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How to find length of a discontinued line feature

How to find length of a discontinued line feature


I wanted to find the length of features in a road layer. So I go through each feature in the layer and used,

line = feature.geometry().asPolyline()

to find the points which particular feature is created and then used haversine formula to calculate the length. But there are some features(roads) which are not as continued lines (shown in image-yellow coloured), so thelinereturns an empty list.

Is there any way to find length of those type of features?


Perhaps you could create a new attribute column and calculate the length of each feature from there using:

$length

Computer network

A computer network is a group of computers that use a set of common communication protocols over digital interconnections for the purpose of sharing resources located on or provided by the network nodes. The interconnections between nodes are formed from a broad spectrum of telecommunication network technologies, based on physically wired, optical, and wireless radio-frequency methods that may be arranged in a variety of network topologies.

The nodes of a computer network may include personal computers, servers, networking hardware, or other specialised or general-purpose hosts. They are identified by hostnames and network addresses. Hostnames serve as memorable labels for the nodes, rarely changed after initial assignment. Network addresses serve for locating and identifying the nodes by communication protocols such as the Internet Protocol.

Computer networks may be classified by many criteria, including the transmission medium used to carry signals, bandwidth, communications protocols to organize network traffic, the network size, the topology, traffic control mechanism, and organizational intent.

Computer networks support many applications and services, such as access to the World Wide Web, digital video, digital audio, shared use of application and storage servers, printers, and fax machines, and use of email and instant messaging applications.


IMPORTANT SAFETY ALERT: FIRE HAZARD REGARDING RELAY ® G10 TRANSMITTER

Corrective Action required immediately for Relay G10, Relay G10S, and Relay G10T wireless products purchased prior to March 2020.

Several instances of extreme overheating and a risk of fire presented by the Relay G10T wireless transmitter have been reported since the product was introduced in 2016. All instances of overheating reportedly occurred during charging.

In March 2020, Line 6 issued a “recall-to-repair” with the U.S. Consumer Product Safety Commission. The recall to repair is designed to prevent overheating and the risk of fire, and simply requires users to install a firmware update. The latest G10T firmware version is 1.06. Please be sure to update your transmitter if you are not on this latest version. It takes about five minutes to complete this process.

Click below for download and installation instructions.

重要安全警报:关于RELAY ® G10发射器的火灾危险

立即需要纠正措施:2020年 3 月之前购买的Relay G10, Relay G10S和Relay G10T无线产品。

自产品于2016上市以来,已经收到了若干起关于Relay G10T无线发射器极端过热并产生火灾风险的案例。 所有案例都发生在充电期间。

2020年 3 月,Line 6与美国产品安全委员会发布了“召回维修”通知。召回维修的目的是防止过热和火灾风险,并只需要用户安装固件更新。最新的G10T固件版本为1.06。 如果您不是此最新版本,请务必更新您的发射器固件。完成此过程需要大约五分钟。

ALERTE IMPORTANTE DE SÉCURITÉ: RISQUE D’INCENDIE AVEC L’ÉMETTEUR RELAY ® G10

Mesure corrective requise immédiatement pour les dispositifs sans fil Relay G10, Relay G10S et Relay G10T achetés avant mars 2020

Plusieurs rapports ont fait état de cas de surchauffe extrême et de risque d’incendie présentés par l’émetteur sans fil Relay G10T depuis la sortie du produit en 2016. Tous les cas de surchauffe rapportés ont eu lieu durant la recharge.

En mars 2020, Line 6 a lancé un rappel pour modification en coopération avec la Commission américaine pour la sécurité des produits de consommation. Le rappel pour modification vise à éviter la surchauffe et le risque d’incendie. Il suffit pour cela que les utilisateurs installent une mise à jour du système. La version la plus récente du système du G10T est la version 1.06. Veillez à mettre votre émetteur à jour si vous n’avez pas la dernière version du système. Le processus ne dure que cinq minutes environ.

