special rules.--
(A) Application to joint returns.--For
purposes of paragraph (1), in the case of a
joint return for an applicable taxable year--
(i) such paragraph shall apply if
either spouse is a qualified
individual, and
(ii) the earned income of the
taxpayer for the preceding taxable year
shall be the sum of the earned income
of each spouse for such preceding
taxable year.
(B) Uniform application of election.--Any
election made under paragraph (1) shall apply
with respect to both sections 24(d) and 32 of
the Internal Revenue Code of 1986.
(C) Errors treated as mathematical error.--
For purposes of section 6213 of the Internal
Revenue Code of 1986, an incorrect use on a
return of earned income pursuant to paragraph
(1) shall be treated as a mathematical or
clerical error.
(D) No effect on determination of gross
income, etc.--Except as otherwise provided in
this subsection, the Internal Revenue Code of
1986 shall be applied without regard to any
substitution under paragraph (1).
SEC. 205. AUTOMATIC EXTENSION OF FILING DEADLINES IN CASE OF CERTAIN
TAXPAYERS AFFECTED BY FEDERALLY DECLARED DISASTERS.
(a) In General.--Section 7508A is amended by adding at the
end the following new subsection:
``(d) Mandatory 60-day Extension.--
``(1) In general.--In the case of any qualified
taxpayer, the period--
``(A) beginning on the earliest incident date
specified in the declaration to which the
disaster area referred to in paragraph (2)
relates, and
``(B) ending on the date which is 60 days
after the latest incident date so specified,
shall be disregarded in the same manner as a period
specified under subsection (a).
``(2) Qualified taxpayer.--For purposes of this
subsection, the term `qualified taxpayer' means--
``(A) any individual whose principal
residence (for purposes of section 1033(h)(4))
is located in a disaster area,
``(B) any taxpayer if the taxpayer's
principal place of business (other than the
business of performing services as an employee)
is located in a disaster area,
``(C) any individual who is a relief worker
affiliated with a recognized government or
philanthropic organization and who is assisting
in a disaster area,
``(D) any taxpayer whose records necessary to
meet a deadline for an act described in section
7508(a)(1) are maintained in a disaster area,
``(E) any individual visiting a disaster area
who was killed or injured as a result of the
disaster, and
``(F) solely with respect to a joint return,
any spouse of an individual described in any
preceding subparagraph of this paragraph.
``(3) Disaster area.--For purposes of this
subsection, the term `disaster area' has the meaning
given such term under subparagraph (B) of section
165(i)(5) with respect to a Federally declared disaster
(as defined in subparagraph (A) of such section).
``(4) Application to rules regarding pensions.--In
the case of any person described in subsection (b), a
rule similar to the rule of paragraph (1) shall apply
for purposes of subsection (b) with respect to--
``(A) making contributions to a qualified
retirement plan (within the meaning of section
4974(c)) under section 219(f)(3), 404(a)(6),
404(h)(1)(B), or 404(m)(2),
``(B) making distributions under section
408(d)(4),
``(C) recharacterizing contributions under
section 408A(d)(6), and
``(D) making a rollover under section 402(c),
403(a)(4), 403(b)(8), or 408(d)(3).
``(5) Coordination with periods specified by the
secretary.--Any period described in paragraph (1) with
respect to any person (including by reason of the
application of paragraph (4)) shall be in addition to
(or concurrent with, as the case may be) any period
specified under subsection (a) or (b) with respect to
such person.''.
(b) Effective Date.--The amendment made by this section shall
apply to federally declared disasters declared after the date
of the enactment of this Act.
SEC. 206. MODIFICATION OF THE TAX RATE FOR THE EXCISE TAX ON INVESTMENT
INCOME OF PRIVATE FOUNDATIONS.
(a) In General.--Section 4940(a) is amended by striking ``2
percent'' and inserting ``1.39 percent''.
(b) Elimination of Reduced Tax Where Foundation Meets Certain
Distribution Requirements.--Section 4940 is amended by striking
subsection (e).
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
SEC. 207. ADDITIONAL LOW-INCOME HOUSING CREDIT ALLOCATIONS FOR
QUALIFIED 2017 AND 2018 CALIFORNIA DISASTER AREAS.
