,,ii #aaeth ,,congress #ast ,session ,s4 #ahib ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bh1 #bjag ,mr4 ,cruz 7for himself1 ,mr4 ,cornyn1 and ,mr4 ,rubio7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to provide tax relief related to ,hurricanes ,harvey1 ,irma1 and ,maria4 #a4 ,definitions 7a7 ,hurricane ,harvey disaster zone and disaster area ,for purposes of this ,act-- 7#a7 ,hurricane ,harvey disaster zone ,the term ,hurricane ,harvey disaster zone means that portion of the ,hurricane ,harvey disaster area determined by the ,president to warrant individual or individual and public assistance from the ,federal ,government under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act by reason of ,hurricane ,harvey4 7#b7 ,hurricane ,harvey disaster area ,the term ,hurricane ,harvey disaster area means an area with respect to which a major disaster has been declared by the ,president before ,september #ba1 #bjag1 under section #dja of such ,act by reason of ,hurricane ,harvey4 7b7 ,hurricane ,irma disaster zone and disaster area ,for purposes of this ,act-- 7#a7 ,hurricane ,irma disaster zone ,the term ,hurricane ,irma disaster zone means that portion of the ,hurricane ,irma 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 ,irma4 7#b7 ,hurricane ,irma disaster area ,the term ,hurricane ,irma disaster area means an area with respect to which a major disaster has been declared by the ,president before ,september #ba1 #bjag1 under section #dja of such ,act by reason of ,hurricane ,irma4 7c7 ,hurricane ,maria disaster zone and disaster area ,for purposes of this ,act-- 7#a7 ,hurricane ,maria disaster zone ,the term ,hurricane ,maria disaster zone means that portion of the ,hurricane ,maria 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 ,maria4 7#b7 ,hurricane ,maria disaster area ,the term ,hurricane ,maria disaster area means an area with respect to which a major disaster has been declared by the ,president before ,september #ba1 #bjag1 under section #dja of such ,act by reason of ,hurricane ,maria4 #b4 ,special disaster-related rules for use of retirement funds 7a7 ,tax-,favored withdrawals from retirement plans 7#a7 ,in general ,section #gb7t7 of the ,internal ,revenue ,code of #aihf shall not apply to any qualified hurricane distribution4 7#b7 ,aggregate dollar limitation 7,a7 ,in general ,for purposes of this subsection1 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 7if any7 of-- 7i7 #ajj1jjj1 over 7ii7 the aggregate amounts treated as qualified hurricane distributions received by such individual for all prior taxable years4 7,b7 ,treatment of plan distributions ,if a distribution to an individual would 7without regard to subparagraph 7,a77 be a qualified hurricane distribution1 a plan shall not be treated as violating any requirement of the ,internal ,revenue ,code of #aihf merely because the plan treats such distribution as a qualified hurricane distribution1 unless the aggregate amount of such distributions from all plans maintained by the employer 7and any member of any controlled group which includes the employer7 to such individual exceeds #ajj1jjj4 7,c7 ,controlled group ,for purposes of subparagraph 7,b71 the term controlled group means any group treated as a single employer under subsection 7b71 7c71 7m71 or 7o7 of section #dad of the ,internal ,revenue ,code of #aihf4 7#c7 ,amount distributed may be repaid 7,a7 ,in general ,any individual who receives a qualified hurricane distribution may1 at any time during the #c-year period beginning on the day after the date on which such distribution was received1 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 #djb7;c71 #djc7;a77#d71 #djc7;b77#h71 #djh7;d77#c71 or #deg7;e77#af71 of the ,internal ,revenue ,code of #aihf1 as the case may be4 7,b7 ,treatment of repayments of distributions from eligible retirement plans other than ,i,r,as ,for purposes of the ,internal ,revenue ,code of #aihf1 if a contribution is made pursuant to subparagraph 7,a7 with respect to a qualified hurricane distribution from an eligible retirement plan other than an individual retirement plan1 then the taxpayer shall1 to the extent of the amount of the contribution1 be treated as having received the