115 HR 6827 IH: United States Territorial Relief Act of 2018
U.S. House of Representatives
2018-09-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 6827IN THE HOUSE OF REPRESENTATIVESSeptember 13, 2018Ms. Velázquez (for herself, Mr. Cicilline, Ms. Clarke of New York, Ms. DeLauro, Mr. Espaillat, Mr. Gallego, Mr. Grijalva, Mr. Gutiérrez, Ms. Jayapal, Mr. Johnson of Georgia, Mr. Khanna, Mr. McGovern, Ms. Schakowsky, Mr. Serrano, Mr. Sires, Mr. Soto, Mr. Thompson of Mississippi, Ms. Maxine Waters of California, and Mr. Welch) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on the Judiciary, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo provide the option of discharging certain unsecured financial obligations of self-governing
			 territories of the United States.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the United States Territorial Relief Act of 2018. (b)Table of contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Definitions.
					Sec. 3. Findings.
					TITLE I—Territorial Relief
					Sec. 101. Relief through exercise of the power to regulate commerce, the bankruptcy power, and the
			 territorial power.
					Sec. 102. Effect of discharge.
					Sec. 103. Actions relating to the status of financial obligations.
					Sec. 104. Notice of discharge.
					Sec. 105. Effective date.
					TITLE II—Puerto Rico Debt Restructuring Compensation Fund
					Sec. 201. Purpose.
					Sec. 202. Definitions.
					Sec. 203. Administration.
					Sec. 204. Determination of eligibility for compensation.
					Sec. 205. Puerto Rico Debt Restructuring Compensation Fund.
					Sec. 206. Regulations.
					Sec. 207. Sunset.
					TITLE III—Puerto Rico Public Credit Comprehensive Audit Commission
					Sec. 301. Definitions.
					Sec. 302. Establishment; dissolution.
					Sec. 303. Reports.
					Sec. 304. Duties.
					Sec. 305. Authority of the Commission.
					Sec. 306. Membership.
					Sec. 307. Powers and responsibilities.
					Sec. 308. Provision of requested information.
					Sec. 309. Access to information.
					Sec. 310. Funding.
					TITLE IV—Severability
					Sec. 401. Severability.
 2.DefinitionsIn this Act: (1)AttachmentThe term attachment means the time at which a security interest becomes enforceable against a debtor with respect to collateral.
 (2)CollateralThe term collateral means property subject to a security interest. (3)Financial guaranty insuranceThe term financial guaranty insurance means a surety bond, an insurance policy, an indemnity contract, or any similar guaranty, under which loss is payable on proof of a financial loss to an insured claimant, an obligee, or an indemnitee as a result of the failure of any obligor on or issuer of any debt instrument or other monetary obligation to pay, when due, principal, interest, or any other amount due or payable with respect to that instrument or obligation, if that failure to pay is the result of a financial default, a financial insolvency, or a discharge in bankruptcy.
 (4)Financial guaranty insurerThe term financial guaranty insurer means a party that is obligated as a surety, insurer, or indemnitor under a financial guaranty insurance contract.
 (5)Financial obligationThe term financial obligation— (A)means an obligation validly owed as of the effective date of this Act by a qualifying territory or an instrumentality of a qualifying territory thereof that arises from any—
 (i)security issued by a qualifying territory or instrumentality of a qualifying territory; (ii)loan taken out by a qualifying territory or instrumentality of a qualifying territory;
 (iii)repurchase or swap or other derivative contract entered into by a qualifying territory or instrumentality of a qualifying territory; or
 (iv)guaranty of any security or loan or repurchase or swap or other derivative contract by a qualifying territory or instrumentality of a qualifying territory; and
 (B)does not include any— (i)claim made by a vendor or service provider that is owed payment by a qualifying territory or an instrumentality of a qualifying territory for a good or service rendered in the ordinary course of business;
 (ii)claim made by or on behalf of a current or former employee of a qualifying territory or an instrumentality of a qualifying territory that is owed payment for a pension or other retirement benefit, or for a health care benefit of any kind; or
 (iii)claim against a qualifying territory or an instrumentality of a qualifying territory for a pending tax refund or tax credit.
 (6)InstrumentalityThe term instrumentality includes— (A)a political subdivision of a qualifying territory;
 (B)a public agency of a qualifying territory; (C)a public corporation of a qualifying territory; and
 (D)a banking corporation of a qualifying territory. (7)Per capita debt of a territoryThe term per capita debt of a territory means the quotient obtained by dividing—
 (A)the aggregate amount of the financial obligations of a territory and the instrumentalities of the territory, which shall not include—
 (i)the Federal debt; or (ii)the unfunded liabilities of a pension system of the government of the qualifying territory or its instrumentalities for the payment of pension and other retirement benefits, or health care benefits of any kind, to current or former employees of a qualifying territory or its instrumentalities of a qualifying territory that is owed payment for a pension or other retirement benefit, or for a health care benefit of any kind; by
 (B)the population of the territory (based on the most recent data available from the Bureau of the Census).
 (8)ProceedsThe term proceeds means— (A)whatever is acquired upon the sale, lease, license, exchange, or other disposition of collateral; or
 (B)whatever is collected on, or distributed on account of, collateral. (9)Qualifying territoryThe term qualifying territory means a territory that meets not less than two of the following qualifications:
 (A)The population of the territory, based on the most recent data available from the Bureau of the Census, has decreased by more than 5 percent during the 10-year period ending on the date of a discharge under section 101.
 (B)The territory has received major disaster assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) during the 5-year period ending on the date of a discharge under section 101.
 (C)The per capita debt of the territory is greater than $15,000 (as adjusted annually to reflect the percentage change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor).
 (10)Security agreementThe term security agreement means an agreement or resolution that creates or provides for a security interest. (11)Secured financial obligationThe term secured financial obligation means any financial obligation to the extent of the value of any collateral pledged by a qualifying territory or an instrumentality of a qualifying territory to secure the repayment of the financial obligation pursuant to a valid and perfected security interest under applicable territorial law, not including—
 (A)any property acquired or anticipated to be acquired by a qualifying territory or an instrumentality of a qualifying territory after the date of a discharge under section 101, even if that property, when acquired, would have become collateral subject to a security interest; or
 (B)any proceeds, products, offspring, or profits of the collateral not in existence on the date of a discharge under section 101, unless the property constitutes the proceeds of collateral to which the security interest has attached as of the date of the discharge.
 (12)Security interestThe term security interest— (A)means an interest in property, including a lien or other pledge of property, that secures a payment or the performance of an obligation; and
 (B)does not include a pledge of the full faith and credit of a qualifying territory or its instrumentality, even in the case that such pledge includes a promise of all available resources of the qualifying territory or its instrumentality.
 (13)TerritoryThe term territory— (A)means any self-governing Federal territory; and
 (B)includes— (i)the Commonwealth of Puerto Rico;
 (ii)Guam; (iii)the Commonwealth of the Northern Mariana Islands;
 (iv)the United States Virgin Islands; and (v)American Samoa.
 (14)Unsecured financial obligationThe term unsecured financial obligation means any financial obligation to the extent the financial obligation is not a secured financial obligation.
 3.FindingsCongress finds that— (1)millions of citizens of the United States reside in territories of the United States;
 (2)the Federal Government owes a special duty of care and stewardship to the citizens of territories of the United States because—
 (A)historically, Federal administration of these territories was often wanting and many residents of the territories faced discriminatory treatment by the Federal Government;
 (B)the economies of these territories face special constraints, including diminishment of property tax bases because of large, untaxed, Federal land holdings; and
 (C)these territories lack the benefits of many Federal programs, such as Supplemental Security Income, the Earned Income Tax Credit, and full access to Medicaid;
 (3)prolonged economic downturns, declines in population, and natural disasters have resulted in some territories of the United States and the instrumentalities of those territories having unsupportable debt burdens on financial obligations, which cannot realistically be repaid without imposing undue hardship on the citizens and residents of those territories;
 (4)disaster recovery funds that are provided by the Federal Government should be used for disaster recovery and not for direct or indirect debt payments;
 (5)unsecured creditors of financially distressed territories and instrumentalities of those territories have little prospect of recovery upon default because of—
 (A)the severe indebtedness of those territories; and (B)the lack of effective remedies for unsecured creditors against those territories and the instrumentalities of those territories; and
 (6)the people of the Commonwealth of Puerto Rico deserve to know about the social, political, and legal factors associated with the amount of the public debt of the Commonwealth of Puerto Rico accrued over the past 5 decades, and the Federal Government has a responsibility to support efforts to obtain those answers, including public or private efforts to conduct a comprehensive audit of the public debt of the Commonwealth of Puerto Rico.