Cliquez ci-dessous pour accéder aux instructions de téléchargement et d’installation.

WICHTIGER SICHERHEITSHINWEIS: BRANDGEFAHR BEIM RELAY ® G10 SENDER

Erforderliche Abhilfemaßnahmen für alle Relay G10, Relay G10S und Relay G10T Funksysteme, die vor März 2020 gekauft wurden.

Mehreren eingegangenen Berichten zufolge überhitzen Relay G10T Funksender, die seit der Erstauslieferung 2016 gekauft wurden. Diese stellen ein Brandrisiko dar. Alle Berichte sind sich darin einig, dass die Überhitzung beim Aufladen auftritt.

Im März 2020 übermittelte Line 6 der amerikanischen Consumer Product Safety Commission einen “Rückruf zwecks Reparatur”-Antrag. Der Rückruf zwecks Reparatur soll die Überhitzung und das Brandrisiko abstellen. Hierfür ist lediglich die Installation eines Firmware-Updates notwendig. Die aktuelle G10T-Firmwareversion ist 1.06. Bitte aktualisieren Sie Ihren Sender, wenn er die neue Firmware-Version noch nicht enthält. Dieser Vorgang dauert ungefähr fünf Minuten.

Bitte klicken Sie unten, um sich die Datei und die Installationshinweise herunterzuladen.

IMPORTANTE AVVISO DI SICUREZZA: RISCHIO DI INCENDIO RIGUARDANTE IL TRASMETTITORE RELAY ® G10

Provvedimento Correttivo immediato necessario per i prodotti wireless Relay G10, Relay G10S e Relay G10T acquistati prima di Marzo 2020.

Sono state ricevute numerose segnalazioni di casi di notevole surriscaldamento e rischio di incendio riguardanti il trasmettitore wireless Relay G10T dall’introduzione del prodotto nel 2016. Tutti i casi di surriscaldamento segnalati si riferiscono alla fase di ricarica.

Nel Marzo 2020, Line 6 ha avviato un procedimento di “richiamo” con la Commissione per la Sicurezza dei Consumatori Statunitensi. Il richiamo ha lo scopo di evitare il surriscaldamento ed il rischio di incendio e richiede semplicemente all’utente di installare un aggiornamento del firmware. L’ultima versione del firmware del G10T è la 1.06. Se non disponete già dell’ultima versione, vi preghiamo di aggiornare il vostro trasmettitore. Il processo di aggiornamento richiede circa cinque minuti.

Cliccate qui sotto per scaricarlo e per le istruzioni di installazione.

ALERTA DE SEGURIDAD IMPORTANTE: RIESGO DE INCENDIO RELACIONADO CON EL TRANSMISOR RELAY ® G10

Medida correctiva requerida inmediatamente para los productos inalámbricos Relay G10, Relay G10S y Relay G10T adquiridos antes de marzo de 2020.

Se han recibido diversos avisos de casos de sobrecalentamiento extremo y un riesgo de incendio en transmisores inalámbricos Relay G10T desde que el producto se presentara en 2016. Todos estos casos de sobrecalentamiento de los que se informó se produjeron durante el proceso de carga.

En marzo de 2020, Line 6 emitió una “llamada a reparación” con la Comisión de Seguridad de Productos del Consumidor de EE. UU. La llamada a reparación está diseñada para evitar el sobrecalentamiento y el riesgo de incendio, y simplemente requiere que el usuario instale una actualización de firmware. La versión de firmware más reciente del G10T es la 1.06. Actualiza el transmisor si no tienes esta versión más reciente. El proceso se realiza en unos cinco minutos.

Haz clic a continuación para ver las instrucciones de descarga e instalación.


How can I find discontinued laminate flooring?

Finding discontinued laminate flooring to finish a project, a repair, or complete a home can be difficult. If a product is not selling well, manufacturers will discontinue the flooring or collection of flooring completely. Once a flooring is discontinued, you will not see it again in most stores.

