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H.R. 8314, Disaster RELIEF Act

Summary

H.R. 8314, the Disaster Recovery for Economies, Local Individuals, Employers, and Families Act of 2020 or the Disaster RELIEF Act, was introduced in the House of Representatives on September 18, 2020 by Ms. Finkenauer. It was referred to the Committee on Ways and Means, and in addition to the Committee on Small Business. Section 3 provides a 2020 qualified disaster employee retention credit equal to 40 percent of qualified wages for each eligible employee, with qualified wages capped at $6,000. Section 4 sets special rules for qualified disaster-related personal casualty losses.

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Issuer
Congressional materials
Document type
Bills Bills 116Hr8314Ih Bills 116Hr8314Ih
Case
Bills Bills 116Hr8314Ih Bills 116Hr8314Ih

Cite this document

“H.R. 8314, Disaster RELIEF Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr8314ih-bills-116hr8314ih/, SHA-256 06c6deb987b9365ee84a1dbb2328d7f25d403abd1377767677b3cfe5ed4eb012.

Full text

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                                                                     116TH CONGRESS
                                                                        2D SESSION
                                                                                                           H. R. 8314
                                                                     To provide with respect to recent disasters an employee retention credit
                                                                        for employers affected by such disasters and rules for disaster-related
                                                                        personal casualty losses.




                                                                                   IN THE HOUSE OF REPRESENTATIVES
                                                                                                 SEPTEMBER 18, 2020
                                                                     Ms. FINKENAUER introduced the following bill; which was referred to the
                                                                         Committee on Ways and Means, and in addition to the Committee on
                                                                         Small Business, for a period to be subsequently determined by the Speak-
                                                                         er, in each case for consideration of such provisions as fall within the ju-
                                                                         risdiction of the committee concerned




                                                                                                               A BILL
                                                                     To provide with respect to recent disasters an employee
                                                                        retention credit for employers affected by such disasters
                                                                        and rules for disaster-related personal casualty losses.

                                                                       1               Be it enacted by the Senate and House of Representa-
                                                                       2 tives of the United States of America in Congress assembled,
                                                                       3     SECTION 1. SHORT TITLE.

                                                                       4               This Act may be cited as the ‘‘Disaster Recovery for
                                                                       5 Economies, Local Individuals, Employers, and Families
                                                                       6 Act of 2020’’ or the ‘‘Disaster RELIEF Act’’.




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                                                                       7     SEC. 2. DEFINITIONS.

                                                                       8               For purposes of this Act—

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                                                                       1                        (1) QUALIFIED DISASTER AREA.—
                                                                       2                                 (A) IN          GENERAL.—The                      term ‘‘qualified
                                                                       3                        disaster area’’ means any area with respect to
                                                                       4                        which a major disaster was declared, during the
                                                                       5                        period beginning on December 28, 2019, and
                                                                       6                        ending on the date which is 60 days after the
                                                                       7                        date of the enactment of this Act, by the Presi-
                                                                       8                        dent under section 401 of the Robert T. Staf-
                                                                       9                        ford Disaster Relief and Emergency Assistance
                                                                     10                         Act if the incident period of the disaster with
                                                                     11                         respect to which such declaration is made be-
                                                                     12                         gins on or before the date of the enactment of
                                                                     13                         this Act.
                                                                     14                                  (B) COVID-19                       EXCEPTION.—Such             term
                                                                     15                         shall not include any area with respect to which
                                                                     16                         such a major disaster has been so declared only
                                                                     17                         by reason of COVID-19.
                                                                     18                         (2) QUALIFIED                       DISASTER          ZONE.—The         term
                                                                     19                ‘‘qualified disaster zone’’ means that portion of any
                                                                     20                qualified disaster area which was determined by the
                                                                     21                President, during the period beginning on December
                                                                     22                28, 2019, and ending on the date which is 60 days
                                                                     23                after the date of the enactment of this Act, to war-
                                                                     24                rant individual or individual and public assistance



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                                                                     25                from the Federal Government under the Robert T.


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                                                                       1               Stafford Disaster Relief and Emergency Assistance
                                                                       2               Act by reason of the qualified disaster with respect
                                                                       3               to such disaster area.
                                                                       4                        (3) QUALIFIED DISASTER.—The term ‘‘quali-
                                                                       5               fied disaster’’ means, with respect to any qualified
                                                                       6               disaster area, the disaster by reason of which a
                                                                       7               major disaster was declared with respect to such
                                                                       8               area.
                                                                       9                        (4) INCIDENT PERIOD.—The term ‘‘incident pe-
                                                                     10                riod’’ means, with respect to any qualified disaster,
                                                                     11                the period specified by the Federal Emergency Man-
                                                                     12                agement Agency as the period during which such
                                                                     13                disaster occurred (except that for purposes of this
                                                                     14                Act such period shall not be treated as beginning be-
                                                                     15                fore December 28, 2019, or ending after the date
                                                                     16                which is 30 days after the date of the enactment of
                                                                     17                this Act).
                                                                     18      SEC. 3. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS

                                                                     19                              AFFECTED BY QUALIFIED DISASTERS.

                                                                     20                (a) IN GENERAL.—For purposes of section 38 of the
                                                                     21 Internal Revenue Code of 1986, in the case of an eligible
                                                                     22 employer, the 2020 qualified disaster employee retention
                                                                     23 credit shall be treated as a credit listed at the end of sub-
                                                                     24 section (b) of such section. For purposes of this sub-



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                                                                     25 section, the 2020 qualified disaster employee retention


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                                                                       1 credit for any taxable year is an amount equal to 40 per-
                                                                       2 cent of the qualified wages with respect to each eligible
                                                                       3 employee of such employer for such taxable year. The
                                                                       4 amount of qualified wages with respect to any employee
                                                                       5 which may be taken into account under this subsection
                                                                       6 by the employer for any taxable year shall not exceed
                                                                       7 $6,000 (reduced by the amount of qualified wages with
                                                                       8 respect to such employee which may be so taken into ac-
                                                                       9 count for any prior taxable year).
                                                                     10                (b) DEFINITIONS.—For purposes of this section—
                                                                     11                         (1) ELIGIBLE EMPLOYER.—The term ‘‘eligible
                                                                     12                employer’’ means any employer—
                                                                     13                                  (A) which conducted an active trade or
                                                                     14                         business in a qualified disaster zone at any time
                                                                     15                         during the incident period of the qualified dis-
                                                                     16                         aster with respect to such qualified disaster
                                                                     17                         zone, and
                                                                     18                                  (B) with respect to whom the trade or
                                                                     19                         business described in subparagraph (A) is inop-
                                                                     20                         erable at any time during the period beginning
                                                                     21                         on the first day of the incident period of such
                                                                     22                         qualified disaster and ending on the date of the
                                                                     23                         enactment of this Act, as a result of damage
                                                                     24                         sustained by reason of such qualified disaster.



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                                                                       1                        (2) ELIGIBLE EMPLOYEE.—The term ‘‘eligible
                                                                       2               employee’’ means with respect to an eligible em-
                                                                       3               ployer an employee whose principal place of employ-
                                                                       4               ment with such eligible employer (determined imme-
                                                                       5               diately before the qualified disaster referred to in
                                                                       6               paragraph (1)) was in the qualified disaster zone re-
                                                                       7               ferred to in such paragraph.
                                                                       8                        (3) QUALIFIED WAGES.—The term ‘‘qualified
                                                                       9               wages’’ means wages (as defined in section 51(c)(1)
                                                                     10                of the Internal Revenue Code of 1986, but without
                                                                     11                regard to section 3306(b)(2)(B) of such Code) paid
                                                                     12                or incurred by an eligible employer with respect to
                                                                     13                an eligible employee at any time on or after the date
                                                                     14                on which the trade or business described in para-
                                                                     15                graph (1) first became inoperable at the principal
                                                                     16                place of employment of the employee (determined
                                                                     17                immediately before the qualified disaster referred to
                                                                     18                in such paragraph) and before the earlier of—
                                                                     19                                  (A) the date on which such trade or busi-
                                                                     20                         ness has resumed significant operations at such
                                                                     21                         principal place of employment, or
                                                                     22                                  (B) the date which 150 days after the last
                                                                     23                         day of the incident period of the qualified dis-
                                                                     24                         aster referred to in paragraph (1).



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                                                                       1               Such term shall include wages paid without regard
                                                                       2               to whether the employee performs no services, per-
                                                                       3               forms services at a different place of employment
                                                                       4               than such principal place of employment, or per-
                                                                       5               forms services at such principal place of employment
                                                                       6               before significant operations have resumed. Such
                                                                       7               term shall not include any wages taken into account
                                                                       8               under section 2301 of the Coronavirus Aid, Relief,
                                                                       9               and Economic Security Act.
                                                                     10                (c) SPECIAL RULES.—
                                                                     11                         (1) EMPLOYEE                    NOT         TAKEN          INTO         ACCOUNT

                                                                     12                MORE THAN ONCE.—An employee shall not be treat-

                                                                     13                ed as an eligible employee for purposes of this sub-
                                                                     14                section for any period with respect to any employer
                                                                     15                if such employer is allowed a credit under section 51
                                                                     16                of the Internal Revenue Code of 1986 with respect
                                                                     17                to such employee for such period.
                                                                     18                         (2) DENIAL OF DOUBLE BENEFIT.—Any wages
                                                                     19                taken into account in determining the credit allowed
                                                                     20                under this section shall not be taken into account as
                                                                     21                wages for purposes of sections 41, 45A, 45P, 45S,
                                                                     22                51, and 1396 of the Internal Revenue Code of 1986.
                                                                     23                         (3) CERTAIN OTHER RULES TO APPLY.—For
                                                                     24                purposes of this subsection, rules similar to the rules