			ITerritorial relief
			101.Relief through exercise of the power to regulate commerce, the bankruptcy power, and the
			 territorial power
 (a)In generalPursuant to clauses 3 and 4 of section 8 of article I and clause 2, section 3 of article IV of the Constitution of the United States, any unsecured financial obligation of a qualifying territory or an instrumentality of a qualifying territory that is outstanding is discharged on the date on which a resolution stating that the qualifying territory wishes to discharge the unsecured financial obligations of the qualifying territory and the instrumentalities of the qualifying territory—
 (1)is adopted by an affirmative vote of more than 1/2 of the members of each house of the legislature of that qualifying territory and is signed by the chief executive of the qualifying territory; or
 (2)is adopted by an affirmative vote of not less than 2/3 of the members of each house of the legislature of that qualifying territory.
 (b)LimitationA qualifying territory may discharge unsecured financial obligations of the qualifying territory and the instrumentalities of the qualifying territory under this title not more frequently than once during any 7-year period, and such discharge shall prohibit the qualifying territory from discharging, adjusting, or impairing, in any manner or degree including in a proceeding under title III of PROMESA (48 U.S.C. 2161 et seq.), a debt described in section 2(5)(B)(ii).
 (c)No stay of actions by qualifying territory To obtain a dischargeNotwithstanding any other provision of Federal, State, or territorial law, the ability of a qualifying territory to obtain a discharge under this Act shall not be stayed, avoided, or otherwise limited by operation of any provision of law or by order of a court, oversight board, or administrative agency in any proceeding.
				(d)Secured financial obligations unaffected
 (1)In generalExcept as provided in paragraphs (3) and (4) of section 102, nothing in subsection (a) shall affect the validity and enforceability of any financial obligation of a qualifying territory or an instrumentality of a qualifying territory to the extent that the obligation is a secured financial obligation.
 (2)VoidabilityNotwithstanding paragraph (1), a secured financial obligation of a qualifying territory or an instrumentality of a qualifying territory may be voidable or otherwise impaired under any other applicable law.
 (e)Rule of constructionNothing in this Act shall be construed to operate as a stay of a pending case brought under title III of PROMESA (48 U.S.C. 2161 et seq.), or of any act of an oversight board appointed under that Act, or to reinstate financial obligations discharged under this Act through any procedure under PROMESA (48 U.S.C. 2101 et seq.).
 102.Effect of dischargeA discharge under section 101 shall— (1)except in regard to actions brought under section 103, operate as a permanent stay, applicable to all entities and enforceable by the qualifying territory or an instrumentality thereof in any court with jurisdiction over an action described in section 103(a), against the commencement or continuation of an action, the employment of process, or an act to collect, recover or offset any outstanding financial obligation to the extent that the financial obligation is not a secured financial obligation as of the date of the discharge, regardless of whether discharge of that unsecured financial obligation is waived by the qualifying territory;
 (2)void any outstanding judgment entered on an unsecured financial obligation of the qualifying territory or instrumentality thereof to the extent that such judgment is a determination of liability of the qualifying territory or instrumentality;
 (3)if prior to the date of the discharge under section 101, the qualifying territory or an instrumentality of the qualifying territory entered into a security agreement securing a financial obligation, prevent the security interest created by the security agreement from attaching to any property acquired by the qualifying territory or an instrumentality thereof after the date of the discharge under section 101, except to the extent that such property constitutes the proceeds of collateral to which the security interest had attached as of the date of the discharge.
				103.Actions relating to the status of financial obligations
 (a)In generalAny financial obligation is conclusively deemed to be an unsecured financial obligation except to the extent that the holder of that obligation proves that the financial obligation is a secured financial obligation in an action for a declaratory judgment that is filed—
 (1)in— (A)an appropriate territorial court of the qualifying territory; or
 (B)a district court of the United States in the qualifying territory; and (2)not later than 180 days after the date of a discharge under section 101.
 (b)Burden of proofIn an action described in subsection (a), the holder of an obligation shall be required to prove by clear and convincing evidence that—
 (1)the obligation is a secured financial obligation; and (2)any revenues generated after a discharge under section 101 are the proceeds of the collateral securing the secured financial obligation.
 (c)Exclusive jurisdictionNotwithstanding title 28, United States Code, a court described in subsection (a)(1) shall have exclusive jurisdiction over an action involving, arising from, or related to the status of a financial obligation as a secured or an unsecured financial obligation under subsection (a), including—
 (1)any action asserting a taking under the Fifth Amendment of the Constitution of the United States; and
 (2)any action for declaratory judgment. (d)AppealsAny appeal from an action under this section shall be heard solely in—
 (1)for a case filed under subsection (a)(1)(A), the appropriate territorial court of the qualifying territory; or
 (2)for a case filed under subsection (a)(1)(B), the appropriate court of appeals of the United States for the qualifying territory.
 (e)CostsAll parties shall bear their own costs in an action under this section. (f)EstoppelAny party to an action under this section shall be estopped in other actions from claiming that the party has been deprived of the property of that party by virtue of—
 (1)a discharge under section 101; or (2)a final ruling in an action described in subsection (a) that a financial obligation of a party is an unsecured financial obligation.
 (g)Bar on avoidance actions by creditorsNotwithstanding any other provision of law, a creditor of a qualifying territory or an instrumentality of a qualifying territory that has received a discharge under this title may not avoid or bring an action to avoid, directly or derivatively, any transfer of property made by the qualifying territory or instrumentality.
				(h)Avoidance of security interests by qualifying territories and instrumentalities of qualifying
			 territories
 (1)In generalIn addition to the relief provided elsewhere in this Act, a qualifying territory or an instrumentality of a qualifying territory, in a civil action described in paragraph (2), may avoid any security interest—
 (A)securing a financial obligation that would be avoidable by a trustee in a case under chapter 7 of title 11, United States Code, filed on the date of the discharge under section 101 if, notwithstanding sections 101(41) and 109(a) of title 11, United States Code, or any statute of limitations under that title, the qualifying territory or the instrumentality of the qualifying territory were deemed an eligible debtor under chapter 7 of title 11, United States Code; or
 (B)securing a financial obligation to the extent that the amount owed on the financial obligation exceeds the value of any collateral, subject to restrictions under paragraph (3), securing the financial obligation.
 (2)Civil actionsA civil action described in this paragraph shall be— (A)brought by a qualifying territory, an instrumentality of a qualifying territory, or a relator on behalf of a qualifying territory or instrumentality of a qualifying territory not later than 2 years after the date of a discharge under section 101; and
 (B)filed in— (i)an appropriate territorial court of the qualifying territory; or
 (ii)a district court of the United States in the qualifying territory. (3)Value of collateralFor the purpose of determining the value of collateral under paragraph (1)(B), the following shall not be included:
 (A)Any proceeds, products, offspring, or profits of the collateral not in existence on the date of a discharge under section 101, regardless of whether those proceeds, products, offspring, or profits of the collateral would become collateral subject to a security interest after the date of a discharge under section 101.
 (B)Any property acquired or anticipated to be acquired by a qualifying territory or an instrumentality of a qualifying territory after the date of a discharge under section 101, regardless of whether that property, when acquired, would have become collateral subject to a security interest.
 (C)Any contract right to tax revenues that arise after the date of a discharge under section 101. 104.Notice of discharge (a)In general (1)Responsibilities of a qualifying territory or instrumentality of a qualifying territoryAfter a discharge under section 101, the qualifying territory shall promptly—
 (A)notify the Secretary of the Treasury of the discharge; (B)provide actual notice of the discharge and of the right to bring an action under section 103 to—
 (i)any known holder of a financial obligation as of the date of the discharge; (ii)any known indenture trustee for a financial obligation as of the date of the discharge;
 (iii)any known agent bank for the loan, swap, repurchase agreement, or other derivative of the holder of a financial obligation as of the date of the discharge; and
 (iv)any known financial guaranty insurer of a financial obligation as of the date of the discharge; (C)publish a general notice, in each of the governmental languages of the qualifying territory, of the discharge and of the right to bring an action under section 103 in—
 (i)not less than 1 newspaper of general circulation of each governmental language published in the qualifying territory; and
 (ii)not less than 2 daily newspapers that each have a national circulation and a general audience; and (D)publish the general notice described in subparagraph (C) in the newspapers described in subparagraph (C) not less than once each week during the 3-week period beginning on the date on which that general notice is first published.
 (2)Notice in the Federal RegisterOn the date on which the Secretary of the Treasury receives the notice described in paragraph (1)(A), the Secretary of the Treasury shall promptly cause to be published in the Federal Register a notice of that discharge and of the right to bring an action under section 103.
					(b)Adequate notice
					(1)Holders of financial obligations
 (A)In generalA holder of a financial obligation shall be presumed to have received adequate notice of a discharge under section 101 if, during the 180-day period beginning on the date of a discharge under section 101, a qualifying territory provides actual notice of the discharge and of the right to bring an action under section 103 to—
 (i)the holder of the financial obligation as of the date of the discharge; (ii)an indenture trustee for the security of the holder as of the date of the discharge; or
 (iii)an agent bank for the loan, swap, repurchase agreement, or other derivative of the holder of a financial obligation as of the date of the discharge.