qualified hurricane distribution in an eligible rollover distribution 7as defined in section #djb7;c77#d7 of such ,code7 and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within #fj days of the distribution4 7,c7 ,treatment of repayments for distributions from ,i,r,as ,for purposes of the ,internal ,revenue ,code of #aihf1 if a contribution is made pursuant to subparagraph 7,a7 with respect to a qualified hurricane distribution from an individual retirement plan 7as defined by section #ggja7;a77#cg7 of such ,code71 then1 to the extent of the amount of the contribution1 the qualified hurricane distribution shall be treated as a distribution described in section #djh7;d77#c7 of such ,code and as having been transferred to the eligible retirement plan in a direct trustee to trustee transfer within #fj days of the distribution4 7#d7 ,definitions ,for purposes of this subsection-- 7,a7 ,qualified hurricane distribution ,except as provided in paragraph 7#b71 the term qualified hurricane distribution means-- 7i7 any distribution from an eligible retirement plan made on or after ,august #bc1 #bjag1 and before ,january #a1 #bjai1 to an individual whose principal place of abode on ,august #bc1 #bjag1 is located in the ,hurricane ,harvey disaster area and who has sustained an economic loss by reason of ,hurricane ,harvey1 7ii7 any distribution 7which is not described in clause 7i77 from an eligible retirement plan made on or after ,september #d1 #bjag1 and before ,january #a1 #bjai1 to an individual whose principal place of abode on ,september #d1 #bjag1 is located in the ,hurricane ,irma disaster area and who has sustained an economic loss by reason of ,hurricane ,irma1 and 7iii7 any distribution 7which is not described in clause 7i7 or 7ii77 from an eligible retirement plan made on or after ,september #af1 #bjag1 and before ,january #a1 #bjai1 to an individual whose principal place of abode on ,september #af1 #bjag1 is located in the ,hurricane ,maria disaster area and who has sustained an economic loss by reason of ,hurricane ,maria4 7,b7 ,eligible retirement plan ,the term eligible retirement plan shall have the meaning given such term by section #djb7;c77#h77;,b7 of the ,internal ,revenue ,code of #aihf4 7#e7 ,income inclusion spread over #c-year period 7,a7 ,in general ,in the case of any qualified hurricane distribution1 unless the taxpayer elects not to have this paragraph apply for any taxable year1 any amount required to be included in gross income for such taxable year shall be so included ratably over the #c-taxable-year period beginning with such taxable year4 7,b7 ,special rule ,for purposes of subparagraph 7,a71 rules similar to the rules of subparagraph 7,e7 of section #djh;,a7d77#c7 of the ,internal ,revenue ,code of #aihf shall apply4 7#f7 ,special rules 7,a7 ,exemption of distributions from trustee to trustee transfer and withholding rules ,for purposes of sections #dja7;a77#ca71 #djb7;f71 and #cdje of the ,internal ,revenue ,code of #aihf1 qualified hurricane distributions shall not be treated as eligible rollover distributions4 7,b7 ,qualified hurricane distributions treated as meeting plan distribution requirements ,for purposes the ,internal ,revenue ,code of #aihf1 a qualified hurricane distribution shall be treated as meeting the requirements of sections #dja7k77#b77;,b77i71 #djc7;b77#g77;,a77ii71 #djc7;b77#aa71 and #deg7;d77#a77;,a7 of such ,code4 7b7 ,recontributions of withdrawals for home purchases 7#a7 ,recontributions 7,a7 ,in general ,any individual who received a qualified distribution may1 during the period beginning on ,august #bc1 #bjag1 and ending on ,february #bh1 #bjah1 make one or more contributions in an aggregate amount not to exceed the amount of such qualified distribution to an eligible retirement plan 7as defined in section #djb7;c77#h77;,b7 of the ,internal ,revenue ,code of #aihf7 of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section #djb7;c71 #djc7;a77#d71 #djc7;b77#h71 or #djh7;d77#c71 of such ,code1 as the case may be4 7,b7 ,treatment of repayments ,rules similar to the rules of subparagraphs 7,b7 and 7,c7 of subsection 7a77#c7 shall apply for purposes of this subsection4 7#b7 ,qualified distribution ,for purposes