At Bestlaminate, we carry a few discontinued laminate flooring styles. If we don’t have something you need, we always suggest to search eBay, Craigslist or Facebook Marketplace. You can also leave a comment in the feed below, and someone may have what you’re looking for.

Often, it is helpful to contact the flooring manufacturer directly to see if they have any remnants available. You may even get a discount from manufacturer’s trying to sell off old flooring.

If you want to install laminate flooring in an additional room, you are in luck. You can easily blend the two rooms together with a transition piece and a laminate flooring that’s close in color and design as your current floor. Very commonly, we can find a match that will compliment current flooring or furnishing perfectly. Customers have been able to find a match that was unnoticeable! If you have a left over sample of the flooring you currently have installed, don’t hesitate to mail it to us and we will see what we have that is similar.

If you want help finding a similar product, contact us at 1-800-520-0961 and we will do our best to help you get the perfect flooring to blend with your current flooring. We also have free samples available that you can order to match these floors to yours!


Keeping Windows 10 up-to-date

Windows 10 is designed to deliver updates for the supported lifetime of the device. Two types of updates may be provided: quality updates and feature updates. Quality updates include both security and non-security updates and are typically targeted to be released once a month. Feature updates also include security and non-security fixes as well as new features to Windows 10 and are typically provided twice a year. Ensuring that your device receives these updates and is kept up-to-date is important for your device security. Windows 10 periodically checks for updates so you don’t have to. When an update is available—and sufficient free disk space is available on your device—it will be automatically installed. So that Windows 10 continues to stay updated, it’s important to ensure your device has sufficient free space. See additional applicable details in the following notes.

Important notes about updates:

  • A device might not be able to receive updates if the device hardware is incompatible, if it lacks current drivers or sufficient available hard drive space, or if it’s otherwise outside of the Original Equipment Manufacturer's (“OEM”) support period. Visit the Windows Lifecycle Fact Sheet or the Lifecycle FAQ for Windows products to learn more about the servicing timeline for each feature update.
    • Some of the disk space needed for installing updates is only temporarily required. Typically, ten days after installing an update, a disk cleanup will be automatically performed to delete copies of the older, unneeded Windows files and free up space again.

    The starting point: What is geomarketing?

    Let’s start from the very definition of geomarketing, which some prefer to define as “Proximity Marketing.” It is defined as a type of digital marketing, based on Big Data that is closely related to the geographical location of the target, the so-called geolocation.

    This information is collected by brands and retailers through services or applications that, of course, ask for prior consent from their users. We’re talking about maps, navigators, social networks, apps dedicated to sports, Travel and Tourism, weather, and much more.

    In short, we’re talking about services that are now part of our everyday life.

    There are three key points of this data collection:

    • a person’s geographic location, recorded in real-time
    • the user’s places of interest (selected through preferences, past behavior, and various other metrics)
    • nearbyservices and activities , which might fall under the preferences and interests of the individual user

    And it’s a key element in the transition from offline to online marketing.

    Here, the themes of data-driven predictive marketing and, above all, personalization begin to emerge.

    > FREE WEBINAR WITH GUEST FORRESTER – Customer Experience gets personal: the power of Personalization

    We’re talking about digital marketing approaches that have the ultimate goal of one-to-one, tailored, and – precisely – “proximity” communication . Innovative ways of integrating the physical and digital worlds are made possible by specialized companies like Doxee.

    It is important to underline another aspect: This proximity is not limited to the “surroundings.” We’re talking about something that increasingly acts (and interacts) with the physical store itself.

    Think, in fact, of how our habits have changed when we find ourselves inside a store. If, for example, we find ourselves in an electronics store and we are interested in buying a new television, we all search online, on our smartphones, for the characteristics of the various devices. We inquire about performance, read opinions, reviews, feedback we compare prices we search for the best offers.

