		I
		112th CONGRESS
		2d Session
		H. R. 4259
		IN THE HOUSE OF REPRESENTATIVES

			March 26, 2012
			Mr. Lankford (for
			 himself, Mr. Issa,
			 Mr. Cummings,
			 Mr. Connolly of Virginia, and
			 Mr. Smith of New Jersey) introduced
			 the following bill; which was referred to the
			 Committee on Foreign
			 Affairs, and in addition to the Committee on the
			 Judiciary, 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
			 concerned

		A BILL
		To prevent human trafficking in government
		  contracting.

		1.Short titleThis Act may be cited as the
			 End Trafficking in Government
			 Contracting Act of 2012.
		2.DefinitionsIn this Act:
			(1)Executive
			 agencyThe term executive agency has the meaning
			 given the term in section 133 of title 41, United States Code.
			(2)SubcontractorThe
			 term subcontractor means a recipient of a contract at any tier
			 under a grant, contract, or cooperative agreement.
			(3)SubgranteeThe
			 term subgrantee means a recipient of a grant at any tier under a
			 grant or cooperative agreement.
			(4)United
			 StatesThe term United States has the meaning
			 provided in section 103(12) of the Trafficking Victims Protection Act of 2000
			 (22 U.S.C. 7102(12)).
			3.Contracting
			 requirementsSection 106(g)
			 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)) is
			 amended by striking if the grantee or any subgrantee, and all
			 that follows through the period at the end and inserting the following: “or
			 take any of the other remedial actions authorized under section 5(c) of the End
			 Trafficking in Government Contracting Act of 2012, if the grantee or any
			 subgrantee, or the contractor or any subcontractor, engages in, or uses labor
			 recruiters, brokers, or other agents who engage in, (i) severe forms of
			 trafficking in persons, (ii) the procurement of a commercial sex act during the
			 period of time that the grant, contract, or cooperative agreement is in effect,
			 (iii) the use of forced labor in the performance of the grant, contract, or
			 cooperative agreement, or (iv) acts that directly support or advance
			 trafficking in persons, including the following acts:

				(1)Destroying,
				concealing, removing, or confiscating an employee’s immigration documents
				without the employee’s consent.
				(2)Failing to
				repatriate an employee upon the end of employment, unless—
					(A)exempted from the duty to repatriate the
				employee by the Federal department or agency providing or entering into the
				grant, contract, or cooperative agreement; or
					(B)the employee is a
				victim of human trafficking seeking victim services or legal redress in the
				country of employment or a witness in a human trafficking enforcement
				action.
					(3)Soliciting a person for the purpose of
				employment, or offering employment, by means of materially false or fraudulent
				pretenses, representations, or promises regarding that employment.
				(4)Charging recruited
				employees exorbitant placement fees, including fees equal to or greater than
				the employee’s monthly salary, or recruitment fees that violate the laws of the
				country from which an employee is recruited.
				(5)Providing inhumane
				living
				conditions.
				.
		4.Compliance plan
			 and certification requirement
			(a)RequirementThe head of an executive agency may not
			 provide or enter into a grant, contract, or cooperative agreement valued at
			 $1,000,000 or more if performance will predominantly be conducted overseas,
			 unless a duly designated representative of the recipient of such grant,
			 contract, or cooperative agreement certifies to the contracting or grant
			 officer prior to receiving an award and on an annual basis thereafter, after
			 having conducted due diligence, that—
				(1)the recipient has
			 implemented a plan to prevent the activities described in section 106(g) of the
			 Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by
			 section 3, and is in compliance with that plan;
				(2)the recipient has
			 implemented procedures to prevent any activities described in such section
			 106(g) and to monitor, detect, and terminate any subcontractor, subgrantee, or
			 employee of the recipient found to be engaged in any activities described in
			 such section; and
				(3)to the best of the
			 representative’s knowledge, neither the recipient, nor any subcontractor or
			 subgrantee of the recipient or any agent of the recipient or of such a
			 subcontractor or subgrantee, is engaged in any of the activities described in
			 such section.
				(b)LimitationAny plan or procedures implemented pursuant
			 to subsection (a) shall be appropriate to the size and complexity of the grant,
			 contract, or cooperative agreement and to the nature and scope of its
			 activities, including the number of non-United States citizens expected to be
			 employed.
			(c)DisclosureThe recipient shall provide a copy of the
			 plan to the contracting or grant officer upon request, and, as appropriate,
			 shall post the useful and relevant contents of the plan or related materials on
			 its website and at the workplace.
			(d)Performance
			 predominately overseasFor purposes of subsection (a), a grant,
			 contract, or cooperative agreement shall be considered to be performed
			 predominantly overseas if the estimated value of the services required to be
			 performed under the grant, contract, or cooperative agreement outside the
			 United States exceeds $500,000.
			5.Monitoring and
			 investigation of trafficking in persons
			(a)InvestigationIf
			 the contracting or grant officer of an executive agency for a grant, contract,
			 or cooperative agreement receives credible evidence that a recipient of the
			 grant, contract, or cooperative agreement; any subgrantee or subcontractor of
			 the recipient; or any agent of the recipient or of such a subgrantee or
			 subcontractor, has engaged in an activity described in section 106(g) of the
			 Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by
			 section 3, including a report from a contracting officer representative, an
			 inspector general, an auditor, an alleged victim or victim’s representative, or
			 any other credible source, the contracting or grant officer shall, before
			 exercising any option to renew such grant, contract, or cooperative agreement,
			 request that the agency’s Office of Inspector General immediately initiate an
			 investigation of the allegation or allegations contained in the report. If the
			 agency’s Office of Inspector General is unable to conduct a timely
			 investigation, the suspension and debarment office or another investigative
			 unit of the agency shall conduct the investigation.
			(b)ReportUpon completion of an investigation under
			 subsection (a), the office or unit that conducted the investigation shall
			 submit to the contracting or grant officer and, if such investigation was not
			 conducted by the agency’s Office of Inspector General, to the agency’s Office
			 of Inspector General, a report on the investigation, including conclusions
			 about whether credible evidence exists that the recipient of a grant, contract,
			 or cooperative agreement; any subcontractor or subgrantee of the recipient; or
			 any agent of the recipient or of such a subcontractor or subgrantee, engaged in
			 any of the activities described in section 106(g) of the Trafficking Victims
			 Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by section 3.
			(c)Remedial
			 actions
				(1)In
			 generalIf a contracting or
			 grant official determines that a recipient of a grant, contract, or cooperative
			 agreement, or any subcontractor or subgrantee of the recipient, has engaged in
			 any of the activities described in such section 106(g), the contracting or
			 grant officer shall consider taking one or more of the following remedial
			 actions:
					(A)Requiring the
			 recipient to remove an employee from the performance of work under the grant,
			 contract, or cooperative agreement.
					(B)Requiring the
			 recipient to terminate a subcontract or subgrant.
					(C)Suspending
			 payments under the grant, contract, or cooperative agreement.
					(D)Withholding award
			 fees, consistent with the award fee plan, for the performance period in which
			 the agency determined the contractor or subcontractor engaged in any of the
			 activities described in such section 106(g).
					(E)Declining to
			 exercise available options under the contract.
					(F)Terminating the
			 contract for default or cause, in accordance with the termination clause for
			 the contract.
					(G)Referring the matter to the agency
			 suspension and debarment official.
					(H)Referring the
			 matter to the Department of Justice for prosecution under any applicable
			 law.
					(2)Savings
			 clauseNothing in this subsection shall be construed as limiting
			 the scope of applicable remedies available to the Federal Government.
				(3)Mitigating
			 factorWhere applicable, the
			 contracting or grant official may consider whether the contractor or grantee
			 had a plan in place under section 4, and was in compliance with that plan at
			 the time of the violation, as a mitigating factor in determining which
			 remedies, if any, should apply.
				(d)Inclusion of
			 report conclusions in FAPIISThe contracting or grant officer
			 shall ensure that relevant findings contained in the report under subsection
			 (b) are included in the Federal Awardee Performance and Integrity Information
			 System (FAPIIS). These findings shall be considered relevant past performance
			 data for the purpose of awarding future contracts, grants, or cooperative
			 agreements.
			6.Notification to
			 inspectors general and cooperation with GovernmentThe
			 head of an executive agency making or awarding a grant, contract, or
			 cooperative agreement shall require that the recipient of the grant, contract,
			 or cooperative agreement—
			(1)immediately inform
			 the Inspector General of the executive agency of any information it receives
			 from any source that alleges credible evidence that the recipient; any
			 subcontractor or subgrantee of the recipient; or any agent of the recipient or
			 of such a subcontractor or subgrantee, has engaged in conduct described in
			 section 106(g) of the Trafficking in Victims Protection Act of 2000 (22 U.S.C.
			 7104(g)), as amended by section 3 of this Act; and
			(2)fully cooperate
			 with any Federal agencies responsible for audits, investigations, or corrective
			 actions relating to trafficking in persons.
			7.Expansion of
			 fraud in foreign labor contracting to include work outside the United
			 StatesSection 1351 of title
			 18, United States Code, is amended—
			(1)by striking
			 Whoever knowingly and inserting (a)
			 Work Inside the United
			 States.—Whoever knowingly; and
			(2)by adding at the
			 end the following new subsection:

					(b)Work outside the
				United StatesWhoever knowingly and with intent to defraud
				recruits, solicits, or hires a person outside the United States or causes
				another person to recruit, solicit, or hire a person outside the United States,
				or attempts to do so, for purposes of work performed on a United States
				Government contract performed outside the United States, or on a United States
				military installation or mission or other property or premises owned or
				controlled by the United States Government, by means of materially false or
				fraudulent pretenses, representations, or promises regarding that employment,
				shall be fined under this title or imprisoned for not more than 5 years, or
				both.
					.
			8.Improving
			 Department of Defense accountability for reporting trafficking in persons
			 claims and violationsSection
			 105(d)(7)(H) of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
			 7103(d)(7)(H)) is amended—
			(1)in clause (ii), by
			 striking and at the end;
			(2)by redesignating
			 clause (iii) as clause (iv);
			(3)by inserting after
			 clause (ii) the following new clause:

					(iii)all known
				trafficking in persons cases reported to the Under Secretary of Defense for
				Personnel and
				Readiness;
					;
			(4)in clause (iv), as
			 redesignated by paragraph (2), by inserting and at the end after
			 the semicolon; and
			(5)by adding at the
			 end the following new clause:

					(v)all trafficking in
				persons activities of contractors reported to the Under Secretary of Defense
				for Acquisition, Technology, and
				Logistics;
					.
			9.Rule of
			 constructionExcluding section
			 7, nothing in this Act shall be construed to supersede, enlarge, or diminish
			 the common law or statutory liabilities of any grantee, subgrantee, contractor,
			 subcontractor, or other party covered by section 106(g) of the Trafficking
			 Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by section 3.


		II
		111th CONGRESS
		2d Session
		S. 3825
		IN THE SENATE OF THE UNITED
		  STATES

			September 22, 2010
			Mr. Risch (for himself
			 and Mr. Crapo) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Environment and Public
			 Works

		A BILL
		To amend the Endangered Species Act of 1973
		  to remove certain portions of the distinct population segment of the Rocky
		  Mountain gray wolf from the list of threatened species or the list of
		  endangered species published under the Endangered Species Act of 1973, and for
		  other purposes.