 (B)Rebuttable presumptionThe presumption described in subparagraph (A) may be rebutted by clear and convincing evidence that the holder of the financial obligation did not receive adequate evidence.
 (2) Notice to a financial guaranty insurerA financial guaranty insurer shall be conclusively deemed to have received adequate notice of a discharge under section 101 if, during the 180-day period beginning on the date of a discharge under section 101, the financial guaranty insurer receives actual notice of the discharge and of the right to bring an action under section 103.
 105.Effective dateThis title shall take effect on the date that is 60 days after the date of enactment of this Act. IIPuerto Rico Debt Restructuring Compensation Fund 201.PurposePursuant to clause 1, section 8 of article I and clause 2, section 3 of article IV of the Constitution of the United States, the purpose of this title is to provide compensation to certain entities and natural persons that suffer economic losses due to a discharge under section 101 of financial obligations owed to those entities and natural persons by the Commonwealth of Puerto Rico or an instrumentality of the Commonwealth of Puerto Rico.
 202.DefinitionsIn this title— (1)the term collateral source compensation—
 (A)means, on the date of a determination under section 204(b)(2)(A), compensation that a claimant has received or is entitled to receive, from a source other than the Fund, as a result of the discharge of the debt of the Commonwealth of Puerto Rico and the instrumentalities of the Commonwealth of Puerto Rico under section 101; and
 (B)includes financial guaranty insurance; (2)the term Fund means the Puerto Rico Debt Restructuring Compensation Fund established under section 205(a);
 (3)the term ineligible investment company means an investment company, as defined in section 3 of the Investment Company Act of 1940 (15 U.S.C. 80a–3), that was not registered under section 8 of that Act (15 U.S.C. 80a–8) on the date on which the investment company made an investment in a financial obligation of the Commonwealth of Puerto Rico or an instrumentality of the Commonwealth of Puerto Rico;
 (4)the term Puerto Rico public pension plan means a pension system of the government of the Commonwealth of Puerto Rico; and (5)the term Special Master means the Special Master appointed under section 203(a).
				203.Administration
				(a)Special Master
					(1)Appointment
 (A)In generalNot later than 60 days after the date of a discharge of the debt of the Commonwealth of Puerto Rico and the instrumentalities of the Commonwealth of Puerto Rico under section 101, the Chief Justice of the Supreme Court of the Commonwealth of Puerto Rico shall appoint a Special Master to administer the compensation program established under this title.
 (B)DisqualificationA Special Master may not have a relationship to a party, attorney, action, or court that would require the disqualification of a judge under section 455 of title 28, United States Code, unless, after the date on which the Special Master discloses any potential ground for disqualification, the party, attorney, action, or court with which the Special Master has a relationship, with the approval of the Chief Justice of the Supreme Court of the Commonwealth of Puerto Rico, consents to the appointment of the Special Master.
 (2)StatusThe Special Master shall be considered to be an official of the Commonwealth of Puerto Rico. (3)Vacancy (A)In generalIn the event of the death, resignation, incapacity, or other vacancy in the position of the Special Master, the position shall be filled in the manner described in paragraph (1).
 (B)Federal Vacancies Reform ActSections 3345 through 3349d of title 5, United States Code, (commonly known as the Federal Vacancies Reform Act of 1998) shall not apply to vacancies in the position of Special Master. (b)Authorization of appropriationsThere are authorized to be appropriated such sums as may be necessary to pay the administrative and support costs for the Special Master in carrying out this title.
				204.Determination of eligibility for compensation
				(a)Filing of claim
 (1)In generalA claimant may file a claim for compensation under this title with the Special Master. The claim shall—
 (A)be on the form developed under paragraph (2); (B)state the factual basis, as certified by the claimant, for eligibility for compensation and the amount of compensation sought; and
 (C)provide evidence that corroborates the eligibility of the claimant for compensation and the amount of compensation sought.
						(2)Claim form
 (A)In generalThe Special Master shall develop a claim form that claimants shall use when submitting claims under paragraph (1). The Special Master shall ensure that such form can be filed electronically.
 (B)ContentsThe form developed under subparagraph (A) shall request information including information regarding—
 (i)economic loss that the claimant suffered as a result of the discharge of the debt of the Commonwealth of Puerto Rico and the instrumentalities of the Commonwealth of Puerto Rico under section 101;
 (ii)collateral source compensation the claimant has received or is entitled to receive as a result of the discharge described in clause (i); and
 (iii)availability of financial guaranty insurance coverage to indemnify the claimant. (C)PenaltyA claim submitted on the form developed under subparagraph (A) shall—
 (i)be submitted under penalty of perjury; and (ii)include an attestation by the claimant that the claimant has not willfully attempted to evade or defeat the eligibility restrictions described in subsection (c).
							(b)Review and determination
 (1)ReviewThe Special Master shall review a claim submitted under subsection (a) and determine— (A)whether the claimant is an eligible person under subsection (c); and
 (B)with respect to a claimant determined to be an eligible person under subsections (c)(2)(A) and (c)(3)—
 (i)the extent of the economic loss to the claimant; and (ii)the amount of compensation to which the claimant is entitled based on the economic losses to the claimant, the facts of the claim, and the individual circumstances of the claimant, including—
 (I)the strength of the ties to the Commonwealth of Puerto Rico, as defined in regulations promulgated under section 206, of the claimant;
 (II)the financial need, as defined in regulations promulgated under section 206, of the claimant; (III)the price at which the claimant obtained that claim against the Commonwealth of Puerto Rico or the instrumentality of the Commonwealth of Puerto Rico; and
 (IV)the date on which the claimant obtained the claim against the Commonwealth of Puerto Rico or the instrumentality of the Commonwealth of Puerto Rico; and
 (C)with respect to a claimant determined to be an eligible person under subsection (c)(2)(B) and (c)(3)—
 (i)the extent of the economic loss to the claimant; and (ii)the amount of compensation to which the claimant is entitled based on the economic loss to the claimant, the facts of the claim, and the individual circumstances of the claimant, including—
 (I)the financial need, as defined in regulations promulgated under section 206, of the claimant; (II)the price at which the claimant obtained that claim against the Commonwealth of Puerto Rico or the instrumentality of the Commonwealth of Puerto Rico; and
 (III)the date on which the claimant obtained the claim against the Commonwealth of Puerto Rico or the instrumentality of the Commonwealth of Puerto Rico.
								(2)Determination
 (A)In generalNot later than 120 days after that date on which a claim is determined to be substantially complete by the Special Master, the Special Master shall complete a review, make a determination, and provide written notice to the claimant, with respect to the matters that were the subject of the claim under review. Such a determination shall be final and not subject to judicial review.
						(B)Rights of claimants
 (i)HearingsBefore the date on which a determination described in subparagraph (A) is made, a claimant in a review under paragraph (1) shall have the right to an in-person hearing conducted by the Special Master.
 (ii)WaiverA claimant in a review under paragraph (1) may waive the right to a hearing described in clause (i).
 (3)Collateral source compensationThe Special Master shall reduce the amount of compensation determined under paragraph (2) by the amount of collateral source compensation.
					(c)Eligibility
 (1)In generalA claimant shall be determined to be an eligible person for purposes of this subsection if the Special Master determines that such claimant—
 (A)is a person described in paragraph (2); and (B)meets the requirements of paragraph (3).
						(2)Eligible persons
						(A)Eligible persons in the Commonwealth of Puerto Rico
 (i)In generalA claimant is a person described in this subparagraph if the claimant is— (I)a natural person who—
 (aa)was domiciled in the Commonwealth of Puerto Rico and was a citizen or lawful permanent resident of the United States on September 20, 2017, regardless of whether that natural person was physically present in the Commonwealth of Puerto Rico at that time;
 (bb)is a beneficial owner of a security issued by the Commonwealth of Puerto Rico or an instrumentality of the Commonwealth of Puerto Rico; and
 (cc)became a beneficial owner of the security described in item (bb) not later than September 20, 2017; (II)a bank or credit union that did business solely in the Commonwealth of Puerto Rico on September 20, 2017;
 (III)a worker association or workplace association in the Commonwealth of Puerto Rico; (IV)a Puerto Rico public pension plan;
 (V)a business, of which the principal place of business was in the Commonwealth of Puerto Rico on September 20, 2017; or
 (VI)subject to clause (ii), any other person that the Special Master determines is an eligible person. (ii)ExclusionsA claimant is not a person described in this subparagraph if the claimant is—
 (I)an ineligible investment company; (II)a financial guaranty insurer;
 (III)as defined in section 101 of title 11, United States Code— (aa)a party to a master netting agreement;
 (bb)a party to a repurchase agreement; or (cc)a party to a swap agreement;
 (IV)any other financial institution with total consolidated assets greater than $2,000,000,000; (V)a person that owns a share in an unregistered investment fund that owns a security issued by the Commonwealth of Puerto Rico or an instrumentality of the Commonwealth of Puerto Rico;
 (VI)a person that acquired a claim against the Commonwealth of Puerto Rico or an instrumentality of the Commonwealth of Puerto Rico during the period beginning on the date that is 180 days before the date of a discharge under section 101, unless that claim was acquired through devise, descent, or a divorce settlement;
 (VII)the Special Master; or (VIII)any other person that the Special Master determines is not an eligible person.