of this subsection1 the term qualified distribution means any distribution-- 7,a7 described in section #dja7k77#b77;,b77i77,,iv71 #djc7;b77#g77;,a77ii7 7but only to the extent such distribution relates to financial hardship71 #djc7;b77#aa77;,b71 or #gb7t77#b77;,f71 of the ,internal ,revenue ,code of #aihf1 7,b7 received after ,february #bh1 #bjag1 and before ,september #ba1 #bjag1 and 7,c7 which was to be used to purchase or construct a principal residence in the ,hurricane ,harvey disaster area1 the ,hurricane ,irma disaster area1 or the ,hurricane ,maria disaster area1 but which was not so purchased or constructed on account of ,hurricane ,harvey1 ,hurricane ,irma1 or ,hurricane ,maria4 7c7 ,loans from qualified plans 7#a7 ,increase in limit on loans not treated as distributions ,in the case of any loan from a qualified employer plan 7as defined under section #gb7p77#d7 of the ,internal ,revenue ,code of #aihf7 to a qualified individual made during the period beginning on the date of the enactment of this ,act and ending on ,december #ca1 #bjah-- 7,a7 clause 7i7 of section #gb7p77#b77;,a7 of such ,code shall be applied by substituting #ajj1jjj for #ej1jjj1 and 7,b7 clause 7ii7 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 plan4 7#b7 ,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 7as defined in section #gb7p77#d7 of the ,internal ,revenue ,code of #aihf7-- 7,a7 if the due date pursuant to subparagraph 7,b7 or 7,c7 of section #gb7p77#b7 of such ,code for any repayment with respect to such loan occurs during the period beginning on the qualified beginning date and ending on ,december #ca1 #bjah1 such due date shall be delayed for #a year1 7,b7 any subsequent repayments with respect to any such loan shall be appropriately adjusted to reflect the delay in the due date under paragraph 7#a7 and any interest accruing during such delay1 and 7,c7 in determining the #e-year period and the term of a loan under subparagraph 7,b7 or 7,c7 of section #gb7p77#b7 of such ,code1 the period described in subparagraph 7,a7 shall be disregarded4 7#c7 ,qualified individual ,for purposes of this subsection-- 7,a7 ,in general ,the term qualified individual means any qualified ,hurricane ,harvey individual1 any qualified ,hurricane ,irma individual1 and any qualified ,hurricane ,maria individual4 7,b7 ,qualified ,hurricane ,harvey individual ,the term qualified ,hurricane ,harvey individual means an individual whose principal place of abode on ,august #bc1 #bjag1 is located in the ,hurricane ,harvey disaster area and who has sustained an economic loss by reason of ,hurricane ,harvey4 7,c7 ,qualified ,hurricane ,irma individual ,the term qualified ,hurricane ,irma individual means an individual 7other than a qualified ,hurricane ,harvey individual7 whose principal place of abode on ,september #d1 #bjag1 is located in the ,hurricane ,irma disaster area and who has sustained an economic loss by reason of ,hurricane ,irma4 7,d7 ,qualified ,hurricane ,maria individual ,the term qualified ,hurricane ,maria individual means an individual 7other than a qualified ,hurricane ,harvey individual or a qualified ,hurricane ,irma individual7 whose principal place of abode on ,september #af1 #bjag1 is located in the ,hurricane ,maria disaster area and who has sustained an economic loss by reason of ,hurricane ,maria4 7#d7 ,qualified beginning date ,for purposes of this subsection1 the qualified beginning date is-- 7,a7 in the case of any qualified ,hurricane ,harvey individual1 ,august #bc1 #bjag1 7,b7 in the case of any qualified ,hurricane ,irma individual1 ,september #d1 #bjag1 and 7,c7 in the case of any qualified ,hurricane ,maria individual1 ,september #af1 #bjag4 7d7 ,provisions relating to plan amendments 7#a7 ,in general ,if this subsection applies to any amendment to any plan or annuity contract1 such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in paragraph 7#b77;,b77i74 7#b7 ,amendments to which subsection applies 7,a7 ,in general ,this subsection shall apply to any amendment to any plan or annuity contract which is made-- 7i7 pursuant to any provision of this section1 or pursuant to any regulation issued by the ,secretary or the ,secretary of ,labor under any provision of