    According to a recent survey, as many as 31% of users are influenced in their choice of a product by searches on their smartphone while they are already inside a store (source: Digital4Biz). Of course, this percentage is even higher among younger people.

    Finally, never forget this other data, which gives the measure of how decisive geomarketing and proximity marketing can be for the future: there are 5 billion smartphone users in the world (source: Statista).

    In addition, the amount of time that we spend using a smartphone is constantly growing . Estimates for 2021 indicate an average of 3 hours and 54 minutes per person each day (source: eMarketer).

    Types of geomarketing and enabling technologies

    Proximity marketing is being integrated into the offline to online marketing strategies of almost every type of business, from the neighborhood store, to large retail chains and supermarkets, from the restaurant industry, to tourism, to real estate… and more.

    For one simple reason: it works! But in which modes does it work?

    • Bluetooth : In some cases we refer to this mode with the term “ Beacon Marketing ” (for more details see, for example, here).
    • WiFi : Having an efficient WiFi network available is not just a plus, but a requirement that everyone expects. Sure, it’s useful for customers. But it’s also useful for retailers, who can have great control over navigation data and use it to build marketing, engagement, and loyalty campaigns in real time , that are calibrated on the characteristics of the individual user.
    • RFID/NFC: behind these acronyms are Radio Frequency Identification and Near Field Communication technologies. Without getting too technical, these are technologies that allow communication with smartphones, even in the absence of a WiFi network, exploiting – for example – the proximity between “smart barcodes” and customers’ devices. I t’s an interesting field, because it allows companies to create interactive shopping experiences and also new and interesting modes of digital payment.
    • GPS : In this case, it’s about something a bit more familiar. We all use GPS-based geo-targeting systems daily on our smartphones. Here, we’re talking about a wider proximity than that offered by Bluetooth, WiFi or RFID/NFC systems.

    Atmospheric Pressure

    The air around you has weight, and it presses against everything it touches. That pressure is called atmospheric pressure, or air pressure.

    Earth Science, Meteorology, Geography, Physical Geography, Physics

    This lists the logos of programs or partners of NG Education which have provided or contributed the content on this page. Powered by

    The air around you has weight, and it presses against everything it touches. That pressure is called atmospheric pressure, or air pressure. It is the force exerted on a surface by the air above it as gravity pulls it to Earth.

    Atmospheric pressure is commonly measured with a barometer. In a barometer, a column of mercury in a glass tube rises or falls as the weight of the atmosphere changes. Meteorologists describe the atmospheric pressure by how high the mercury rises.

    An atmosphere (atm) is a unit of measurement equal to the average air pressure at sea level at a temperature of 15 degrees Celsius (59 degrees Fahrenheit). One atmosphere is 1,013 millibars, or 760 millimeters (29.92 inches) of mercury.

    Atmospheric pressure drops as altitude increases. The atmospheric pressure on Denali, Alaska, is about half that of Honolulu, Hawai'i. Honolulu is a city at sea level. Denali, also known as Mount McKinley, is the highest peak in North America.

    As the pressure decreases, the amount of oxygen available to breathe also decreases. At very high altitudes, atmospheric pressure and available oxygen get so low that people can become sick and even die.

    Mountain climbers use bottled oxygen when they ascend very high peaks. They also take time to get used to the altitude because quickly moving from higher pressure to lower pressure can cause decompression sickness. Decompression sickness, also called "the bends", is also a problem for scuba divers who come to the surface too quickly.

    Aircraft create artificial pressure in the cabin so passengers remain comfortable while flying.

    Atmospheric pressure is an indicator of weather. When a low-pressure system moves into an area, it usually leads to cloudiness, wind, and precipitation. High-pressure systems usually lead to fair, calm weather.

    Photograph by an anonymous contributor / Wikipedia

    Why Do Your Ears Pop in Airplanes?
    As you go up in an airplane, the atmospheric pressure becomes lower than the pressure of the air inside your ears. Your ears pop because they are trying to equalize, or match, the pressure. The same thing happens when the plane is on the way down and your ears have to adjust to a higher atmospheric pressure.


