,,ii #aafth ,,congress #b;d ,session ,s4 #dfba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ag1 #bjbj,mr4 ,wyden 7for himself1 ,mr4 ,merkley1 ,mrs4 ,feinstein1 ,mrs4 ,murray1 and ,ms4 ,harris7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to provide tax relief for persons affected by certain #bjbj disasters4 #a4 ,short title ,this ,act may be cited as the #bjbj ,disasters ,tax ,relief ,act4 #b4 ,definitions ,for purposes of this ,act-- 7#a7 ,qualified disaster area ,the term qualified disaster area means any area with respect to which a major disaster was declared1 during the period beginning on ,january #a1 #bjbj1 and ending on the date which is #fj days after the date of the enactment of this ,act1 by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act if the incident period of the disaster with respect to which such declaration is made begins after the date of the enactment of the ,taxpayer ,certainty and ,disaster ,tax ,relief ,act of #bjai and on or before the date of the enactment of this ,act4 7#b7 ,qualified disaster zone ,the term qualified disaster zone means that portion of any qualified disaster area which was determined by the ,president1 during the period beginning on ,january #a1 #bjbj1 and ending on the date which is #fj days after the date of the enactment of this ,act1 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 the qualified disaster with respect to such disaster area4 7#c7 ,qualified disaster 7,a7 ,in general ,the term qualified disaster means1 with respect to any qualified disaster area1 the disaster by reason of which a major disaster was declared with respect to such area4 7,b7 ,exception ,such term shall not include any major disaster declared as a result of the ,coronavirus ,disease #bjai 7,,covid-#ai7 pandemic4 7#d7 ,incident period ,the term incident period means1 with respect to any qualified disaster1 the period specified by the ,federal ,emergency ,management ,agency as the period during which such disaster occurred 7except that for purposes of this ,act such period shall not be treated as beginning before ,january #a1 #bjbj1 or ending after the date which is #cj days after the date of the enactment of this ,act74 #c4 ,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 disaster 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 disaster distributions for any taxable year shall not exceed the excess 7if any7 of-- 7i7 #ajj1jjj1 over 7ii7 the aggregate amounts treated as qualified disaster 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 disaster 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 disaster 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,d7 ,special rule for individuals affected by more than one disaster ,the limitation of subparagraph 7,a7 shall be applied separately with respect to distributions made with respect to each qualified disaster4 7#c7 ,amount distributed may be repaid 7,a7 ,in general ,any individual who receives a qualified disaster distribution may1 at any time during the #c-year period beginning on the day after the date on which such distribution was received1 make #a 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 disaster 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 disaster 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 of 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 disaster 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 disaster 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 disaster distribution ,except as provided in paragraph 7#b71 the term qualified disaster distribution means any distribution from an eligible retirement plan made-- 7i7 on or after the first day of the incident period of a qualified disaster and before the date which is #ahj days after the date of the enactment of this ,act1 and 7ii7 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 disaster4 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 disaster 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 disaster distributions shall not be treated as eligible rollover distributions4 7,b7 ,qualified disaster distributions treated as meeting plan distribution requirements ,for purposes the ,internal ,revenue ,code of #aihf1 a qualified disaster distribution shall be treated as meeting the requirements of sections #dja7k77#b77;,b77i71 #djc7;b77#g77;,a77i71 #djc7;b77#aa71 and #deg7;d77#a77;,a7 of such ,code and section #hdcc7;h77#a7 of title #e1 ,united ,states ,code1 and1 in the case of a money purchase pension plan1 a qualified disaster distribution which is an in-service withdrawal shall be treated as meeting the distribution rules of section #dja7;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 applicable period1 make #a 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;,a77i7 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 which was to be used to purchase or construct a principal residence in a qualified disaster area1 but which was not so used on account of the qualified disaster with respect to such area1 and 7,c7 which was received during the period beginning on the date which is #ahj days before the first day of the incident period of such qualified disaster and ending on the date which is #cj days after the last day of such incident period4 7#c7 ,applicable period ,for purposes of this subsection1 the term applicable period means1 in the case of a principal residence in a qualified disaster area with respect to any qualified disaster1 the period beginning on the first day of the incident period of such qualified disaster and ending on the date which is #ahj days after the date of the enactment of this ,act4 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 #ahj-;day period beginning on the date of the enactment of this ,act-- 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 7with respect to any qualified disaster7 with an outstanding loan 7on or after the first day of the incident period of such qualified disaster7 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 first day of the incident period of such qualified disaster and ending on the date which is #ahj days after the last day of such incident period1 such due date shall be delayed for #a year 7or1 if later1 until the date which is #ahj days after the date of the enactment of this ,act71 7,b7 any subsequent repayments with respect to any such loan shall be appropriately adjusted to reflect the delay in the due date under subparagraph 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 of this paragraph shall be disregarded4 7#c7 ,qualified individual ,for purposes of this