this section1 and 7ii7 on or before the last day of the first plan year beginning on or after ,january #a1 #bjai1 or such later date as the ,secretary may prescribe4 ,in the case of a governmental plan 7as defined in section #dad7;d7 of the ,internal ,revenue ,code of #aihf71 clause 7ii7 shall be applied by substituting the date which is #b years after the date otherwise applied under clause 7ii74 7,b7 ,conditions ,this subsection shall not apply to any amendment unless-- 7i7 during the period-- 7,i7 beginning on the date that this section or the regulation described in subparagraph 7,a77i7 takes effect 7or in the case of a plan or contract amendment not required by this section or such regulation1 the effective date specified by the plan71 and 7,,ii7 ending on the date described in subparagraph 7,a77ii7 7or1 if earlier1 the date the plan or contract amendment is adopted71 the plan or contract is operated as if such plan or contract amendment were in effect2 and 7ii7 such plan or contract amendment applies retroactively for such period4 #c4 ,disaster-related employment relief 7a7 ,employee retention credit for employers affected by ,hurricane ,harvey 7#a7 ,in general ,for purposes of section #ch of the ,internal ,revenue ,code of #aihf1 in the case of an eligible employer1 the ,hurricane ,harvey employee retention credit shall be treated as a credit listed in subsection 7b7 of such section4 ,for purposes of this subsection1 the ,hurricane ,harvey employee retention credit for any taxable year is an amount equal to #dj percent of the qualified wages with respect to each eligible employee of such employer for such taxable year4 ,for purposes of the preceding sentence1 the amount of qualified wages which may be taken into account with respect to any individual shall not exceed #f1jjj4 7#b7 ,definitions ,for purposes of this subsection-- 7,a7 ,eligible employer ,the term eligible employer means any employer-- 7i7 which conducted an active trade or business on ,august #bc1 #bjag1 in the ,hurricane ,harvey disaster zone1 and 7ii7 with respect to whom the trade or business described in clause 7i7 is inoperable on any day after ,august #bc1 #bjag1 and before ,january #a1 #bjah1 as a result of damage sustained by reason of ,hurricane ,harvey4 7,b7 ,eligible employee ,the term eligible employee means with respect to an eligible employer an employee whose principal place of employment on ,august #bc1 #bjag1 with such eligible employer was in the ,hurricane ,harvey disaster zone4 7,c7 ,qualified wages ,the term qualified wages means wages 7as defined in section #ea7;c77#a7 of the ,internal ,revenue ,code of #aihf1 but without regard to section #ccjf7;b77#b77;,b7 of such ,code7 paid or incurred by an eligible employer with respect to an eligible employee on any day after ,august #bc1 #bjag1 and before ,january #a1 #bjah1 which occurs during the period-- 7i7 beginning on the date on which the trade or business described in subparagraph 7,a7 first became inoperable at the principal place of employment of the employee immediately before ,hurricane ,harvey1 and 7ii7 ending on the date on which such trade or business has resumed significant operations at such principal place of employment4 ,such term shall include wages paid without regard to whether the employee performs no services1 performs services at a different place of employment than such principal place of employment1 or performs services at such principal place of employment before significant operations have resumed4 7#c7 ,certain rules to apply ,for purposes of this subsection1 rules similar to the rules of sections #ea7;i77#a7 and #eb1 of the ,internal ,revenue ,code of #aihf1 shall apply4 7#d7 ,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 #ea of the ,internal ,revenue ,code of #aihf with respect to such employee for such period4 7b7 ,employee ,retention ,credit for ,employers ,affected by ,hurricane ,irma 7#a7 ,in general ,for purposes of section #ch of the ,internal ,revenue ,code of #aihf1 in the case of an eligible employer1 the ,hurricane ,irma employee retention credit shall be treated as a credit listed in subsection 7b7 of such section4 ,for purposes of this subsection1 the ,hurricane ,irma employee