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                                                                       1               of sections 51(i)(1), 52, and 280C(a), of the Internal
                                                                       2               Revenue Code of 1986, shall apply.
                                                                       3               (d) ELECTION TO NOT TAKE CERTAIN WAGES INTO
                                                                       4 ACCOUNT.—
                                                                       5                        (1) IN GENERAL.—This section shall not apply
                                                                       6               to qualified wages paid by an eligible employer with
                                                                       7               respect to which such employer makes an election
                                                                       8               (at such time and in such manner as the Secretary
                                                                       9               may prescribe) to have this section not apply to such
                                                                     10                wages.
                                                                     11                         (2) COORDINATION WITH PAYCHECK PROTEC-
                                                                     12                TION        PROGRAM.—The                      Secretary, in consultation
                                                                     13                with the Administrator of the Small Business Ad-
                                                                     14                ministration, shall issue guidance providing that
                                                                     15                payroll costs paid or incurred during the covered pe-
                                                                     16                riod shall not fail to be treated as qualified wages
                                                                     17                under this section by reason of an election under
                                                                     18                paragraph (1) to the extent that a covered loan of
                                                                     19                the eligible employer is not forgiven by reason of a
                                                                     20                decision under section 1106(g) of the CARES Act.
                                                                     21                Terms used in the preceding sentence which are also
                                                                     22                used in section 1106 of such Act shall have the same
                                                                     23                meaning as when used in such section.
                                                                     24                (e) AMENDMENT TO PAYCHECK PROTECTION PRO-



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                                                                     25      GRAM.—Section 1106(a)(8) of the CARES Act is amended



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                                                                       1 by inserting ‘‘, except that such costs shall not include
                                                                       2 qualified wages taken into account in determining the
                                                                       3 credit allowed under section 4 of the Disaster RELIEF
                                                                       4 Act’’ before the period at the end.
                                                                       5     SEC. 4. SPECIAL RULES FOR QUALIFIED DISASTER-RE-

                                                                       6                             LATED PERSONAL CASUALTY LOSSES.

                                                                       7               (a) IN GENERAL.—If an individual has a net disaster
                                                                       8 loss for any taxable year—
                                                                       9                        (1) the amount determined under section
                                                                     10                165(h)(2)(A)(ii) of the Internal Revenue Code of
                                                                     11                1986 shall be equal to the sum of—
                                                                     12                                  (A) such net disaster loss, and
                                                                     13                                  (B) so much of the excess referred to in
                                                                     14                         the matter preceding clause (i) of section
                                                                     15                         165(h)(2)(A) of such Code (reduced by the
                                                                     16                         amount in subparagraph (A) of this paragraph)
                                                                     17                         as exceeds 10 percent of the adjusted gross in-
                                                                     18                         come of the individual,
                                                                     19                         (2) in the case of qualified disaster-related per-
                                                                     20                sonal casualty losses, section 165(h)(1) of such Code
                                                                     21                shall be applied to by substituting ‘‘$500’’ for ‘‘$500
                                                                     22                ($100 for taxable years beginning after December
                                                                     23                31, 2009)’’,




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                                                                       1                        (3) the standard deduction determined under
                                                                       2               section 63(c) of such Code shall be increased by the
                                                                       3               net disaster loss, and
                                                                       4                        (4) section 56(b)(1)(E) of such Code shall not
                                                                       5               apply to so much of the standard deduction as is at-
                                                                       6               tributable to the increase under paragraph (3) of
                                                                       7               this paragraph.
                                                                       8               (b) NET DISASTER LOSS.—For purposes of this sec-
                                                                       9 tion, the term ‘‘net disaster loss’’ means the excess of
                                                                     10 qualified disaster-related personal casualty losses over per-
                                                                     11 sonal casualty gains (as defined in section 165(h)(3)(A)
                                                                     12 of the Internal Revenue Code of 1986).
                                                                     13                (c) QUALIFIED DISASTER-RELATED PERSONAL CAS-
                                                                     14      UALTY LOSSES.—For purposes of this section, the term

                                                                     15 ‘‘qualified disaster-related personal casualty losses’’ means
                                                                     16 losses described in section 165(c)(3) of the Internal Rev-
                                                                     17 enue Code of 1986 which arise in a qualified disaster area
                                                                     18 on or after the first day of the incident period of the quali-
                                                                     19 fied disaster to which such area relates, and which are
                                                                     20 attributable to such qualified disaster.
                                                                                                                                Æ




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