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    The CT6-V (discontinued in 2020) defined modern sophistication by artistically combining luxury, thoughtful technology and high performance. Featuring the hand-built 4.2L Blackwing Twin Turbo V8 engine with 550 hp and 640 lb-ft of torque, it was considered to be the culmination of more than a century of engineering, craft and technological advances.

    The CT6 (discontinued in 2020) was a true driver’s car. Having been the first car to be equipped with Super Cruise ™ driver assistance feature, along with an array of performance features and cutting-edge technologies, the CT6 let the driver enjoy a smooth, responsive drive every time.


    How to find length of a discontinued line feature - Geographic Information Systems

    In lieu of the matter proposed to be inserted by the Senate, insert the following:

    This division may be cited as the Retirement, Savings, and Other Tax Relief Act of 2018.

    Except as otherwise expressly provided, whenever in this division an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.

    The table of contents for this division is as follows:

    Sec. 1. Short title, etc. Title I—Extension of expiring provisions Subtitle A—Made permanent Sec. 101. Railroad track maintenance credit. Subtitle B—Extension and phase out Sec. 111. Biodiesel and renewable diesel. Subtitle C—Extensions for 2018 Sec. 121. Nonbusiness energy property. Sec. 122. Qualified fuel cell motor vehicles. Sec. 123. Alternative fuel refueling property credit. Sec. 124. 2-wheeled plug-in electric vehicle credit. Sec. 125. Second generation biofuel producer credit. Sec. 126. Credit for electricity produced from certain renewable resources. Sec. 127. Production credit for Indian coal facilities. Sec. 128. Energy efficient homes credit. Sec. 129. Classification of certain race horses as 3-year property. Sec. 130. Special allowance for second generation biofuel plant property. Sec. 131. Energy efficient commercial buildings deduction. Sec. 132. Election to expense advanced mine safety equipment. Sec. 133. Extension of special rule for sales or dispositions to implement FERC or State electric restructuring policy for qualified electric utilities. Sec. 134. Extension of excise tax credits relating to alternative fuels. Sec. 135. 7-year recovery period for motorsports entertainment complexes. Sec. 136. Accelerated depreciation for business property on Indian reservation. Sec. 137. Expensing rules for certain productions. Sec. 138. Indian employment credit. Sec. 139. Mine rescue team training credit. Sec. 140. Exclusion from gross income of discharge of qualified principal residence indebtedness. Sec. 141. Treatment of mortgage insurance premiums as qualified residence interest. Sec. 142. Deduction of qualified tuition and related expenses. Sec. 143. Extension of empowerment zone tax incentives. Sec. 144. American Samoa economic development credit. Subtitle D—Extensions for 2019 Sec. 151. Extension of oil spill liability trust fund rate. Sec. 152. Black lung liability trust fund excise tax. Title II—Disaster tax relief Sec. 201. Definitions. Sec. 202. Special disaster-related rules for use of retirement funds. Sec. 203. Employment relief. Sec. 204. Other disaster-related tax relief provisions. Sec. 205. Treatment of certain possessions. Title III—Retirement and savings Subtitle A—Expanding and preserving retirement savings Sec. 301. Multiple employer plans pooled employer plans. Sec. 302. Rules relating to election of safe harbor 401(k) status. Sec. 303. Certain taxable non-tuition fellowship and stipend payments treated as compensation for IRA purposes. Sec. 304. Repeal of maximum age for traditional IRA contributions. Sec. 305. Qualified employer plans prohibited from making loans through credit cards and other similar arrangements. Sec. 306. Portability of lifetime income investments. Sec. 307. Treatment of custodial accounts on termination of section 403(b) plans. Sec. 308. Clarification of retirement income account rules relating to church-controlled organizations. Sec. 309. Increase in 10 percent cap for automatic enrollment safe harbor after 1st plan year. Sec. 310. Increase in credit limitation for small employer pension plan startup costs. Sec. 311. Small employer automatic enrollment credit. Sec. 312. Exemption from required minimum distribution rules for individuals with certain account balances. Sec. 313. Elective deferrals by members of the Ready Reserve of a reserve component of the Armed Forces. Subtitle B—Administrative improvements Sec. 321. Plan adopted by filing due date for year may be treated as in effect as of close of year. Sec. 322. Modification of nondiscrimination rules to protect older, longer service participants. Sec. 323. Fiduciary safe harbor for selection of lifetime income provider. Sec. 324. Disclosure regarding lifetime income. Sec. 325. Modification of PBGC premiums for CSEC plans. Subtitle C—Other Savings Provisions Sec. 331. Penalty-free withdrawals from retirement plans for individuals in case of birth of child or adoption. Title IV—American Innovation Sec. 401. Simplification and expansion of deduction for start-up and organizational expenditures. Sec. 402. Preservation of start-up net operating losses and tax credits after ownership change. Title V—Certain tax technical corrections and clarifications Sec. 501. Technical amendments relating to Public Law 115–97 . Sec. 502. Clarification of treatment of veterans as specified group for purposes of the low-income housing tax credit. Sec. 503. Clarification of general public use requirement for qualified residential rental projects. I Extension of expiring provisions A Made permanent 101. Railroad track maintenance credit (a) Credit percentage reduced