retention credit for any taxable year is an amount equal to #dj percent of the qualified wages with respect to each eligible employee of such employer for such taxable year4 ,for purposes of the preceding sentence1 the amount of qualified wages which may be taken into account with respect to any individual shall not exceed #f1jjj4 7#b7 ,definitions ,for purposes of this subsection-- 7,a7 ,eligible employer ,the term eligible employer means any employer-- 7i7 which conducted an active trade or business on ,september #d1 #bjag1 in the ,hurricane ,irma disaster zone1 and 7ii7 with respect to whom the trade or business described in clause 7i7 is inoperable on any day after ,september #d1 #bjag1 and before ,january #a1 #bjah1 as a result of damage sustained by reason of ,hurricane ,irma4 7,b7 ,eligible employee ,the term eligible employee means with respect to an eligible employer an employee whose principal place of employment on ,september #d1 #bjag1 with such eligible employer was in the ,hurricane ,irma disaster zone4 7,c7 ,qualified wages ,the term qualified wages means wages 7as defined in section #ea7;c77#a7 of the ,internal ,revenue ,code of #aihf1 but without regard to section #ccjf7;b77#b77;,b7 of such ,code7 paid or incurred by an eligible employer with respect to an eligible employee on any day after ,september #d1 #bjag1 and before ,january #a1 #bjah1 which occurs during the period-- 7i7 beginning on the date on which the trade or business described in subparagraph 7,a7 first became inoperable at the principal place of employment of the employee immediately before ,hurricane ,irma1 and 7ii7 ending on the date on which such trade or business has resumed significant operations at such principal place of employment4 ,such term shall include wages paid without regard to whether the employee performs no services1 performs services at a different place of employment than such principal place of employment1 or performs services at such principal place of employment before significant operations have resumed4 7#c7 ,certain rules to apply ,for purposes of this subsection1 rules similar to the rules of sections #ea7;i77#a7 and #eb1 of the ,internal ,revenue ,code of #aihf1 shall apply4 7#d7 ,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 7a71 or section #ea of the ,internal ,revenue ,code of #aihf1 with respect to such employee for such period4 7c7 ,employee retention credit for employers affected by ,hurricane ,maria 7#a7 ,in general ,for purposes of section #ch of the ,internal ,revenue ,code of #aihf1 in the case of an eligible employer1 the ,hurricane ,maria employee retention credit shall be treated as a credit listed in subsection 7b7 of such section4 ,for purposes of this subsection1 the ,hurricane ,maria employee retention credit for any taxable year is an amount equal to #dj percent of the qualified wages with respect to each eligible employee of such employer for such taxable year4 ,for purposes of the preceding sentence1 the amount of qualified wages which may be taken into account with respect to any individual shall not exceed #f1jjj4 7#b7 ,definitions ,for purposes of this subsection-- 7,a7 ,eligible employer ,the term eligible employer means any employer-- 7i7 which conducted an active trade or business on ,september #af1 #bjag1 in the ,hurricane ,maria disaster zone1 and 7ii7 with respect to whom the trade or business described in clause 7i7 is inoperable on any day after ,september #af1 #bjag1 and before ,january #a1 #bjah1 as a result of damage sustained by reason of ,hurricane ,maria4 7,b7 ,eligible employee ,the term eligible employee means with respect to an eligible employer an employee whose principal place of employment on ,september #af1 #bjag1 with such eligible employer was in the ,hurricane ,maria disaster zone4 7,c7 ,qualified wages ,the term qualified wages means wages 7as defined in section #ea7;c77#a7 of the ,internal ,revenue ,code of #aihf1 but without regard to section #ccjf7;b77#b77;,b7 of such ,code7 paid or incurred by an eligible employer with respect to an eligible employee on any day after ,september #af1 #bjag1 and before ,january #a1 #bjah1 which occurs during the period-- 7i7 beginning on the date on which the trade or