								(B)Eligible persons not in Puerto Rico
 (i)In generalA claimant is a person described in this subparagraph if the claimant was not domiciled in the Commonwealth of Puerto Rico on September 20, 2017, and the claimant is—
 (I)a worker association or workplace association; (II)a pension plan;
 (III)a natural person who— (aa)is a beneficial owner of a security issued by the Commonwealth of Puerto Rico or an instrumentality of the Commonwealth of Puerto Rico; and
 (bb)became a beneficial owner of that security not later than September 20, 2017; (IV)subject to clause (iii), an open-end mutual fund; or
 (V)subject to clause (ii), any other person that the Special Master determines is an eligible person. (ii)ExclusionsA claimant is not a person described in this subparagraph if the claimant was not domiciled in the Commonwealth of Puerto Rico on September 20, 2017, and the claimant is—
 (I)an ineligible investment company; (II)a closed-end company, as defined in section 5 of the Investment Company Act of 1940 (15 U.S.C. 80a–5);
 (III)a financial guaranty insurer; (IV)as defined in section 101 of title 11, United States Code—
 (aa)a party to a master netting agreement; (bb)a party to a repurchase agreement; or
 (cc)a party to a swap agreement; (V)any other financial institution with total consolidated assets greater than $2,000,000,000;
 (VI)a person that owns a share in an unregistered investment fund that owns a security issued by the Commonwealth of Puerto Rico or an instrumentality of the Commonwealth of Puerto Rico;
 (VII)a person that acquired a claim against the Commonwealth of Puerto Rico or an instrumentality of the Commonwealth of Puerto Rico during the period beginning on the date that is 180 days before the date of a discharge under section 101, unless that claim was acquired through devise, descent, or a divorce settlement;
 (VIII)the Special Master; or (IX)any other person that the Special Master determines is not an eligible person.
 (iii)Eligibility of open-end mutual fundsA claimant that is an open-end mutual fund is not an eligible person described in this subparagraph unless the manager of that open-end mutual fund pledges to waive the fee of that manager for any compensation the open-end mutual fund receives under this title.
 (3)Requirements for beneficial owners of securitiesA person that is a beneficial owner of a security issued by the Commonwealth of Puerto Rico or an instrumentality of the Commonwealth of Puerto Rico may file a claim under subsection (a) if the person, as of the date on which the claim is filed—
 (A)has continuously held that security during the period beginning on September 19, 2017, and ending on the date on which the claim is filed; and
 (B)the claim is submitted not later than 180 days after the date of a discharge of the debt of the Commonwealth of Puerto Rico and the instrumentalities of the Commonwealth of Puerto Rico under section 101.
						(d)Compensation
 (1)In generalA claimant may not receive compensation under this title if that claimant is not determined to be an eligible person under this subsection.
					(2)Limitations
 (A)In generalA claimant may not receive compensation under this title that exceeds the amount of the claim filed by the claimant under subsection (a), or seek or receive compensation for a debt described in section 2(5)(B)(ii), which—
 (i)shall not be discharged; and (ii)shall be repaid in full as provided by section 101(b).
 (B)Assigned claimsIn the case of a claim that was assigned to a claimant, the claimant may not receive compensation under this title for that claim that exceeds the amount paid by the claimant for the assignment of that claim.
						205.Puerto Rico Debt Restructuring Compensation Fund
 (a)In generalOn the date of a discharge of the debt of the Commonwealth of Puerto Rico and the instrumentalities of the Commonwealth of Puerto Rico under section 101, there is established in the Treasury of the United States a fund to be known as the Puerto Rico Debt Restructuring Compensation Fund, consisting of amounts appropriated into the Fund under subsection (b).
				(b)Appropriation
 (1)In generalThere is appropriated to the Fund, out of any funds in the Treasury of the United States not otherwise appropriated, $15,000,000,000, which shall be available without further appropriation to the Special Master to provide compensation for claims of eligible persons under this title.
					(2)Emergency designation
 (A)In generalThe amount necessary to carry out this Act is designated by Congress as being for emergency requirements pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).
						(B)PAYGO
 (i)In generalThis Act is 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)).
 (ii)Designation in SenateIn the Senate, this Act is designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.
							(c)Distribution
 (1)In generalOf the amounts appropriated into the Fund under subsection (b)— (A)50 percent shall be made available to pay claims of eligible persons described in section 204(c)(2)(A); and
 (B)50 percent shall be made available to pay claims of eligible persons described in section 204(c)(2)(B).
 (2)Claims exceeding appropriated amountsIf the claims of eligible persons described in section 204(c)(2)(A) or of eligible persons described in section 204(c)(2)(B) exceed the amounts appropriated to pay those respective claims under paragraph (1), any claim of an eligible person within that respective category shall be reduced on a pro rata basis.
 (3)Date of distributionFor the purpose of reducing claims under paragraph (2), the Special Master shall determine a date on which all claims of eligible persons shall be paid.
 (d)Unobligated fundsAny amounts made available under subsection (b) that are not obligated by the Special Master as of the date that is 36 months after the date of enactment of this Act shall be returned to the Treasury of the United States.
				206.Regulations
 (a)In generalThe Special Master shall promulgate regulations, through notice and comment rulemaking in compliance with section 553 of title 5, United States Code, to carry out this title.
 (b)Notice of proposed rulemakingNot later than 60 days after the date on which the Special Master is appointed under section 203(a), the Special Master shall publish a notice of proposed rulemaking in the Federal Register.
 (c)Final ruleNot later than 60 days after the date on which the notice of proposed rulemaking described in subsection (b) is published, the Special Master shall promulgate final regulations to carry out this title.
 (d)Vacancy in the position of Special MasterIf promulgation of regulations under this section is completed before the date on which a Special Master is appointed under section 203(a)(3)(A), that Special Master is not required to promulgate new regulations under this section.
 207.SunsetThe provisions of this title shall be effective for the period beginning on the date of enactment of this Act and ending on the date that is 36 months after the date of enactment of this Act.
			IIIPuerto Rico Public Credit Comprehensive Audit Commission
 301.DefinitionsIn this title— (1)the term comprehensive audit means a supervisory action taken to examine and evaluate the public debt contracting, refinancing, or renegotiation process, the source and intended use of resources, and the implementation of programs and projects financed with domestic or foreign debt, in order to determine the legitimacy, lawfulness, transparency, quality, efficacy, and efficiency thereof, considering legal and financial aspects, and the economic, social, gender, regional, ecological, national, and municipal impact thereof;
 (2)the term Commission means the Puerto Rico Public Credit Comprehensive Audit Commission established under section 302; and
 (3)the term credit request means request or application for credit by the Commonwealth of Puerto Rico, or any instrumentality of the Commonwealth of Puerto Rico, to obtain credit from a government or a banking or multilateral financial system in the domestic or foreign private sector, including any agreement, contract, or other form or method relating to that request or application.
				302.Establishment; dissolution
 (a)EstablishmentThere is established an independent commission to be known as the Puerto Rico Public Credit Comprehensive Audit Commission.
 (b)DissolutionThe Commission shall only be dissolved after the Commission completes or fulfills each duty of the Commission under section 304 and issues the final report of the Commission under section 303(b).
				303.Reports
 (a)In generalNot later than 1 year after the date of enactment of this Act, and not later than every 180 days thereafter, the Commission shall make publicly available a report describing the progress of the Commission in carrying out the duties of the Commission under section 304 as of the date on which the report is released.
 (b)Final reportUpon completing the duties of the Commission under section 304, the Commission shall make publicly available and submit to the Legislative Assembly of the Commonwealth of Puerto Rico and the Governor of the Commonwealth of Puerto Rico the final report of the Commission, which shall state in detail the findings, conclusions, and recommendations of the Commission relating to the duties of the Commission carried out under section 304.
				304.Duties
 (a)In generalThe Commission shall carry out the duties described in subsections (b) and (c). (b)Comprehensive audit (1)In generalThe Commission shall conduct a comprehensive audit of all public debt of the Commonwealth of Puerto Rico issued during the period beginning on the first day of fiscal year 1972 and ending on the date of enactment of this Act, which shall include an audit of agreements, contracts, and other forms or methods employed by the Commonwealth of Puerto Rico and any instrumentality thereof to obtain credit from governments, banking or multilateral financial system institutions, and the domestic or foreign private sector.