(a) In General.--For purposes of section 42 of the Internal
Revenue Code of 1986, the State housing credit ceiling for
California for calendar year 2020 shall be increased by the
lesser of--
(1) the aggregate housing credit dollar amount
allocated by the State housing credit agencies of
California for such calendar year to buildings located
in qualified 2017 and 2018 California disaster areas,
or
(2) 50 percent of the sum of the State housing credit
ceilings for California for calendar years 2017 and
2018.
(b) Allocations Treated as Made First From Additional
Allocation for Purposes of Determining Carryover.--For purposes
of determining the unused State housing credit ceiling for any
calendar year under section 42(h)(3)(C) of the Internal Revenue
Code of 1986, any increase in the State housing credit ceiling
under subsection (a) shall be treated as an amount described in
clause (ii) of such section.
(c) Definitions.--For purposes of this section--
(1) Qualified 2017 and 2018 california disaster
areas.--The term ``qualified 2017 and 2018 California
disaster areas'' means any area in California which was
determined by the President (before January 1, 2019) to
warrant individual or individual and public assistance
from the Federal Government under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
by reason of a major disaster the incident period of
which begins or ends in calendar year 2017 or 2018.
Notwithstanding section 201, for purposes of the
preceding sentence, the term ``incident period'' means
the period specified by the Federal Emergency
Management Agency as the period during which the
disaster occurred.
(2) Other definitions.--Terms used in this section
which are also used in section 42 of the Internal
Revenue Code of 1986 shall have the same meaning in
this section as in such section 42.
SEC. 208. TREATMENT OF CERTAIN POSSESSIONS.
(a) Payments to Possessions With Mirror Code Tax Systems.--
The Secretary of the Treasury shall pay to each possession of
the United States which has a mirror code tax system amounts
equal to the loss (if any) to that possession by reason of the
application of the provisions of this title. Such amounts shall
be determined by the Secretary of the Treasury based on
information provided by the government of the respective
possession.
(b) Payments to Other Possessions.--The Secretary of the
Treasury shall pay to each possession of the United States
which does not have a mirror code tax system amounts estimated
by the Secretary of the Treasury as being equal to the
aggregate benefits (if any) that would have been provided to
residents of such possession by reason of the provisions of
this title if a mirror code tax system had been in effect in
such possession. The preceding sentence shall not apply unless
the respective possession has a plan, which has been approved
by the Secretary of the Treasury, under which such possession
will promptly distribute such payments to its residents.
(c) Mirror Code Tax System.--For purposes of this section,
the term ``mirror code tax system'' means, with respect to any
possession of the United States, the income tax system of such
possession if the income tax liability of the residents of such
possession under such system is determined by reference to the
income tax laws of the United States as if such possession were
the United States.
(d) Treatment of Payments.--For purposes of section 1324 of
title 31, United States Code, the payments under this section
shall be treated in the same manner as a refund due from a
credit provision referred to in subsection (b)(2) of such
section.
TITLE III--OTHER PROVISIONS
SEC. 301. MODIFICATION OF INCOME FOR PURPOSES OF DETERMINING TAX-EXEMPT
STATUS OF CERTAIN MUTUAL OR COOPERATIVE TELEPHONE
OR ELECTRIC COMPANIES.
(a) In General.--Section 501(c)(12) is amended by adding at
the end the following new subparagraph:
``(J) In the case of a mutual or cooperative
telephone or electric company described in this
paragraph, subparagraph (A) shall be applied
without taking into account any income received
or accrued from--
``(i) any grant, contribution, or
assistance provided pursuant to the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act or any similar
grant, contribution, or assistance by
any local, State, or regional
governmental entity for the purpose of
relief, recovery, or restoration from,
or preparation for, a disaster or
emergency, or
``(ii) any grant or contribution by
any governmental entity (other than a
contribution in aid of construction or
any other contribution as a customer or
potential customer) the purpose of
which is substantially related to
providing, constructing, restoring, or
relocating electric, communication,
broadband, internet, or other utility
facilities or services.''.
(b) Effective Date.--The amendment made by this section shall
apply to taxable years beginning after December 31, 2017.
SEC. 302. REPEAL OF INCREASE IN UNRELATED BUSINESS TAXABLE INCOME FOR
CERTAIN FRINGE BENEFIT EXPENSES.
(a) In General.--Section 512(a) is amended by striking
paragraph (7).
(b) Effective Date.--The amendment made by this section shall
take effect as if included in the amendments made by section
13703 of Public Law 115-97.