business described in subparagraph 7,a7 first became inoperable at the principal place of employment of the employee immediately before ,hurricane ,maria1 and 7ii7 ending on the date on which such trade or business has resumed significant operations at such principal place of employment4 ,such term shall include wages paid without regard to whether the employee performs no services1 performs services at a different place of employment than such principal place of employment1 or performs services at such principal place of employment before significant operations have resumed4 7#c7 ,certain rules to apply ,for purposes of this subsection1 rules similar to the rules of sections #ea7;i77#a7 and #eb1 of the ,internal ,revenue ,code of #aihf1 shall apply4 7#d7 ,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 7a7 or 7b71 or section #ea of the ,internal ,revenue ,code of #aihf1 with respect to such employee for such period4 #d4 ,additional disaster-related tax relief provisions 7a7 ,temporary suspension of limitations on charitable contributions 7#a7 ,in general ,except as otherwise provided in paragraph 7#b71 subsection 7b7 of section #agj of the ,internal ,revenue ,code of #aihf shall not apply to qualified contributions and such contributions shall not be taken into account for purposes of applying subsections 7b7 and 7d7 of such section to other contributions4 7#b7 ,treatment of excess contributions ,for purposes of section #agj of the ,internal ,revenue ,code of #aihf-- 7,a7 ,individuals ,in the case of an individual-- 7i7 ,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 7as defined in subparagraph 7,g7 of section #agj7;b77#a7 of such ,code7 over the amount of all other charitable contributions allowed under section #agj7;b77#a7 of such ,code4 7ii7 ,carryover ,if the aggregate amount of qualified contributions made in the contribution year 7within the meaning of section #agj7;d77#a7 of such ,code7 exceeds the limitation of clause 7i71 such excess shall be added to the excess described in the portion of subparagraph 7,a7 of such section which precedes clause 7i7 thereof for purposes of applying such section4 7,b7 ,corporations ,in the case of a corporation-- 7i7 ,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 7as determined under paragraph 7#b7 of section #agj7;b7 of such ,code7 over the amount of all other charitable contributions allowed under such paragraph4 7ii7 ,carryover ,rules similar to the rules of subparagraph 7,a77ii7 shall apply for purposes of this subparagraph4 7#c7 ,exception to overall limitation on itemized deductions ,so much of any deduction allowed under section #agj of the ,internal ,revenue ,code of #aihf as does not exceed the qualified contributions paid during the taxable year shall not be treated as an itemized deduction for purposes of section #fh of such ,code4 7#d7 ,qualified contributions 7,a7 ,in general ,for purposes of this subsection1 the term qualified contribution means any charitable contribution 7as defined in section #agj7;c7 of the ,internal ,revenue ,code of #aihf7 if-- 7i7 such contribution-- 7,i7 is paid during the period beginning on ,august #bc1 #bjag1 and ending on ,december #ca1 #bjag1 in cash to an organization described in section #agj7;b77#a77;,a7 of such ,code1 and 7,,ii7 is made for relief efforts in the ,hurricane ,harvey disaster area1 the ,hurricane ,irma disaster area1 or the ,hurricane ,maria disaster area1 7ii7 the taxpayer obtains from such organization contemporaneous written acknowledgment 7within the meaning of section #agj7;f77#h7 of such ,code7 that such contribution was used 7or is to be used7 for relief efforts described in clause 7i77,,ii71 and 7iii7 the taxpayer has elected the application of this subsection with respect to such contribution4 7,b7 ,exception ,such term shall not include a contribution by a donor if the contribution is-- 7i7 to an organization described in section #eji7;a77#c7 of the ,internal ,revenue ,code of #aihf1 or 7ii7 for the establishment of a new1 or maintenance of an existing1 donor advised fund 7as defined in section #diff7;d77#b7 of such ,code74 7,c7 ,application of election to partnerships and ,s corporations ,in the case of a partnership or ,s corporation1 the