 (2)CriteriaIn order to conduct the comprehensive audit under paragraph (1), the Commission shall establish criteria to be used in evaluating each credit request that shall include, with respect to each credit request—
 (A)any precedent, study, technical, economic, financial, or social viability score, or other supporting document that supported the credit request at the time the credit request was made;
 (B)the amount of the credit requested in the credit request; (C)the currency unit in which the credit was obtained through the credit request;
 (D)the total amount of any subsequent increase or extension of credit from the original amount of credit obtained through the credit request;
 (E)the economic, financial, and business conditions agreed upon under the credit request; (F)the economic, financial, and business conditions effectively applied under the credit request;
 (G)any condition contained in the credit request; (H)the intended and actual use of any resources funded by the credit request;
 (I)the total impact of any project funded by the credit request; (J)the name of each individual who, on behalf of any party to the credit request, transacted or executed the credit request;
 (K)each method or mechanism used to meet any obligation agreed to under the credit request; and (L)any other circumstance or information determined by the Commission to be pertinent in determining the legitimacy, lawfulness, transparency, quality, efficacy, and efficiency of each credit request, considering—
 (i)the legal and financial aspects of the credit request; and (ii)the economic, social, gender, regional, ecological, national, and municipal impact of the credit request.
 (c)Data transparency databaseThe Commission shall establish and maintain a publicly available data transparency database that shall contain any information relating to any public, private, domestic, or foreign debt held by a public institution of the Commonwealth of Puerto Rico collected through the comprehensive audit under subsection (b).
 305.Authority of the CommissionIn order to carry out the duties described in section 304, the Commission— (1)may audit, and ensure the transparency of, the indebtedness process of the Commonwealth of Puerto Rico and each instrumentality of the Commonwealth of Puerto Rico; and
 (2)shall have primary jurisdiction to intervene, have knowledge of, and conduct, on the initiative of the Commission, any investigation on any matter or dispute relating to any indebtedness process described in paragraph (1).
				306.Membership
 (a)In generalThe Commission shall be composed of— (1)the Executive Director of the Puerto Rico Institute of Statistics, or the designee of the Executive Director; and
 (2)the following individuals, who shall be appointed not later than 180 days after the date of enactment of this Act by the Governor of the Commonwealth of Puerto Rico to serve on the Commission:
 (A)One representative of each parliamentary majority in the Legislative Assembly. (B)One representative of each parliamentary minority in the Legislative Assembly.
 (C)One professor of economics from any public higher education institution located in the Commonwealth of Puerto Rico.
 (D)One professor of finance from any public higher education institution located in the Commonwealth of Puerto Rico.
 (E)One professor of accounting from any public higher education institution located in the Commonwealth of Puerto Rico.
 (F)One professor of statistics from any public higher education institution located in the Commonwealth of Puerto Rico.
 (G)One professor of law from any public higher education institution located in the Commonwealth of Puerto Rico.
 (H)One representative of the labor union sector in the Commonwealth of Puerto Rico. (I)One representative of the business community in the Commonwealth of Puerto Rico, with preference given to a representative from a small- or medium-sized business located in the Commonwealth of Puerto Rico.
 (J)One representative of the cooperative sector in the Commonwealth of Puerto Rico. (K)One professor of sociology from any public higher education institution who has published work in one or more peer-reviewed journals that indicates expertise in data relating to Puerto Rico.
 (L)One individual who is a translator or interpreter of English and Spanish. (b)Chairperson (1)In generalAfter each of the members of the Commission are appointed under subsection (a), the members of the Commission shall elect from among the members of the Commission 1 individual to serve as the Chairperson of the Commission.
 (2)DutiesThe Chairperson of the Commission shall— (A)call and preside over meetings of the Commission; and
 (B)be the legal representative of the Commission. (3)Tie voteIn the case of a tie vote among the members of the Commission, the vote of the Chairperson shall be determinative.
 (c)Period of appointmentMembers of the Commission shall be appointed for the life of the Commission. (d)VacanciesAny vacancy in the Commission shall not affect the powers of the Commission but shall be filled in the same manner as the original appointment or election.
 (e)Executive Director of the Puerto Rico Institute of StatisticsIf, on the date of enactment of this Act, the Puerto Rico Institute of Statistics has been disbanded or reorganized to be a part of another government department of the Commonwealth of Puerto Rico, the individual who was the Executive Director of the Puerto Rico Institute of Statistics on the day before the date of such disbanding or reorganization shall be named to the Commission.
 (f)Failure To appoint Commission membersIf the Governor of the Commonwealth of Puerto Rico fails to appoint any member of the Commission described under subsection (a)(2) during the period described in that subsection, not later than 180 days after the expiration of that period, the President of the Senate of the Commonwealth of Puerto Rico and the Speaker of the House of Representatives of the Commonwealth of Puerto Rico shall jointly appoint any member that has not been appointed.
 307.Powers and responsibilitiesTo carry out the duties of the Commission under section 304, the Commission shall— (1)adopt internal bylaws as appropriate for the proper operations and fulfillment of the objectives of the Commission;
 (2)define and propose to the Department of the Treasury the hiring of staff to conduct audits in accordance with the rules and administrative procedures set forth by the laws of the Commonwealth of Puerto Rico relating to technical audits;
 (3)designate and hire a minimum number of regular personnel required to carry out the duties and fulfill the objectives of the Commission;
 (4)read reports relating to the audit processes and other studies that have been entrusted to commissions and technical units relating to audits of public debt;
 (5)review and approve the annual budget and operational plan of the Commission based on those devised by the Director of the Office of Management and Budget;
 (6)as appropriate, request technical support from any public institution, including by, as necessary, through the request for the transfer, on a temporary assignment, of any technical personnel required to carry out a specific program of the Commission after stating the length of the period for which the transfer will be required;
 (7)hold— (A)a regular meeting not less than twice each month; and
 (B)a special meeting upon the request of not less than 3 of the members of the Commission; (8)access the information necessary to discharge the duties of the Commission;
 (9)file with the Legislative Assembly of the Commonwealth of Puerto Rico and the Governor of the Commonwealth of Puerto Rico periodic reports stating achievements of the Commission in carrying out the duties of the Commission under section 304, which shall include any recommendation or suggestion that the Commission determines to be pertinent, including any relevant recommendation of the Commission relating to the commencement of any appropriate administrative, civil, or criminal action relating to the findings of the Commission; and
 (10)propose rules and policies relating to strengthening the procedures relating to audits of public debt as a permanent duty of the Commonwealth of Puerto Rico.
				308.Provision of requested information
 (a)In generalEach entity, official, or former official of the Commonwealth of Puerto Rico shall provide any information requested by the Commission in carrying out the duties of the Commission under section 304 by summons or as required by law.
 (b)Order To complyAny entity, official, or former official described in subsection (a) that does not obey a summons or request of the Commission for information required by the Commission to carry out the duties of the Commission under section 304, the appropriate district court of the Commonwealth of Puerto Rico shall, on the request of the Commission, issue an order compelling that entity, official, or former official to produce the requested information, as appropriate.
 (c)ContemptAny entity, official, or former official described in subsection (a) that does not comply with an order of the court under subsection (b) shall be held in contempt for failing to obey that order.
				309.Access to information
				(a)Public documents
 (1)In generalAny document, record, or information relating to the public debt of the Commonwealth of Puerto Rico, including any document relating to any public offering, contract, agreement, order, or report detailing how funds obtained are spent, or contract or agreements with a creditor of the Commonwealth of Puerto Rico, shall be—
 (A)classified as a public document; and (B)made accessible to any interested party.
 (2)ConfidentialityAny claim of confidentiality relating to information described in paragraph (1) by any person, including any entity, official, or former official of the Commonwealth of Puerto Rico, shall be construed narrowly and in favor of promoting transparency and the right of the public to that information.
					(b)Confidential information
 (1)In generalThe Commission shall have the authority to obtain confidential information necessary to carry out the duties of the Commission under section 304.
 (2)ConfidentialityThe Commission shall keep any information described under subsection (a) confidential as required under the Constitution of the Commonwealth of Puerto Rico.
 (c)Rule of constructionNothing in this title shall be construed to grant any special power to the Commission to conceal information from the public based on any rule relating to confidentiality. This title shall be interpreted broadly to favor the right of the public to information relating to the activities of the Commission.
 310.FundingThe Legislative Assembly of the Commonwealth of Puerto Rico shall provide the Commission with sufficient funds to carry out the duties of the Commission under section 304, including funds to pay fair compensation to members and staff of the Commission, based on the annual budget prepared for the Commission by the Office of Management and Budget, which shall be included in the general budget of the Commonwealth of Puerto Rico.
			IVSeverability
 401.SeverabilityIf any provision of this Act or the application of such provision to any person or circumstance is held to be invalid or unconstitutional, the remainder of this Act and the application of the provisions of this Act to any person or circumstance shall remain and shall not be affected thereby.


109 HCON 375 IH: Expressing the sense of Congress to support the decision of the United States Court of Federal Claims to award public safety officer death benefits to the family of Christopher Nicholas Kangas, a 14-year old volunteer apprentice firefighter who died as a result of serious injuries sustained en route to assist in fighting a fire.