subsection1 the term qualified individual means any individual-- 7,a7 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 disaster1 and 7,b7 who has sustained an economic loss by reason of such qualified disaster4 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 #bjbb1 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 effect1 and 7ii7 such plan or contract amendment applies retroactively for such period4 #d4 ,employee retention credit for employers affected by qualified disasters 7a7 ,in general ,for purposes of section #ch of the ,internal ,revenue ,code of #aihf1 in the case of an eligible employer1 the #bjbj qualified disaster employee retention credit shall be treated as a credit listed at the end of subsection 7b7 of such section4 ,for purposes of this subsection1 the #bjbj qualified disaster 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 ,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 #f1jjj 7reduced by the amount of qualified wages with respect to such employee which may be so taken into account for any prior taxable year74 7b7 ,definitions ,for purposes of this section-- 7#a7 ,eligible employer ,the term eligible employer means any employer-- 7,a7 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 zone1 and 7,b7 with respect to whom the trade or business described in subparagraph 7,a7 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 ,act1 as a result of damage sustained by reason of such qualified disaster4 7#b7 ,eligible employee ,the term eligible employee means with respect to an eligible employer an employee whose principal place of employment with such eligible employer 7determined immediately before the qualified disaster referred to in paragraph 7#a77 was in the qualified disaster zone referred to in such paragraph4 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 at any time on or after the date on which the trade or business described in paragraph 7#a7 first became inoperable at the principal place of employment of the employee 7determined immediately before the qualified disaster referred to in such paragraph7 and before the earlier of-- 7,a7 the date on which such trade or business has resumed significant operations at such principal place of employment1 or 7,b7 the date which is #aej days after the last day of the incident period of the qualified disaster referred to in paragraph 7#a74 ,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 7c7 ,certain rules to apply ,for purposes of this section1 rules similar to the rules of sections #ea7;i77#a71 #eb1 and #bhj;,c7a71 of the ,internal ,revenue ,code of #aihf1 shall apply4 7d7 ,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 #ea of the ,internal ,revenue ,code of #aihf with respect to such employee for such period4 #e4 ,other disaster-related tax relief provisions 7a7 ,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;,d7 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 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 relates1 and which are attributable to such qualified disaster4 7b7 ,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 applicable taxable year 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 applicable taxable year4 7#b7 ,qualified individual ,for purposes of this subsection1 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-- 7,a7 in the qualified disaster zone with respect to such qualified disaster1 or 7,b7 in the qualified disaster area with respect to such qualified disaster 7but outside the qualified disaster zone with respect to such qualified disaster7 and such individual was displaced from such principal place of abode by reason of such qualified disaster4 7#c7 ,applicable taxable year ,for purposes of this subsection1 the term applicable taxable year means-- 7,a7 in the case of a qualified individual other than an individual described in subparagraph 7,b71 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 7#b77;,a7 relates1 or 7,b7 in the case of a qualified individual described in subparagraph 7,b7 of paragraph 7#b71 any taxable year which includes any portion of the period described in such subparagraph4 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 an applicable taxable year-- 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 #cb 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 #f4 ,additional low-income housing credit allocations 7a7 ,in general ,for purposes of section #db of the ,internal ,revenue ,code of #aihf1 the ,state housing credit ceiling for any qualified ,state for calendar year #bjba shall be increased by the lesser of-- 7#a7 the aggregate housing credit dollar amount allocated by the ,state housing credit agencies of such qualified ,state for such calendar year to buildings located in qualified disaster zones in such qualified ,state1 or 7#b7 #ej percent of the sum of the ,state housing credit ceilings for such qualified ,state for calendar year #bjbj4 7b7 ,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 #db7;h77#c77;,c7 of the ,internal ,revenue ,code of #aihf1 any increase in the ,state housing credit ceiling under subsection 7a7 shall be treated as an amount described in clause 7ii7 of such section4 7c7 ,definitions ,for purposes of this section-- 7#a7 ,qualified ,state ,the term qualified ,state means any ,state in which there is a qualified disaster zone4 7#b7 ,other definitions ,terms used in this section which are also used in section #db of the ,internal ,revenue ,code of #aihf shall have the same meaning in this section as in such section #db4 #g4 ,treatment of certain possessions 7a7 ,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 7if any7 to that possession by reason of the application 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 respective possession4 7b7 ,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 7if any7 that would have been provided to residents of such possession by reason of the provisions of this ,act if a mirror code tax system had been in effect in such possession4 ,the preceding sentence shall not apply unless the respective possession has a plan1 which has been approved by the ,secretary of the ,treasury1 under which such possession will promptly distribute such payments to its residents4 7c7 ,mirror code tax system ,for purposes of this section1 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 7d7 ,treatment of payments ,for purposes of section #acbd of title #ca1 ,united ,states ,code1 the payments under this section shall be treated in the same manner as a refund due from a credit provision referred to in subsection 7b77#b7 of such section4