    Section 45G(a) is amended by striking 50 percent and inserting 30 percent .

    Section 45G is amended by striking subsection (f).

    The amendments made by this section shall apply to expenditures paid or incurred during taxable years beginning after December 31, 2017.

    B Extension and phase out 111. Biodiesel and renewable diesel (a) Income tax credit

    Section 40A(g) is amended to read as follows:

    In the case of any sale or use after December 31, 2021, subsections (b)(1)(A) and (b)(2)(A) shall be applied by substituting for $1.00 —

    $.75 , if such sale or use is before January 1, 2023,

    $.50 , if such sale or use is after December 31, 2022, and before January 1, 2024, and

    $.33 , if such sale or use is after December 31, 2023, and before January 1, 2025.

    This section shall not apply to any sale or use after December 31, 2024.

    The amendments made by this subsection shall apply to fuel sold or used after December 31, 2017.

    Section 6426(c)(2) is amended to read as follows:

    For purposes of this subsection, the applicable amount is—

    $1.00 in the case of any sale or use for any period before January 1, 2022,

    $.75 in the case of any sale or use for any period after December 31, 2021, and before January 1, 2023,

    $.50 in the case of any sale or use for any period after December 31, 2022, and before January 1, 2024, and

    $.33 in the case of any sale or use for any period after December 31, 2023, and before January 1, 2025.

    (2) Termination (A) In general

    Section 6426(c)(6) is amended by striking December 31, 2017 and inserting December 31, 2024 .

    Section 6427(e)(6)(B) is amended by striking December 31, 2017 and inserting December 31, 2024 .

    The amendments made by this subsection shall apply to fuel sold or used after December 31, 2017.

    Notwithstanding any other provision of law, in the case of any biodiesel mixture credit properly determined under section 6426(c) of the Internal Revenue Code of 1986 for the period beginning on January 1, 2018, and ending on December 31, 2018, such credit shall be allowed, and any refund or payment attributable to such credit (including any payment under section 6427(e) of such Code) shall be made, only in such manner as the Secretary of the Treasury (or the Secretary’s delegate) shall provide. Such Secretary shall issue guidance within 30 days after the date of the enactment of this Act providing for a one-time submission of claims covering periods described in the preceding sentence. Such guidance shall provide for a 180-day period for the submission of such claims (in such manner as prescribed by such Secretary) to begin not later than 30 days after such guidance is issued. Such claims shall be paid by such Secretary not later than 60 days after receipt. If such Secretary has not paid pursuant to a claim filed under this subsection within 60 days after the date of the filing of such claim, the claim shall be paid with interest from such date determined by using the overpayment rate and method under section 6621 of such Code.