		1.Short titleThis Act may be cited as the
			 State Wolf Management
			 Act.
		2.Status of Rocky Mountain gray wolf as
			 endangered or threatened speciesSection 4 of the Endangered Species Act of
			 1973 (16 U.S.C. 1533) is amended by adding at the end the following:

				(j)Status of Rocky Mountain gray wolf as
				endangered or threatened species
					(1)Definition of covered rocky mountain gray
				wolfIn this subsection, the
				term covered Rocky Mountain gray wolf means the portion of the
				distinct population segment of the Rocky Mountain gray wolf that is located
				in—
						(A)the portion of the State of Washington that
				is located—
							(i)east of the centerline of Highway 97 and
				Highway 17, north of Mesa; and
							(ii)east of the centerline of Highway 395,
				south of Mesa;
							(B)the portion of the State of Oregon that is
				located—
							(i)east of the centerline of Highway 395 and
				Highway 78, north of Burns Junction; and
							(ii)east of the centerline of Highway 95, south
				of Burns Junction;
							(C)the portion of the State of Utah that is
				located east of the centerline of Highway 84 and north of Highway 80;
						(D)the entire State of Idaho; and
						(E)the entire State of Montana.
						(2)Status of covered Rocky Mountain gray
				wolf
						(A)In generalThe inclusion of the covered Rocky Mountain
				gray wolf on any list of endangered or threatened species under subsection (c)
				shall have no force or effect.
						(B)State management plansNotwithstanding any other provision of law
				and effective beginning on the date that is 5 years after the date of enactment
				of this subsection, the Secretary may initiate a process to include the Rocky
				Mountain gray wolf on a list of endangered or threatened species pursuant to
				subsection (c) if the Secretary certifies to Congress that a State, by and
				through the management plan of the State, has not provided for the maintenance
				within the State of not less than 10 breeding pairs and an aggregate of 100
				Rocky Mountain gray
				wolves.
						.


		I
		112th CONGRESS
		1st Session
		H. R. 2403
		IN THE HOUSE OF REPRESENTATIVES

			June 24, 2011
			Mr. Welch (for
			 himself and Mr. Gibson) introduced the
			 following bill; which was referred to the Committee on Armed Services

		A BILL
		To authorize the Secretary of Defense to provide
		  assistance to State National Guards to provide counseling and reintegration
		  services for members of reserve components of the Armed Forces ordered to
		  active duty in support of a contingency operation, members returning from such
		  active duty, veterans of the Armed Forces, and their families.

		1.Short titleThis Act may be cited as the
			 National Guard Outreach
			 Act.
		2.Support for
			 National Guard counseling and reintegration services
			(a)Assistance
			 authorizedThe Secretary of
			 Defense may provide assistance to a State National Guard to support programs to
			 provide pre- and post-deployment outreach, reintegration, and readjustment
			 services to the following persons:
				(1)Members of reserve components of the Armed
			 Forces who reside in the State or are members of the State National Guard
			 regardless of place of residence and who are ordered to active duty in support
			 of a contingency operation.
				(2)Members described
			 in paragraph (1) upon their return from such active duty.
				(3)Veterans (as
			 defined in section 101(2) of title 38, United States Code).
				(4)Dependents of
			 persons described in paragraph (1), (2), or (3).
				(b)Elements of
			 programsPrograms supported under subsection (a) shall use direct
			 person-to-person outreach and other relevant activities to ensure that eligible
			 persons receive all the services and support available to them during
			 pre-deployment, deployment, and reintegration periods.
			(c)Merit-Based or
			 competitive decisionsA
			 decision to commit, obligate, or expend funds with or to a specific State
			 National Guard under subsection (a) shall—
				(1)be based on
			 merit-based selection procedures in accordance with the requirements of
			 sections 2304(k) and 2374 of title 10, United States Code, or on competitive
			 procedures; and
				(2)comply with other
			 applicable provisions of law.
				(d)State
			 definedIn this section, the
			 term State means each of the several States, the Commonwealth of
			 Puerto Rico, the District of Columbia, Guam, and the Virgin Islands.


115 HR 1071 IH: Assistance, Quality, and Affordability Act of 2017
U.S. House of Representatives
2017-02-15
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 CONGRESS1st SessionH. R. 1071IN THE HOUSE OF REPRESENTATIVESFebruary 15, 2017Mr. Tonko (for himself, Mr. Pallone, Ms. Matsui, Ms. Norton, Mr. Blumenauer, Mr. Cárdenas, Mr. Sarbanes, Mrs. Dingell, Mr. McNerney, Ms. Eshoo, Mr. Gene Green of Texas, Mr. Michael F. Doyle of Pennsylvania, Ms. Schakowsky, Mr. Peters, Mr. Welch, Ms. DeGette, and Ms. Castor of Florida) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Safe Drinking Water Act to increase assistance for States, water systems, and
			 disadvantaged communities; to encourage good financial and environmental
			 management of water systems; and to strengthen the Environmental
			 Protection
			 Agency’s ability to enforce the requirements of the Act, and for other
			 purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Assistance, Quality, and Affordability Act of 2017. (b)Table of contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Prevailing wages.
					Sec. 3. Use of funds.
					Sec. 4. Requirements for use of American materials.
					Sec. 5. Data on variances, exemptions, and persistent violations.
					Sec. 6. Assistance for restructuring.
					Sec. 7. Priority and weight of applications.
					Sec. 8. Disadvantaged communities.
					Sec. 9. Administration of State loan funds.
					Sec. 10. State revolving loan funds for American Samoa, Northern Mariana Islands, Guam, and the
			 Virgin Islands.
					Sec. 11. Authorization of appropriations.
					Sec. 12. Affordability of new standards.
					Sec. 13. Focus on lifecycle costs.
					Sec. 14. Streamlining reporting and enforcement.
					Sec. 15. Presence of pharmaceuticals and personal care products in sources of drinking water.
					Sec. 16. Best practices for administration of State revolving loan fund programs.
					Sec. 17. Water loss and leak control technology.
					Sec. 18. Risks of drought to drinking water.
					Sec. 19. Reducing lead in drinking water.