U.S. House of Representatives
2006-03-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
109th CONGRESS
2d Session
H. CON. RES. 375
IN THE HOUSE OF REPRESENTATIVES

March 30, 2006
Mr. Weldon of Pennsylvania submitted the following concurrent resolution; which was referred to the Committee on the Judiciary

CONCURRENT RESOLUTION
Expressing the sense of Congress to support the decision of the United States Court of Federal Claims to award public safety officer death benefits to the family of Christopher Nicholas Kangas, a 14-year old volunteer apprentice firefighter who died as a result of serious injuries sustained en route to assist in fighting a fire.

Whereas the intent of Congress when establishing the Public Safety Officers’ Benefits program was to extend benefits to individuals who risk their lives for the benefit of the public, regardless of age; and
Whereas Christopher Nicholas Kangas sacrificed his young life while en route to fight a fire, his family was initially denied Public Safety Death Benefits due to his ineligibility to qualify as a firefighter: Now, therefore, be it

That the Congress supports the decision of the United States Court of Federal Claims (No. 05–697C), March 27, 2008, to grant Public Safety Officers Benefits to the family of Christopher Nicholas Kangas, a 14-year old volunteer apprentice firefighter who died as a result of serious injuries sustained en route to assist in fighting a fire.


116 S2544 IS: Hurricanes Florence and Michael and California Wildfire Tax Relief Act
U.S. Senate
2019-09-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 2544IN THE SENATE OF THE UNITED STATESSeptember 25, 2019Mr. Burr (for himself, Mr. Tillis, Mrs. Feinstein, Ms. Harris, Mr. Isakson, Mr. Graham, and Mr. Rubio) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo provide tax relief for the victims of Hurricane Florence, Hurricane Michael, and certain
			 California wildfires.

 1.Short titleThis Act may be cited as the Hurricanes Florence and Michael and California Wildfire Tax Relief Act. 2.DefinitionsFor purposes of this Act—
 (1)Hurricane Florence disaster zoneThe term Hurricane Florence disaster zone means that portion of the Hurricane Florence disaster area determined by the President to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Florence.
 (2)Hurricane Florence disaster areaThe term Hurricane Florence disaster area means an area with respect to which a major disaster has been declared by the President before November 26, 2018, under section 401 of such Act by reason of Hurricane Florence.
 (3)Hurricane Michael disaster zoneThe term Hurricane Michael disaster zone means that portion of the Hurricane Michael disaster area determined by the President to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Michael.
 (4)Hurricane Michael disaster areaThe term Hurricane Michael disaster area means an area with respect to which a major disaster has been declared by the President before November 26, 2018, under section 401 of such Act by reason of Hurricane Michael.
			(5)Mendocino and Carr wildfires
 (A)Mendocino and Carr wildfire disaster zoneThe term Mendocino and Carr wildfire disaster zone means that portion of the Mendocino and Carr wildfire disaster area determined by the President to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of the wildfires in California commonly known as the Mendocino and Carr wildfires of 2018.
 (B)Mendocino and Carr wildfire disaster areaThe term Mendocino and Carr wildfire disaster area means an area with respect to which between August 4, 2018, and November 26, 2018, a major disaster has been declared by the President under section 401 of such Act by reason of the wildfire in California commonly known as the Mendocino and Carr wildfires of 2018.
				(6)Camp, Woolsey, and Hill  wildfires
 (A)Camp, Woolsey, and Hill wildfire disaster zoneThe term Camp, Woolsey, and Hill wildfire disaster zone means that portion of the Camp, Woolsey, and Hill wildfire disaster area determined by the President to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of the wildfires in California commonly known as the Camp, Woolsey, and Hill wildfires of 2018.
 (B)Camp, Woolsey, and Hill wildfire disaster areaThe term Camp, Woolsey, and Hill wildfire disaster area means an area with respect to which between November 12, 2018, and December 15, 2018, a major disaster has been declared by the President under section 401 of such Act by reason of the wildfires in California commonly known as the Camp, Woolsey, and Hill wildfires of 2018.
				3.Special disaster-related rules for use of retirement funds
			(a)Tax-Favored withdrawals from retirement plans
 (1)In generalSection 72(t) of the Internal Revenue Code of 1986 shall not apply to any qualified disaster distribution.
				(2)Aggregate dollar limitation
 (A)In generalFor 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 distributionsIf 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 groupFor 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 disasterThe limitation of subparagraph (A) shall be applied separately with respect to distributions described in each clause of paragraph (4)(A).
					(3)Amount distributed may be repaid
 (A)In generalAny 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 one or more contributions in an aggregate amount not to exceed the amount of such distribution to an eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), of the Internal Revenue Code of 1986, as the case may be.
 (B)Treatment of repayments of distributions from eligible retirement plans other than IRAsFor 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 for distributions from IRAsFor 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)DefinitionsFor purposes of this subsection— (A)Qualified disaster distributionExcept as provided in paragraph (2), the term qualified disaster distribution means—
 (i)any distribution from an eligible retirement plan made on or after September 7, 2018, and before January 1, 2020, to an individual whose principal place of abode on September 7, 2018, is located in the Hurricane Florence disaster area and who has sustained an economic loss by reason of Hurricane Florence,
 (ii)any distribution from an eligible retirement plan made on or after October 7, 2018, and before January 1, 2020, to an individual whose principal place of abode on October 7, 2018, is located in the Hurricane Michael disaster area and who has sustained an economic loss by reason of Hurricane Michael,
 (iii)any distribution from an eligible retirement plan made on or after July 23, 2018, and before January 1, 2020, to an individual whose principal place of abode during any portion of the period from July 23, 2018, to September 19, 2018, is located in the Mendocino and Carr wildfire disaster area and who has sustained an economic loss by reason of the wildfires to which the declaration of such area relates, and
 (iv)any distribution from an eligible retirement plan made on or after November 8, 2018, and before January 1, 2020, to an individual whose principal place of abode during any portion of the period from November 8, 2018, to December 15, 2018, is located in the Camp, Woolsey, and Hill wildfire disaster area and who has sustained an economic loss by reason of the wildfires to which the declaration of such area relates.
 (B)Eligible retirement planThe 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 generalIn 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 ruleFor 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 rulesFor 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 requirementsFor 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 generalAny individual who received a qualified distribution may, during the applicable period, make one or more contributions in an aggregate amount not to exceed the amount of such qualified distribution to an eligible retirement plan (as defined in section 402(c)(8)(B) of 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 repaymentsRules similar to the rules of subparagraphs (B) and (C) of subsection (a)(3) shall apply for purposes of this subsection.
 (2)Qualified distributionFor purposes of this subsection— (A)In generalThe term qualified distribution means any qualified Florence distribution, any qualified Michael distribution, any qualified Mendocino and Carr distribution, and any qualified Camp, Woolsey, and Hill distribution.
 (B)Qualified Florence distributionThe term qualified Florence distribution means any distribution— (i)described in section 401(k)(2)(B)(i)(IV), 403(b)(7)(A)(ii) (but only to the extent such distribution relates to financial hardship), 403(b)(11)(B), or 72(t)(2)(F), of the Internal Revenue Code of 1986,
 (ii)received after February 28, 2018, and before November 8, 2018, and (iii)which was to be used to purchase or construct a principal residence in the Hurricane Florence disaster area, but which was not so purchased or constructed on account of Hurricane Florence.
 (C)Qualified Michael distributionThe term qualified Michael distribution means any distribution— (i)described in section 401(k)(2)(B)(i)(IV), 403(b)(7)(A)(ii) (but only to the extent such distribution relates to financial hardship), 403(b)(11)(B), or 72(t)(2)(F), of the Internal Revenue Code of 1986,
 (ii)received after February 28, 2018, and before November 23, 2018, and (iii)which was to be used to purchase or construct a principal residence in the Hurricane Michael disaster area, but which was not so purchased or constructed on account of Hurricane Michael.
 (D)Qualified Mendocino and Carr distributionThe term qualified Mendocino and Carr distribution means any distribution— (i)described in section 401(k)(2)(B)(i)(IV), 403(b)(7)(A)(ii) (but only to the extent such distribution relates to financial hardship), 403(b)(11)(B), or 72(t)(2)(F), of the Internal Revenue Code of 1986,
 (ii)received after February 28, 2018, and before October 19, 2018, and (iii)which was to be used to purchase or construct a principal residence in the Mendocino and Carr wildfire disaster area, but which was not so purchased or constructed on account of the wildfires to which the declaration of such area relates.
 (E)Qualified Camp, Woolsey, and Hill distributionThe term qualified Camp, Woolsey, and Hill distribution means any distribution— (i)described in section 401(k)(2)(B)(i)(IV), 403(b)(7)(A)(ii) (but only to the extent such distribution relates to financial hardship), 403(b)(11)(B), or 72(t)(2)(F), of the Internal Revenue Code of 1986,
 (ii)received after February 28, 2018, and before December 30, 2018, and (iii)which was to be used to purchase or construct a principal residence in the Camp, Woolsey, and Hill wildfire disaster area, but which was not so purchased or constructed on account of the wildfires to which the declaration of such area relates.