    C Extensions for 2018 121. Nonbusiness energy property (a) In general

    Section 25C(g)(2) is amended by striking December 31, 2017 and inserting December 31, 2018 .

    The amendment made by this section shall apply to property placed in service after December 31, 2017.

    122. Qualified fuel cell motor vehicles (a) In general

    Section 30B(k)(1) is amended by striking December 31, 2017 and inserting December 31, 2018 .

    The amendment made by this section shall apply to property purchased after December 31, 2017.

    123. Alternative fuel refueling property credit (a) In general

    Section 30C(g) is amended by striking December 31, 2017 and inserting December 31, 2018 .

    The amendment made by this section shall apply to property placed in service after December 31, 2017.

    124. 2-wheeled plug-in electric vehicle credit (a) In general

    Section 30D(g)(3)(E)(ii) is amended by striking January 1, 2018 and inserting January 1, 2019 .

    The amendment made by this section shall apply to vehicles acquired after December 31, 2017.

    125. Second generation biofuel producer credit (a) In general

    Section 40(b)(6)(J)(i) is amended by striking January 1, 2018 and inserting January 1, 2019 .

    The amendment made by this section shall apply to qualified second generation biofuel production after December 31, 2017.

    126. Credit for electricity produced from certain renewable resources (a) In general

    The following provisions of section 45(d) are each amended by striking January 1, 2018 each place it appears and inserting January 1, 2019 :

    (b) Extension of election to treat qualified facilities as energy property

    Section 48(a)(5)(C)(ii) is amended by striking January 1, 2018 and inserting January 1, 2019 .

    The amendments made by this section shall take effect on January 1, 2018.

    127. Production credit for Indian coal facilities (a) In general

    Section 45(e)(10)(A) is amended by striking 12-year period each place it appears and inserting 13-year period .

    The amendment made by this section shall apply to coal produced after December 31, 2017.

    128. Energy efficient homes credit (a) In general

    Section 45L(g) is amended by striking December 31, 2017 and inserting December 31, 2018 .

    The amendment made by this section shall apply to homes acquired after December 31, 2017.

    129. Classification of certain race horses as 3-year property (a) In general

    Section 168(e)(3)(A)(i) is amended—

    by striking January 1, 2018 in subclause (I) and inserting January 1, 2019 , and

    by striking December 31, 2017 in subclause (II) and inserting December 31, 2018 .

    The amendments made by this section shall apply to property placed in service after December 31, 2017.

    130. Special allowance for second generation biofuel plant property (a) In general

    Section 168(l)(2)(D) is amended by striking January 1, 2018 and inserting January 1, 2019 .

    The amendment made by this section shall apply to property placed in service after December 31, 2017.

    131. Energy efficient commercial buildings deduction (a) In general

    Section 179D(h) is amended by striking December 31, 2017 and inserting December 31, 2018 .

    The amendment made by this section shall apply to property placed in service after December 31, 2017.

    132. Election to expense advanced mine safety equipment (a) In general

    Section 179E(g) is amended by striking December 31, 2017 and inserting December 31, 2018 .

    The amendment made by this section shall apply to property placed in service after December 31, 2017.

    133. Extension of special rule for sales or dispositions to implement FERC or State electric restructuring policy for qualified electric utilities (a) In general

    Section 451(k)(3) is amended by striking January 1, 2018 and inserting January 1, 2019 .

    The amendment made by this section shall apply to dispositions after December 31, 2017.

    134. Extension of excise tax credits relating to alternative fuels (a) Extension

    Sections 6426(d)(5) and 6426(e)(3) are each amended by striking December 31, 2017 and inserting December 31, 2018 .