election under subparagraph 7,a77iii7 shall be made separately by each partner or shareholder4 7b7 ,special rules for qualified disaster-,related personal casualty losses 7#a7 ,in general ,if an individual has a net disaster loss for any taxable year-- 7,a7 the amount determined under section #afe7;h77#b77;,a77ii7 of the ,internal ,revenue ,code of #aihf shall be equal to the sum of-- 7i7 such net disaster loss1 and 7ii7 so much of the excess referred to in the matter preceding clause 7i7 of section #afe7;h77#b77;,a7 of such ,code 7reduced by the amount in clause 7i7 of this subparagraph7 as exceeds #aj percent of the adjusted gross income of the individual1 7,b7 section #afe7;h77#a7 of such ,code shall be applied by substituting #ejj for #ejj 7#ajj for taxable years beginning after ,december #ca1 #bjji71 7,c7 the standard deduction determined under section #fc7;c7 of such ,code shall be increased by the net disaster loss1 and 7,d7 section #ef7;b77#a77;,e7 of such ,code shall not apply to so much of the standard deduction as is attributable to the increase under subparagraph 7,c7 of this paragraph4 7#b7 ,net disaster loss ,for purposes of this subsection1 the term net disaster loss means the excess of qualified disaster-related personal casualty losses over personal casualty gains 7as defined in section #afe7;h77#c77;,a7 of the ,internal ,revenue ,code of #aihf74 7#c7 ,qualified disaster-related personal casualty losses ,for purposes of this subsection1 the term qualified disaster-related personal casualty losses means losses described in section #afe7;c77#c7 of the ,internal ,revenue ,code of #aihf-- 7,a7 which arise in the ,hurricane ,harvey disaster area on or after ,august #bc1 #bjag1 and which are attributable to ,hurricane ,harvey1 7,b7 which arise in the ,hurricane ,irma disaster area on or after ,september #d1 #bjag1 and which are attributable to ,hurricane ,irma1 or 7,c7 which arise in the ,hurricane ,maria disaster area on or after ,september #af1 #bjag1 and which are attributable to ,hurricane ,maria4 7c7 ,special rule for determining earned income 7#a7 ,in general ,in the case of a qualified individual1 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 year1 the credits allowed under sections #bd7;d7 and #cb of the ,internal ,revenue ,code of #aihf may1 at the election of the taxpayer1 be determined by substituting-- 7,a7 such earned income for the preceding taxable year1 for 7,b7 such earned income for the taxable year which includes the applicable date4 ,in the case of a resident of ,puerto ,rico determining the credit allowed under section #bd7;d77#a77;,b77ii7 of such ,code1 the preceding sentence shall be applied by substituting social security taxes 7as defined in section #bd7;d77#b77;,a7 of the ,internal ,revenue ,code of #aihf7 for earned income each place it appears4 7#b7 ,qualified individual ,for purposes of this subsection-- 7,a7 ,in general ,the term qualified individual means any qualified ,hurricane ,harvey individual1 any qualified ,hurricane ,irma individual1 and any qualified ,hurricane ,maria individual4 7,b7 ,qualified ,hurricane ,harvey individual ,the term qualified ,hurricane ,harvey individual means any individual whose principal place of abode on ,august #bc1 #bjag1 was located-- 7i7 in the ,hurricane ,harvey disaster zone1 or 7ii7 in the ,hurricane ,harvey disaster area 7but outside the ,hurricane ,harvey disaster zone7 and such individual was displaced from such principal place of abode by reason of ,hurricane ,harvey4 7,c7 ,qualified ,hurricane ,irma individual ,the term qualified ,hurricane ,irma individual means any individual 7other than a qualified ,hurricane ,harvey individual7 whose principal place of abode on ,september #d1 #bjag1 was located-- 7i7 in the ,hurricane ,irma disaster zone1 or 7ii7 in the ,hurricane ,irma disaster area 7but outside the ,hurricane ,irma disaster zone7 and such individual was displaced from such principal place of abode by reason of ,hurricane ,irma4 7,d7 ,qualified ,hurricane ,maria individual ,the term qualified ,hurricane ,maria individual means any individual 7other than a qualified ,hurricane ,harvey individual or a qualified ,hurricane ,irma individual7 whose principal place of abode