 (3)Applicable periodFor purposes of this subsection, the term applicable period means— (A)with respect to any qualified Florence distribution, the period beginning on September 7, 2018, and ending on February 28, 2019,
 (B)with respect to any qualified Michael distribution, the period beginning on October 7, 2018, and ending on February 28, 2019,
 (C)with respect to any qualified Mendocino and Carr distribution, the period beginning on July 23, 2018, and ending on February 28, 2019, and
 (D)with respect to any qualified Camp, Woolsey, and Hill distribution, the period beginning on November 8, 2018, and ending on February 28, 2019.
					(c)Loans from qualified plans
 (1)Increase in limit on loans not treated as distributionsIn 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 period beginning on the date of the enactment of this Act and ending on December 31, 2019—
 (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 repaymentIn the case of a qualified individual with an outstanding loan on or after the qualified beginning date from a qualified employer plan (as defined in section 72(p)(4) 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 qualified beginning date and ending on December 31, 2019, such due date shall be delayed for 1 year,
 (B)any subsequent repayments with respect to any such loan shall be appropriately adjusted to reflect the delay in the due date under paragraph (1) and any interest accruing during such delay, and
 (C)in determining the 5-year period and the term of a loan under subparagraph (B) or (C) of section 72(p)(2) of such Code, the period described in subparagraph (A) shall be disregarded.
 (3)Qualified individualFor purposes of this subsection— (A)In generalThe term qualified individual means any qualified Hurricane Florence individual, any qualified Hurricane Michael individual, any qualified Mendocino and Carr individual, and any qualified Camp, Woolsey, and Hill individual.
 (B)Qualified Hurricane Florence individualThe term qualified Hurricane Florence individual means any individual whose principal place of abode on September 7, 2018, is located in the Hurricane Florence disaster area and who has sustained an economic loss by reason of Hurricane Florence.
 (C)Qualified Hurricane Michael individualThe term qualified Hurricane Michael individual means any individual whose principal place of abode on October 7, 2018, is located in the Hurricane Michael disaster area and who has sustained an economic loss by reason of Hurricane Michael.
 (D)Qualified Mendocino and Carr individualThe term qualified Mendocino and Carr individual means any individual whose principal place of abode during any portion of the period from July 23, 2018, to September 19, 2018, is located in the Mendocino and Carr wildfire disaster area and who has sustained an economic loss by reason of wildfires to which the declaration of such area relates.
 (E)Qualified Camp, Woolsey, and Hill individualThe term qualified Camp, Woolsey, and Hill individual means any individual whose principal place of abode during any portion of the period from November 8, 2018, to December 15, 2018, is located in the Camp, Woolsey, and Hill wildfire disaster area and who has sustained an economic loss by reason of wildfires to which the declaration of such area relates.
 (4)Qualified beginning dateFor purposes of this subsection— (A)Hurricane FlorenceIn the case of any qualified Florence individual, the qualified beginning date is September 7, 2018.
 (B)Hurricane MichaelIn the case of any qualified Michael individual, the qualified beginning date is October 7, 2018. (C)Mendocino and Carr wildfireIn the case of any qualified Mendocino and Carr individual, the qualified beginning date is July 23, 2018.
 (D)Camp, Woolsey, and Hill wildfireIn the case of any qualified Camp, Woolsey, and Hill individual, the qualified beginning date is November 8, 2018.
					(d)Provisions relating to plan amendments
 (1)In generalIf 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 generalThis 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)ConditionsThis 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. 4.Employment relief (a)Employee retention credit for employers affected by Hurricane Florence (1)In generalFor purposes of section 38 of the Internal Revenue Code of 1986, in the case of an eligible employer, the Hurricane Florence employee retention credit shall be treated as a credit listed in subsection (b) of such section. For purposes of this subsection, the Hurricane Florence employee retention credit for any taxable year is an amount equal to 40 percent of the qualified wages with respect to each eligible employee of such employer for such taxable year. For purposes of the preceding sentence, the amount of qualified wages which may be taken into account with respect to any individual shall not exceed $6,000.
 (2)DefinitionsFor purposes of this subsection— (A)Eligible employerThe term eligible employer means any employer—
 (i)which conducted an active trade or business on September 7, 2018, in the Hurricane Florence disaster zone, and
 (ii)with respect to whom the trade or business described in clause (i) is inoperable on any day after September 7, 2018, and before January 1, 2019, as a result of damage sustained by reason of Hurricane Florence.
 (B)Eligible employeeThe term eligible employee means with respect to an eligible employer an employee whose principal place of employment on September 7, 2018, with such eligible employer was in the Hurricane Florence disaster zone.
 (C)Qualified wagesThe 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 on any day after September 7, 2018, and before January 1, 2019, which occurs during the period—
 (i)beginning on the date on which the trade or business described in subparagraph (A) first became inoperable at the principal place of employment of the employee immediately before Hurricane Florence, and
 (ii)ending on the date on which such trade or business has resumed significant operations at such principal place of employment.
						Such term shall include wages paid without regard to whether the employee performs no services,
			 performs services at a different place of employment than such principal
			 place of employment, or performs services at such principal place of
 employment before significant operations have resumed.(3)Certain rules to applyFor purposes of this subsection, rules similar to the rules of sections 51(i)(1), 52, and 280C(a), of the Internal Revenue Code of 1986, shall apply.
 (4)Employee not taken into account more than onceAn employee shall not be treated as an eligible employee for purposes of this subsection for any period with respect to any employer if such employer is allowed a credit under section 51 of the Internal Revenue Code of 1986 with respect to such employee for such period.
				(b)Employee retention credit for employers affected by Hurricane Michael
 (1)In generalFor purposes of section 38 of the Internal Revenue Code of 1986, in the case of an eligible employer, the Hurricane Michael employee retention credit shall be treated as a credit listed in subsection (b) of such section. For purposes of this subsection, the Hurricane Michael employee retention credit for any taxable year is an amount equal to 40 percent of the qualified wages with respect to each eligible employee of such employer for such taxable year. For purposes of the preceding sentence, the amount of qualified wages which may be taken into account with respect to any individual shall not exceed $6,000.
 (2)DefinitionsFor purposes of this subsection— (A)Eligible employerThe term eligible employer means any employer—
 (i)which conducted an active trade or business on October 7, 2018, in the Hurricane Michael disaster zone, and
 (ii)with respect to whom the trade or business described in clause (i) is inoperable on any day after October 7, 2018, and before January 1, 2019, as a result of damage sustained by reason of Hurricane Michael.
 (B)Eligible employeeThe term eligible employee means with respect to an eligible employer an employee whose principal place of employment on October 7, 2018, with such eligible employer was in the Hurricane Michael disaster zone.
 (C)Qualified wagesThe 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 on any day after October 7, 2018, and before January 1, 2019, which occurs during the period—
 (i)beginning on the date on which the trade or business described in subparagraph (A) first became inoperable at the principal place of employment of the employee immediately before Hurricane Michael, and
 (ii)ending on the date on which such trade or business has resumed significant operations at such principal place of employment.
						Such term shall include wages paid without regard to whether the employee performs no services,
			 performs services at a different place of employment than such principal
			 place of employment, or performs services at such principal place of
 employment before significant operations have resumed.(3)Certain rules to applyFor purposes of this subsection, rules similar to the rules of sections 51(i)(1), 52, and 280C(a), of the Internal Revenue Code of 1986, shall apply.
 (4)Employee not taken into account more than onceAn employee shall not be treated as an eligible employee for purposes of this subsection for any period with respect to any employer if such employer is allowed a credit under section 51 of the Internal Revenue Code of 1986 with respect to such employee for such period.
				(c)Employee retention credit for employers affected by Mendocino and Carr wildfires
 (1)In generalFor purposes of section 38 of the Internal Revenue Code of 1986, in the case of an eligible employer, the Mendocino and Carr wildfire employee retention credit shall be treated as a credit listed in subsection (b) of such section. For purposes of this subsection, the Mendocino and Carr wildfire employee retention credit for any taxable year is an amount equal to 40 percent of the qualified wages with respect to each eligible employee of such employer for such taxable year. For purposes of the preceding sentence, the amount of qualified wages which may be taken into account with respect to any individual shall not exceed $6,000.
 (2)DefinitionsFor purposes of this subsection— (A)Eligible employerThe term eligible employer means any employer—
 (i)which conducted an active trade or business for any portion of the period from July 23, 2018, to September 19, 2018, in the Mendocino and Carr wildfire disaster zone, and
 (ii)with respect to whom the trade or business described in clause (i) is inoperable on any day after July 23, 2018, and before January 1, 2019, as a result of damage sustained by reason of the wildfires to which the declaration of the Mendocino and Carr wildfire disaster area relates.
 (B)Eligible employeeThe term eligible employee means with respect to an eligible employer an employee whose principal place of employment for any portion of the period from July 23, 2018, to September 19, 2018, with such eligible employer was in the Mendocino and Carr wildfire disaster zone.