 2.Prevailing wagesSubsection (e) of section 1450 of the Safe Drinking Water Act (42 U.S.C. 300j–9) is amended to read as follows:

				(e)Labor standards
 (1)In generalThe Administrator shall take such action as the Administrator determines to be necessary to ensure that each laborer and mechanic employed by a contractor or subcontractor in connection with a construction project financed, in whole or in part, by a grant, loan, loan guarantee, refinancing, or any other form of financial assistance provided under this title (including assistance provided by a State loan fund established under section 1452) is paid wages at a rate of not less than the prevailing wages for the same type of work on similar construction in the immediate locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code.
 (2)Authority of Secretary of LaborWith respect to the labor standards specified in this subsection, the Secretary of Labor shall have the authority and functions established in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40, United States Code..
 3.Use of fundsSection 1452(a)(2)(B) of the Safe Drinking Water Act (42 U.S.C. 300j–12(a)(2)(B)) is amended by striking (including expenditures for planning, design, and associated preconstruction activities, including activities relating to the siting of the facility, but not and inserting (including expenditures for planning, design, siting, and associated preconstruction activities, for replacing or rehabilitating aging treatment, storage, or distribution facilities of public water systems, or for producing or capturing sustainable energy on site or through the transportation of water through the public water system, but not.
 4.Requirements for use of American materialsSection 1452(a)(4) of the Safe Drinking Water Act (42 U.S.C. 300j–12(a)(4)) is amended— (1)in subparagraph (A), by striking During fiscal year 2017, funds and inserting Funds; and
 (2)by striking subparagraph (G). 5.Data on variances, exemptions, and persistent violationsSection 1452(b)(2) of the Safe Drinking Water Act (42 U.S.C. 300j–12(b)(2)) is amended—
 (1)in subparagraph (B), by striking and at the end; (2)in subparagraph (C), by striking the period at the end and inserting ; and; and
 (3)by adding at the end the following:  (D)a list of all public water systems within the State that have in effect an exemption or variance for any national primary drinking water regulation or that are in persistent violation of the requirements for any maximum contaminant level or treatment technique under a national primary drinking water regulation, including identification of—
 (i)the national primary drinking water regulation in question for each such exemption, variance, or violation; and
 (ii)the date on which the exemption or variance came into effect or the violation began.. 6.Assistance for restructuring (a)DefinitionSection 1401 of the Safe Drinking Water Act (42 U.S.C. 300f) is amended by adding at the end the following:

 (17)RestructuringThe term restructuring means changes in operations (including ownership, management, cooperative partnerships, joint purchasing arrangements, consolidation, and alternative water supply)..
 (b)RestructuringClause (ii) of section 1452(a)(3)(B) (42 U.S.C. 300j–12(a)(3)(B)) is amended by striking changes in operations (including ownership, management, accounting, rates, maintenance, consolidation, alternative water supply, or other procedures) and inserting restructuring.
			7.Priority and weight of applications
 (a)PrioritySection 1452(b)(3) of the Safe Drinking Water Act (42 U.S.C. 300j–12(b)(3)) is amended— (1)in subparagraph (A)—
 (A)in clause (ii), by striking and at the end; (B)in clause (iii), by striking the period at the end and inserting ; and; and
 (C)by adding at the end the following:  (iv)improve the ability of public water systems to protect human health and comply with the requirements of this title affordably in the future.;
 (2)by redesignating subparagraph (B) as subparagraph (D); (3)by inserting after subparagraph (A) the following:

 (B)Affordability of new standardsFor any year in which enforcement begins for a new national primary drinking water regulation, each State that has entered into a capitalization agreement pursuant to this section shall evaluate whether capital improvements required to meet the standard are affordable for disadvantaged communities (as defined in subsection (d)(3)) in the State. If the State finds that such capital improvements do not meet affordability criteria for disadvantaged communities in the State, the State’s intended use plan shall provide that priority for the use of funds for such year be given to public water systems affected by the standard and serving disadvantaged communities.
 (C)Weight given to applicationsAfter determining priority under subparagraphs (A) and (B), an intended use plan shall provide that the State will give greater weight to an application for assistance if the application contains—
 (i)a description of measures undertaken by the public water system to improve the management and financial stability of the public water system, which may include—
 (I)an inventory of assets, including a description of the condition of the assets; (II)a schedule for replacement of assets;
 (III)an audit of water losses; (IV)a financing plan that factors in all lifecycle costs indicating sources of revenue from ratepayers, grants, bonds, other loans, and other sources to meet the costs; and
 (V)a review of options for restructuring; (ii)a demonstration of consistency with State, regional, and municipal watershed plans;
 (iii)a water conservation plan consistent with guidelines developed for such plans by the Administrator under section 1455(a); and
 (iv)a description of measures undertaken by the public water system to improve the efficiency of the public water system or reduce the public water system’s environmental impact, which may include—
 (I)water efficiency or conservation, including the rehabilitation or replacement of existing leaking pipes;
 (II)use of reclaimed water; (III)actions to increase energy efficiency;
 (IV)actions to generate or capture sustainable energy on site or through the transportation of water through the public water system;
 (V)actions to protect source water; (VI)actions to mitigate or prevent corrosion, including design, selection of materials, selection of coating, and cathodic protection; and
 (VII)actions to reduce disinfection byproducts.; and (4)in subparagraph (D) (as redesignated by paragraph (2)) by striking periodically and inserting at least biennially.
 (b)GuidanceSection 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) is amended— (1)by redesignating subsection (r) as subsection (t); and
 (2)by inserting after subsection (q) the following:  (r)Small system guidanceThe Administrator may provide guidance and, as appropriate, tools, methodologies, or computer software, to assist small public water systems in undertaking measures to improve the management, financial stability, and efficiency of the public water system or reduce the public water system’s environmental impact..
				8.Disadvantaged communities
 (a)Assistance To increase complianceSection 1452(b)(3) of the Safe Drinking Water Act (42 U.S.C. 300j–12(b)(3)), as amended, is further amended by adding at the end the following:

 (E)Assistance to increase complianceA State’s intended use plan shall provide that, of the funds received by the State through a capitalization grant under this section for a fiscal year, the State will, to the extent that there are sufficient eligible project applications, reserve not less than 6 percent to be spent on assistance under subsection (d) to public water systems included in the State’s most recent list under paragraph (2)(D)..
 (b)Assistance for disadvantaged communitiesSection 1452(d) of the Safe Drinking Water Act (42 U.S.C. 300j–12(d)) is amended— (1)in paragraph (1), by adding at the end the following: Such additional subsidization shall directly and primarily benefit such community.; and
 (2)in paragraph (3), by inserting , or portion of a service area, after service area. (c)Affordability criteriaSection 1452(d)(3) of the Safe Drinking Water Act (42 U.S.C. 300j–12(d)(3)) is amended by adding at the end:

 Each State that has entered into a capitalization agreement pursuant to this section shall, in establishing affordability criteria, consider, solicit public comment on, and include as appropriate—(A)the methods or criteria that the State will use to identify disadvantaged communities; (B)a description of the institutional, regulatory, financial, tax, or legal factors at the Federal, State, or local level that affect identified affordability criteria; and
 (C)a description of how the State will use the authorities and resources under this subsection to assist communities meeting the identified criteria..
 9.Administration of State loan fundsSection 1452(g) of the Safe Drinking Water Act (42 U.S.C. 300j–12(g)) is amended by adding at the end the following new paragraph:

				(5)Transfer of funds
 (A)In generalThe Governor of a State may— (i)reserve for any fiscal year not more than the lesser of—
 (I)33 percent of a capitalization grant made under this section; or (II)33 percent of a capitalization grant made under section 601 of the Federal Water Pollution Control Act; and
 (ii)add the funds so reserved to any funds provided to the State under this section or section 601 of the Federal Water Pollution Control Act.
 (B)State matching fundsFunds reserved under this paragraph shall not be considered for purposes of calculating the amount of a State contribution required by subsection (e) of this section or section 602(b) of the Federal Water Pollution Control Act..
		10.State revolving loan funds for American Samoa, Northern Mariana Islands, Guam, and the Virgin
 IslandsSection 1452(j) of the Safe Drinking Water Act (42 U.S.C. 300j–12(j)) is amended by striking 0.33 percent and inserting 1.5 percent. 11.Authorization of appropriationsSubsection (m) of section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) is amended to read as follows:

				(m)Authorization of Appropriations
 (1)In generalThere are authorized to be appropriated to carry out this section— (A)$3,130,000,000 for fiscal year 2018;
 (B)$3,600,000,000 for fiscal year 2019; (C)$4,140,000,000 for fiscal year 2020;
 (D)$4,800,000,000 for fiscal year 2021; and (E)$5,500,000,000 for fiscal year 2022.
 (2)AvailabilityAmounts made available pursuant to this subsection shall remain available until expended. (3)Reservation for needs surveysOf the amount made available under paragraph (1) to carry out this section for a fiscal year, the Administrator may reserve not more than $1,000,000 per year to pay the costs of conducting needs surveys under subsection (h)..
		12.Affordability of new standards
 (a)Treatment technologies for small public water systemsClause (ii) of section 1412(b)(4)(E) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(4)(E)) is amended by adding at the end the following: If no technology, treatment technique, or other means is included in a list under this subparagraph for a category of small public water systems, the Administrator shall periodically review the list and supplement it when new technology becomes available..
			(b)Assistance for disadvantaged communities
 (1)In generalSubparagraph (E) of section 1452(a)(1) of the Safe Drinking Water Act (42 U.S.C. 300j–12(a)(1)) is amended—
 (A)by striking except that the Administrator may reserve and inserting  except that—(i)in any year in which enforcement of a new national primary drinking water regulation begins, the Administrator may use the remaining amount to make grants to States whose public water systems are disproportionately affected by the new regulation for the provision of assistance under subsection (d) to such public water systems;
 (ii)the Administrator may reserve; and (B)by striking and none of the funds reallotted and inserting

