II 118th CONGRESS 1st Session S. 2721 IN THE SENATE OF THE UNITED STATES September 5, 2023 Mr. Scott of Florida (for himself and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To appropriate amounts to carry out the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and for other purposes.

1. Short title This Act may be cited as the Federal Disaster Responsibility Act . 2. Disaster relief fund Out of amounts in the Treasury not otherwise appropriated, there are appropriated for fiscal year 2023 $16,500,000,000, to remain available until expended, for necessary expenses to carry out the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) with respect to major disasters declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ). 3. Tax relief related to certain disasters occurring in 2021, 2022, and 2023 (a) Definitions For purposes of this section— (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 after December 27, 2020, and ending on December 31, 2023, 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 after December 28, 2020, and on or before December 31, 2023. (B) Exceptions (i) Disaster receiving relief under previous acts Such term shall not include any area which is a qualified disaster area solely by reason of section 301 of the Taxpayer Certainty and Disaster Tax Relief Act of 2020. (ii) Covid–19 exception Such term shall not include any area with respect to which such a major disaster has been so declared only by reason of COVID–19. (2) 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. (3) 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 ending after the date which is 30 days after the date of the enactment of this Act). (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) in the case of qualified disaster-related personal casualty losses, section 165(h)(1) of such Code shall be applied to 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 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) Treatment of certain possessions (1) 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 section. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (2) 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 section 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. (3) Mirror code tax system For purposes of this subsection, 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. (4) Treatment of payments For purposes of section 1324 of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. (5) 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 subsection, the Internal Revenue Code of 1986 shall be applied with respect to such person without regard to the provisions of this subsection which provide such benefit. 4. Disaster Relief Supplemental Appropriations Act, 2023 amendment Title I of the Disaster Relief Supplemental Appropriations Act, 2023 (division N of Public Law 117–328 ), is amended, in the matter under the heading Office of the Secretary under the heading Processing, Research and Marketing under the heading AGRICULTURAL PROGRAMS under the heading DEPARTMENT OF AGRICULTURE , by inserting : Provided further , That the Secretary of Agriculture may provide assistance for losses described under this heading in this Act in the form of block grants to eligible States and territories before the period at the end. 5. Rehabilitation and repair of flood and storm damage reduction projects Any requirement under section 103 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213 ) with respect to easements shall not apply to construction or rehabilitation and repair of damages to shore protection projects caused by natural disasters using amounts made available to the Corps of Engineers for flood and storm damage reduction projects. 6. Department of Defense assessment (a) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report assessing damage from Hurricane Idalia to Department of Defense bases and installations in the State of Florida. (b) Elements The report required under subsection (a) shall include— (1) an assessment of the impact to Department of Defense operations; and (2) an estimate of costs to repair damages and restore bases and installations to full readiness. 7. Emergency designation (a) In general The amounts provided by this Act are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) ). (b) Designation in house and senate The amounts provided by this Act are designated as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022.