 (C)Qualified wagesThe 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 on any day after July 23, 2018, and before January 1, 2019, which occurs during the period—
 (i)beginning on the date on which the trade or business described in subparagraph (A) first became inoperable at the principal place of employment of the employee immediately before the wildfires to which the declaration of the Mendocino and Carr wildfire disaster area relates, and
 (ii)ending on the date on which such trade or business has resumed significant operations at such principal place of employment.
						Such term shall include wages paid without regard to whether the employee performs no services,
			 performs services at a different place of employment than such principal
			 place of employment, or performs services at such principal place of
 employment before significant operations have resumed.(3)Certain rules to applyFor purposes of this subsection, rules similar to the rules of sections 51(i)(1), 52, and 280C(a), of the Internal Revenue Code of 1986, shall apply.
 (4)Employee not taken into account more than onceAn employee shall not be treated as an eligible employee for purposes of this subsection for any period with respect to any employer if such employer is allowed a credit under section 51 of the Internal Revenue Code of 1986 with respect to such employee for such period.
				(d)Employee retention credit for employers affected by Camp, Woolsey, and Hill wildfires
 (1)In generalFor purposes of section 38 of the Internal Revenue Code of 1986, in the case of an eligible employer, the Camp, Woolsey, and Hill wildfire employee retention credit shall be treated as a credit listed in subsection (b) of such section. For purposes of this subsection, the Camp, Woolsey, and Hill wildfire employee retention credit for any taxable year is an amount equal to 40 percent of the qualified wages with respect to each eligible employee of such employer for such taxable year. For purposes of the preceding sentence, the amount of qualified wages which may be taken into account with respect to any individual shall not exceed $6,000.
 (2)DefinitionsFor purposes of this subsection— (A)Eligible employerThe term eligible employer means any employer—
 (i)which conducted an active trade or business for any portion of the period from November 8, 2018, to December 15, 2018, in the Camp, Woolsey, and Hill wildfire disaster zone, and
 (ii)with respect to whom the trade or business described in clause (i) is inoperable on any day after November 8, 2018, and before January 1, 2019, as a result of damage sustained by reason of the wildfires to which the declaration of the Camp, Woolsey, and Hill wildfire disaster area relates.
 (B)Eligible employeeThe term eligible employee means with respect to an eligible employer an employee whose principal place of employment for any portion of the period from November 8, 2018, to December 15, 2018, with such eligible employer was in the Camp, Woolsey, and Hill wildfire disaster zone.
 (C)Qualified wagesThe 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 on any day after November 8, 2018, and before January 1, 2019, which occurs during the period—
 (i)beginning on the date on which the trade or business described in subparagraph (A) first became inoperable at the principal place of employment of the employee immediately before the wildfires to which the declaration of the Camp, Woolsey, and Hill wildfire disaster area relates, and
 (ii)ending on the date on which such trade or business has resumed significant operations at such principal place of employment.
						Such term shall include wages paid without regard to whether the employee performs no services,
			 performs services at a different place of employment than such principal
			 place of employment, or performs services at such principal place of
 employment before significant operations have resumed.(3)Certain rules to applyFor purposes of this subsection, rules similar to the rules of sections 51(i)(1), 52, and 280C(a), of the Internal Revenue Code of 1986, shall apply.
 (4)Employee not taken into account more than onceAn employee shall not be treated as an eligible employee for purposes of this subsection for any period with respect to any employer if such employer is allowed a credit under section 51 of the Internal Revenue Code of 1986 with respect to such employee for such period.
				5.Additional disaster-related tax relief provisions
			(a)Temporary suspension of limitations on charitable contributions
 (1)In generalExcept as otherwise provided in paragraph (2), subsection (b) of section 170 of the Internal Revenue Code of 1986 shall not apply to qualified contributions and such contributions shall not be taken into account for purposes of applying subsections (b) and (d) of such section to other contributions.
 (2)Treatment of excess contributionsFor purposes of section 170 of the Internal Revenue Code of 1986— (A)IndividualsIn the case of an individual—
 (i)LimitationAny qualified contribution shall be allowed only to the extent that the aggregate of such contributions does not exceed the excess of the taxpayer's contribution base (as defined in subparagraph (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)CarryoverIf 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 the portion of subparagraph (A) of such section which precedes clause (i) thereof for purposes of applying such section.
 (B)CorporationsIn the case of a corporation— (i)LimitationAny qualified contribution shall be allowed only to the extent that the aggregate of such contributions does not exceed the excess of the taxpayer’s taxable income (as determined under paragraph (2) of section 170(b) of such Code) over the amount of all other charitable contributions allowed under such paragraph.
 (ii)CarryoverRules similar to the rules of subparagraph (A)(ii) shall apply for purposes of this subparagraph. (3)Qualified contributions (A)In generalFor 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 July 23, 2018, and ending on December 31, 2018, in cash to an organization described in section 170(b)(1)(A) of such Code, and
 (II)is made for relief efforts in the Hurricane Florence disaster area, the Hurricane Michael disaster area, the Mendocino and Carr wildfire disaster area, or the Camp, Woolsey, and Hill wildfire disaster area,
 (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)ExceptionSuch 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 corporationsIn 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 generalIf 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 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 lossFor 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 lossesFor purposes of this subsection, the term qualified disaster-related personal casualty losses means— (A)losses described in section 165(c)(3) of the Internal Revenue Code of 1986 which arise in the Hurricane Florence disaster area on or after September 7, 2018, and which are attributable to Hurricane Florence,
 (B)losses described in section 165(c)(3) of the Internal Revenue Code of 1986 which arise in the Hurricane Michael disaster area on or after October 7, 2018, and which are attributable to Hurricane Michael,
 (C)losses described in section 165(c)(3) of the Internal Revenue Code of 1986 which arise in the Mendocino and Carr wildfire disaster area on or after July 23, 2018, and which are attributable to the wildfires to which the declaration of such area relates, and
 (D)losses described in section 165(c)(3) of the Internal Revenue Code of 1986 which arise in the Camp, Woolsey, and Hill wildfire disaster area on or after November 8, 2018, and which are attributable to the wildfires to which the declaration of such area relates.
					(c)Special rule for determining earned income
 (1)In generalIn 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 individualFor purposes of this subsection— (A)In generalThe term qualified individual means any qualified Hurricane Florence individual, any qualified Hurricane Michael individual, any qualified Mendocino and Carr individual, and any qualified Camp, Woolsey, and Hill individual.
 (B)Qualified Hurricane Florence individualThe term qualified Hurricane Florence individual means any individual whose principal place of abode on September 7, 2018, was located— (i)in the Hurricane Florence disaster zone, or
 (ii)in the Hurricane Florence disaster area (but outside the Hurricane Florence disaster zone) and such individual was displaced from such principal place of abode by reason of Hurricane Florence.
 (C)Qualified Hurricane Michael individualThe term qualified Hurricane Michael individual means any individual whose principal place of abode on October 7, 2018, was located— (i)in the Hurricane Michael disaster zone, or
 (ii)in the Hurricane Michael disaster area (but outside the Hurricane Michael disaster zone) and such individual was displaced from such principal place of abode by reason of Hurricane Michael.
 (D)Qualified Mendocino and Carr individualThe term qualified Mendocino and Carr individual means any individual whose principal place of abode during any portion of the period from July 23, 2018, to September 19, 2018, was located—
 (i)in the Mendocino and Carr wildfire disaster zone, or (ii)in the Mendocino and Carr wildfire disaster area (but outside the Mendocino and Carr wildfire disaster zone) and such individual was displaced from such principal place of abode by reason of the wildfires to which the declaration of such area relates.
 (E)Qualified Camp, Woolsey, and Hill individualThe term qualified Camp, Woolsey, and Hill individual means any individual whose principal place of abode during any portion of the period from November 8, 2018, to December 15, 2018, was located—
 (i)in the Camp, Woolsey, and Hill wildfire disaster zone, or (ii)in the Camp, Woolsey, and Hill wildfire disaster area (but outside the Camp, Woolsey, and Hill disaster zone) and such individual was displaced from such principal place of abode by reason of the wildfires to which the declaration of such area relates.
 (3)Applicable taxable yearThe term applicable taxable year means the taxable year which includes— (A)in the case of a qualified Hurricane Florence individual, September 7, 2018,
 (B)in the case of a qualified Hurricane Michael individual, October 7, 2018, (C)in the case of a qualified Mendocino and Carr individual, any portion of the period from July 23, 2018, to September 19, 2018, and
 (D)in the case of a qualified Camp, Woolsey, and Hill individual, any portion of the period from November 8, 2018, to December 15, 2018.
 (4)Earned incomeFor 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 returnsFor 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 electionAny 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 errorFor 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, etcExcept as otherwise provided in this subsection, the Internal Revenue Code of 1986 shall be applied without regard to any substitution under paragraph (1).