 ; and(iii)none of the funds reallotted. (2)Elimination of certain provisions (A)Section 1412(b) (42 U.S.C. 300g–1(b)) of the Safe Drinking Water Act is amended by striking paragraph (15).
 (B)Section 1415 (42 U.S.C. 300g–4) of the Safe Drinking Water Act is amended by striking subsection (e).
					(3)Conforming amendments
 (A)Subparagraph (B) of section 1414(c)(1) of the Safe Drinking Water Act (42 U.S.C. 300g–3(c)(1)(B)) is amended by striking , (a)(2), or (e) and inserting or (a)(2).
 (B)Section 1416(b)(2) of the Safe Drinking Water Act (42 U.S.C. 300g–5(b)(2)) is amended by striking subparagraph (D).
 (C)Section 1445(h) of the Safe Drinking Water Act (42 U.S.C. 300j–4(h)) is amended— (i)by striking sections 1412(b)(4)(E) and 1415(e) (relating to small system variance program and inserting section 1412(b)(4)(E); and
 (ii)by striking guidance under sections 1412(b)(4)(E) and 1415(e) and inserting guidance under section 1412(b)(4)(E). 13.Focus on lifecycle costsSection 1412(b)(4) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(4)) is amended—
 (1)in subparagraph (D), by striking taking cost into consideration and inserting taking lifecycle costs, including maintenance, replacement, and avoided costs, into consideration; and (2)in subparagraph (E)(ii), in the matter preceding subclause (I), by inserting taking lifecycle costs, including maintenance, replacement, and avoided costs, into consideration, after as determined by the Administrator in consultation with the States,.
			14.Streamlining reporting and enforcement
			(a)Enforcement
 (1)Advice and technical assistanceSection 1414(a)(1) of the Safe Drinking Water Act (42 U.S.C. 300g–3(a)(1)) is amended— (A)in subparagraph (A), in the matter following clause (ii), by striking and provide such advice and technical assistance to such State and public water system as may be appropriate to bring the system into compliance with the requirement by the earliest feasible time; and
 (B)by adding at the end the following:  (C)At any time after providing notice of a violation to a State and public water system under subparagraph (A), the Administrator may provide such advice and technical assistance to such State and public water system as may be appropriate to bring the system into compliance with the requirement by the earliest feasible time. In deciding whether the provision of advice or technical assistance is appropriate, the Administrator may consider the potential for the violation to result in serious adverse effects to human health, whether the violation has occurred continuously or frequently, and the effectiveness of past technical assistance efforts..
					(2)Additional inspections
 (A)In generalSection 1414 of the Safe Drinking Water Act (42 U.S.C. 300g–3) is amended— (i)by redesignating subsections (d) through (i) as subsections (e) through (j), respectively; and
 (ii)by inserting after subsection (c) the following:  (d)Additional inspections following violations (1)In generalThe Administrator shall, by regulation, and after consultation with the States, prescribe the number, frequency, and type of additional inspections to follow any violation requiring notice under subsection (c). Regulations under this subsection shall—
 (A)take into account— (i)differences between violations that are intermittent or infrequent and violations that are continuous or frequent;
 (ii)the seriousness of any potential adverse health effects that may be involved; and (iii)the number and severity of past violations by the public water system; and
 (B)specify procedures for inspections following a violation by a public water system that has the potential to have serious adverse effects on human health as a result of short-term exposure.
 (2)State primary enforcement responsibilityNothing in this subsection shall be construed or applied to modify the requirements of section 1413..
						(B)Conforming amendments
 (i)Subsections (a)(1)(B), (a)(2)(A), and (b) of section 1414 of the Safe Drinking Water Act (42 U.S.C. 300g–3) are amended by striking subsection (g) each place it appears and inserting subsection (h).
 (ii)Section 1448(a) of the Safe Drinking Water Act (42 U.S.C. 300j–7(a)) is amended by striking 1414(g)(3)(B) and inserting 1414(h)(3)(B). (b)Electronic reporting of compliance monitoring data to the Administrator (1)RequirementSection 1414 of the Safe Drinking Water Act (42 U.S.C. 300g–3), as amended, is further amended by adding at the end the following:

 (k)Electronic reporting of compliance monitoring data to the AdministratorThe Administrator shall by rule establish requirements for— (1)electronic submission by public water systems of all compliance monitoring data—
 (A)to the Administrator; or (B)with respect to public water systems in a State which has primary enforcement responsibility under section 1413, to such State; and
 (2)electronic submission to the Administrator by each State which has primary enforcement responsibility under section 1413 of all compliance monitoring data submitted to such State by public water systems pursuant to paragraph (1)(B)..
 (2)Final ruleNot later than 12 months after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall issue a final rule to carry out section 1414(k) of the Safe Drinking Water Act, as added by paragraph (1).
 15.Presence of pharmaceuticals and personal care products in sources of drinking waterSubsection (a) of section 1442 of the Safe Drinking Water Act (42 U.S.C. 300j–1) is amended by adding at the end the following:

				(11)Presence of pharmaceuticals and personal care products in sources of drinking water
 (A)StudyThe Administrator shall carry out a study on the presence of pharmaceuticals and personal care products in sources of drinking water, which shall—
 (i)identify pharmaceuticals and personal care products that have been detected in sources of drinking water and the levels at which such pharmaceuticals and personal care products have been detected;
 (ii)identify the sources of pharmaceuticals and personal care products in sources of drinking water, including point sources and nonpoint sources of pharmaceutical and personal care products;
 (iii)identify the effects of such pharmaceuticals and personal care products on humans, the environment, and the safety of drinking water; and
 (iv)identify methods to control, limit, treat, or prevent the presence of such personal care pharmaceuticals and products.
 (B)ConsultationThe Administrator shall conduct the study described in subparagraph (A) in consultation with the Secretary of Health and Human Services (acting through the Commissioner of Food and Drugs), the Director of the United States Geological Survey, the heads of other appropriate Federal agencies (including the National Institute of Environmental Health Sciences), and other interested stakeholders (including manufacturers of pharmaceuticals and personal care products and consumer groups and advocates).
 (C)ReportNot later than 4 years after the date of the enactment of this paragraph, the Administrator shall submit to the Congress a report on the results of the study carried out under this paragraph.
 (D)DefinitionsIn this paragraph: (i)The term personal care product has the meaning given the term cosmetic in section 201 of the Federal Food, Drug, and Cosmetic Act.
 (ii)The term pharmaceutical has the meaning given the term drug in section 201 of the Federal Food, Drug, and Cosmetic Act.. 16.Best practices for administration of State revolving loan fund programsSection 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) is amended by inserting after subsection (r), as added by section 7(b), the following:

 (s)Best practices for program administrationThe Administrator shall— (1)collect information from States on administration of State programs with respect to State loan funds, including—
 (A)efforts to streamline the process for applying for assistance through such programs; (B)programs in place to assist with the completion of application forms;
 (C)incentives provided to systems that partner with small public water systems for the application process; and
 (D)techniques to ensure that obligated balances are liquidated in a timely fashion; (2)not later than 3 years after the date of enactment of the Assistance, Quality, and Affordability Act of 2017, disseminate to the States best practices for administration of such programs, based on the information collected pursuant to this subsection; and
 (3)periodically update such best practices, as appropriate.. 17.Water loss and leak control technologyPart E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by adding at the end the following:

 1459C.Water loss and leak control technologyThe Administrator shall— (1)not later than 5 years after the date of enactment of this section, develop criteria for effective water loss and leak control technology to be used by public water systems; and
 (2)implement a program through which a manufacturer of such technology may apply, on a voluntary basis, for certification of compliance with such criteria..
 18.Risks of drought to drinking waterPart E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is further amended by adding at the end the following new section:

				1459D.Drought risk assessment and management
					(a)Strategic plan
 (1)DevelopmentNot later than 90 days after the date of enactment of this section, the Administrator shall develop and submit to Congress a strategic plan for assessing and managing the risks of drought to drinking water provided by public water systems. The strategic plan shall include steps and timelines to—
 (A)evaluate the risks posed by drought to drinking water provided by public water systems; (B)compile a comprehensive list of the effects of drought on drinking water provided by public water systems which the Administrator determines may have an adverse effect on human health;
 (C)summarize— (i)the known adverse human health effects resulting from the effects of drought on drinking water included on the list established under subparagraph (B);
 (ii)factors that cause drought; and (iii)factors that exacerbate the effects of drought on drinking water provided by public water systems;
 (D)with respect to the effects of drought on drinking water included on the list compiled under subparagraph (B), determine whether to—
 (i)establish guidance regarding feasible analytical methods to quantify such effects; and (ii)establish guidance regarding the frequency of monitoring necessary to detect such effects;
 (E)recommend feasible treatment options, including procedures, equipment, and source water protection practices, to mitigate such effects; and
 (F)enter into cooperative agreements with, and provide technical assistance to, affected States and public water systems, as identified by the Administrator, for the purpose of managing risks associated with the effects of drought on drinking water.
 (2)UpdatesThe Administrator shall, as appropriate, update and submit to Congress the strategic plan developed under paragraph (1).
 (b)Information coordinationIn carrying out this section the Administrator shall— (1)identify gaps in the Agency’s understanding of the effects of drought on drinking water provided by public water systems, including—
 (A)the human health effects of drought; and (B)methods and means of testing and monitoring for the effects of drought on source water of, or drinking water provided by, public water systems;
 (2)as appropriate, consult with— (A)other Federal agencies that—
 (i)examine or analyze drought; or (ii)address public health concerns related to drought;
 (B)States; (C)operators of public water systems;
 (D)multinational agencies; (E)foreign governments;
 (F)research and academic institutions; and (G)companies that provide relevant drinking water treatment options; and
 (3)assemble and publish information from each Federal agency that has— (A)examined or analyzed drought; or
 (B)addressed public health concerns related to drought. (c)FeasibleFor purposes of this section, the term feasible has the meaning given such term in section 1412(b)(4)(D)..
 19.Reducing lead in drinking waterSection 1459B(d) of the Safe Drinking Water Act (42 U.S.C. 300j–19b(d)) is amended by striking $60,000,000 for each of fiscal years 2017 through 2021 and inserting $100,000,000 for each of fiscal years 2018 through 2022.


I
111th CONGRESS
1st Session
H. R. 793
IN THE HOUSE OF REPRESENTATIVES

February 3, 2009
Mr. Posey (for himself, Mr. Griffith, Mr. Pitts, Mr. Massa, Mr. Akin, Mrs. Bachmann, Mr. Barrett of South Carolina, Mr. Bartlett, Mr. Bishop of Utah, Mrs. Blackburn, Mr. Bonner, Mr. Boozman, Mr. Broun of Georgia, Mr. Burgess, Mr. Burton of Indiana, Mr. Cassidy, Mr. Culberson, Mr. Fortenberry, Ms. Foxx, Mr. Franks of Arizona, Mr. Gingrey of Georgia, Mr. Herger, Mr. Hunter, Mr. Jordan of Ohio, Mr. Lamborn, Mr. Lee of New York, Mr. Daniel E. Lungren of California, Mr. McClintock, Mr. Rooney, Mrs. Schmidt, Mr. Souder, and Mr. Tiahrt) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To amend the Internal Revenue Code of 1986 to make permanent the child tax credit and to allow for adjustments for inflation with respect to the child tax credit.

1.Short titleThis Act may be cited as the Child Tax Credit Preservation Act of 2009.
2.Modifications of child tax credit
(a)Repeal of sunsetTitle IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to sunset of provisions of such Act) shall not apply to—
(1)the amendments made by section 201 of such Act, and
(2)any amendments made to section 24 of the Internal Revenue Code of 1986 which are enacted after the date of the enactment of such Act.
(b)Adjustments for inflationSection 24 of the Internal Revenue Code of 1986 (relating to the child tax credit) is amended by adding at the end the following new subsection:

(g)Adjustments for inflation
(1)In generalIn the case of a taxable year beginning after December 31, 2008, the dollar amounts in subsection (a) and (b)(2) shall be increased by an amount equal to—
(A)such dollar amount, multiplied by
(B)the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2001 for calendar year 1992 in subparagraph (B) thereof.
(2)Rounding ruleIf a dollar amount in subsection (a) or (b)(2), as increased under paragraph (1), is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50..
(c)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2008.