on ,september #af1 #bjag1 was located-- 7i7 in the ,hurricane ,maria disaster zone1 or 7ii7 in the ,hurricane ,maria disaster area 7but outside the ,hurricane ,maria disaster zone7 and such individual was displaced from such principal place of abode by reason of ,hurricane ,maria4 7#c7 ,applicable date ,for purposes of this subsection1 the term applicable date means-- 7,a7 in the case of a qualified ,hurricane ,harvey individual1 ,august #bc1 #bjag1 7,b7 in the case of a qualified ,hurricane ,irma individual1 ,september #d1 #bjag1 and 7,c7 in the case of a qualified ,hurricane ,maria individual1 ,september #af1 #bjag4 7#d7 ,earned income ,for purposes of this subsection1 the term earned income has the meaning given such term under section #cb7;c7 of the ,internal ,revenue ,code of #aihf4 7#e7 ,special rules 7,a7 ,application to joint returns ,for purposes of paragraph 7#a71 in the case of a joint return for a taxable year which includes the applicable date-- 7i7 such paragraph shall apply if either spouse is a qualified individual1 and 7ii7 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 year4 7,b7 ,uniform application of election ,any election made under paragraph 7#a7 shall apply with respect to both sections #bd7;d7 and section #cb1 of the ,internal ,revenue ,code of #aihf4 7,c7 ,errors treated as mathematical error ,for purposes of section #fbac of the ,internal ,revenue ,code of #aihf1 an incorrect use on a return of earned income pursuant to paragraph 7#a7 shall be treated as a mathematical or clerical error4 7,d7 ,no effect on determination of gross income1 etc ,except as otherwise provided in this subsection1 the ,internal ,revenue ,code of #aihf shall be applied without regard to any substitution under paragraph 7#a74 7d7 ,application of disaster-,related tax relief to possessions of the ,united ,states 7#a7 ,payments to ,united ,states ,virgin ,islands and ,puerto ,rico 7,a7 ,united ,states ,virgin ,islands ,the ,secretary of the ,treasury shall pay to the ,united ,states ,virgin ,islands amounts equal to the loss in revenues to the ,united ,states ,virgin ,islands by reason of the provisions of this ,act4 ,such amounts shall be determined by the ,secretary of the ,treasury based on information provided by the government of the ,united ,states ,virgin ,islands4 7,b7 ,puerto ,rico ,the ,secretary of the ,treasury shall pay to ,puerto ,rico amounts estimated by the ,secretary of the ,treasury as being equal to the aggregate benefits that would have been provided to residents of ,puerto ,rico by reason of the provisions of this ,act if a mirror code tax system had been in effect in ,puerto ,rico4 ,the preceding sentence shall not apply with respect to ,puerto ,rico unless ,puerto ,rico has a plan1 which has been approved by the ,secretary of the ,treasury1 under which ,puerto ,rico will promptly distribute such payments to its residents4 7#b7 ,definition and special rules 7,a7 ,mirror code tax system ,for purposes of this subsection1 the term mirror code tax system means1 with respect to any possession of the ,united ,states1 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 ,states4 7,b7 ,treatment of payments ,for purposes of section #acbd of title #ca1 ,united ,states ,code1 the payments under this subsection shall be treated in the same manner as a refund due from a credit provision referred to in subsection 7b77#b7 of such section4 7,c7 ,coordination with united states income taxes ,in the case of any person with respect to whom a tax benefit is taken into account with respect to the taxes imposed by any possession of the ,united ,states by reason of this ,act1 the ,internal ,revenue ,code of #aihf shall be applied with respect to such person without regard to the provisions of this ,act which provide such benefit4 #e4 ,budgetary effects 7a7 ,emergency designation ,this ,act is designated as an emergency requirement pursuant to section #d7;g7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7#b ,u4,s4,c4 #icc7;g774 7b7 ,designation in ,senate ,in the ,senate1 this ,act is designated as an emergency requirement pursuant to section #djc7;a7 of ,s4 ,con4 ,res4 #ac 7#aaath ,congress71 the concurrent resolution on the budget for fiscal year #bjaj4