115 HR 4397 IH: California Wildfire Disaster Tax Relief Act of 2017
U.S. House of Representatives
2017-11-15
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 CONGRESS1st SessionH. R. 4397IN THE HOUSE OF REPRESENTATIVESNovember 15, 2017Mrs. Mimi Walters of California (for herself, Mr. Thompson of California, Mr. McCarthy, Mr. LaMalfa, Mr. Royce of California, Mr. Denham, Mr. Calvert, Ms. Brownley of California, Mr. Bera, Ms. Lofgren, Mr. Huffman, Mr. Costa, Ms. Matsui, Mr. Garamendi, Ms. Speier, Ms. Lee, Mr. DeSaulnier, Ms. Eshoo, and Mr. Gomez) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on 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 tax relief with respect to California wildfires.

 1.Short titleThis Act may be cited as the California Wildfire Disaster Tax Relief Act of 2017. 2.DefinitionsFor purposes of this Act—
 (1)California wildfire disaster zoneThe term California wildfire disaster zone means that portion of the California 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 wildfires in California.
 (2)California wildfire disaster areaThe term California wildfire disaster area means an area with respect to which a major disaster has been declared by the President before November 15, 2017, under section 401 of such Act by reason of wildfires in California.
			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 wildfire 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 wildfire distributions for any taxable year shall not exceed the excess (if any) of—
 (i)$100,000, over (ii)the aggregate amounts treated as qualified wildfire 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 wildfire 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 wildfire 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.
					(3)Amount distributed may be repaid
 (A)In generalAny individual who receives a qualified wildfire 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 wildfire 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 wildfire 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 wildfire 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 wildfire 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 wildfire distributionExcept as provided in paragraph (2), the term qualified wildfire distribution means any distribution from an eligible retirement plan made on or after October 8, 2017, and before January 1, 2019, to an individual whose principal place of abode on October 8, 2017, is located in the California 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 wildfire 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 wildfire distributions shall not be treated as eligible rollover distributions.
 (B)Qualified wildfire distributions treated as meeting plan distribution requirementsFor purposes the Internal Revenue Code of 1986, a qualified wildfire 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 period beginning on October 8, 2017, and ending on April 30, 2018, 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, the term qualified distribution means any distribution— (A)described in section 401(k)(2)(B)(i)(IV), 403(b)(7)(A)(ii) (but only to the extent such distribution relates to financial hardship), 403(b)(11)(B), or 72(t)(2)(F), of the Internal Revenue Code of 1986,
 (B)received after March 31, 2017, and before November 15, 2017, and (C)which was to be used to purchase or construct a principal residence in the California wildfire disaster area but which was not so purchased or constructed on account of the wildfires to which the declaration of such area relates.
					(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, 2018—
 (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 October 8, 2017, 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 October 8, 2017, and ending on December 31, 2018, 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, the term qualified individual means any individual whose principal place of abode on October 8, 2017, is located in the California wildfire disaster area and who has sustained an economic loss by reason of wildfires to which the declaration of such area relates.
				(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, 2019, 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.Employee retention credit for employers affected by California wildfires (a)In generalFor purposes of section 38 of the Internal Revenue Code of 1986, in the case of an eligible employer, the California wildfire employee retention credit shall be treated as a credit listed in subsection (b) of such section. For purposes of this subsection, the California 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.
 (b)DefinitionsFor purposes of this section— (1)Eligible employerThe term eligible employer means any employer—
 (A)which conducted an active trade or business on October 8, 2017, in the California wildfire disaster zone, and
 (B)with respect to whom the trade or business described in subparagraph (A) is inoperable on any day after October 8, 2017, and before January 1, 2018, as a result of damage sustained by reason of the wildfires to which such declaration of such area relates.
 (2)Eligible employeeThe term eligible employee means with respect to an eligible employer an employee whose principal place of employment on October 8, 2017, with such eligible employer was in the California wildfire disaster zone.
 (3)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 8, 2017, and before January 1, 2018, which occurs during the period—
 (A)beginning on the date on which the trade or business described in paragraph (1) first became inoperable at the principal place of employment of the employee immediately before the wildfires to which the declaration of the California wildfire disaster area relates, and
 (B)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.(c)Certain rules To applyFor purposes of this section, rules similar to the rules of sections 51(i)(1) and 52, of the Internal Revenue Code of 1986, shall apply.
 (d)Employee not taken into account more than onceAn employee shall not be treated as an eligible employee for purposes of this section for any period with respect to any employer if such employer is allowed a credit under section 51 of the Internal Revenue Code of 1986 with respect to such employee for such period.
			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 (G) 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)Exception to overall limitation on itemized deductionsSo much of any deduction allowed under section 170 of the Internal Revenue Code of 1986 as does not exceed the qualified contributions paid during the taxable year shall not be treated as an itemized deduction for purposes of section 68 of such Code.
				(4)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 October 8, 2017, and ending on December 31, 2017, in cash to an organization described in section 170(b)(1)(A) of such Code, and
 (II)is made for relief efforts in the California 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 losses described in section 165(c)(3) of the Internal Revenue Code of 1986 which arise in the California wildfire disaster area on or after October 8, 2017, 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 taxable year which includes the applicable date 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 taxable year which includes October 8, 2017.
 (2)Qualified individualFor purposes of this subsection, the term qualified individual means any individual whose principal place of abode on October 8, 2017, was located— (A)in the California wildfire disaster zone, or
 (B)in the California wildfire disaster area (but outside the California 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.
 (3)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. (4)Special rules (A)Application to joint returnsFor purposes of paragraph (1), in the case of a joint return for a taxable year which includes October 8, 2017—
 (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).
					6.Budgetary effects
 (a)Emergency designationThis 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)).
 (b)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.