    (2) Outlay payments for alternative fuels

    Section 6427(e)(6)(C) is amended by striking December 31, 2017 and inserting December 31, 2018 .

    The amendments made by this section shall apply to fuel sold or used after December 31, 2017.

    Notwithstanding any other provision of law, in the case of any alternative fuel credit properly determined under section 6426(d) of the Internal Revenue Code of 1986 for the period beginning on January 1, 2018, and ending on December 31, 2018, such credit shall be allowed, and any refund or payment attributable to such credit (including any payment under section 6427(e) of such Code) shall be made, only in such manner as the Secretary of the Treasury (or the Secretary’s delegate) shall provide. Such Secretary shall issue guidance within 30 days after the date of the enactment of this Act providing for a one-time submission of claims covering periods described in the preceding sentence. Such guidance shall provide for a 180-day period for the submission of such claims (in such manner as prescribed by such Secretary) to begin not later than 30 days after such guidance is issued. Such claims shall be paid by such Secretary not later than 60 days after receipt. If such Secretary has not paid pursuant to a claim filed under this subsection within 60 days after the date of the filing of such claim, the claim shall be paid with interest from such date determined by using the overpayment rate and method under section 6621 of such Code.

    135. 7-year recovery period for motorsports entertainment complexes (a) In general

    Section 168(i)(15)(D) is amended by striking December 31, 2017 and inserting December 31, 2018 .

    The amendment made by this section shall apply to property placed in service after December 31, 2017.

    136. Accelerated depreciation for business property on Indian reservation (a) In general

    Section 168(j)(9) is amended by striking December 31, 2017 and inserting December 31, 2018 .

    The amendment made by this section shall apply to property placed in service after December 31, 2017.

    137. Expensing rules for certain productions (a) In general

    Section 181(g) is amended by striking December 31, 2017 and inserting December 31, 2018 .

    The amendment made by this section shall apply to productions commencing after December 31, 2017.

    138. Indian employment credit (a) In general

    Section 45A(f) is amended by striking December 31, 2017 and inserting December 31, 2018 .

    The amendment made by this section shall apply to taxable years beginning after December 31, 2017.

    139. Mine rescue team training credit (a) In general

    Section 45N(e) is amended by striking December 31, 2017 and inserting December 31, 2018 .

    The amendment made by this section shall apply to taxable years beginning after December 31, 2017.

    140. Exclusion from gross income of discharge of qualified principal residence indebtedness (a) In general

    Section 108(a)(1)(E) is amended by striking January 1, 2018 each place it appears and inserting January 1, 2019 .

    The amendment made by this section shall apply to discharges of indebtedness after December 31, 2017.

    141. Treatment of mortgage insurance premiums as qualified residence interest (a) In general

    Section 163(h)(3)(E)(iv)(I) is amended by striking December 31, 2017 and inserting December 31, 2018 .

    The amendment made by this section shall apply to taxable years beginning after December 31, 2017.

    142. Deduction of qualified tuition and related expenses (a) In general

    Section 222(e) is amended by striking December 31, 2017 and inserting December 31, 2018 .

    The amendment made by this section shall apply to taxable years beginning after December 31, 2017.

    143. Extension of empowerment zone tax incentives (a) In general

    Section 1391(d)(1)(A)(i) is amended by striking December 31, 2017 and inserting December 31, 2018 .

    (b) Treatment of certain termination dates specified in nominations

    In the case of a designation of an empowerment zone the nomination for which included a termination date which is contemporaneous with the date specified in subparagraph (A)(i) of section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect before the enactment of this Act), subparagraph (B) of such section shall not apply with respect to such designation if, after the date of the enactment of this section, the entity which made such nomination amends the nomination to provide for a new termination date in such manner as the Secretary of the Treasury (or the Secretary’s designee) may provide.

    The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2017.

    144. American Samoa economic development credit (a) In general

    Section 119(d) of division A of the Tax Relief and Health Care Act of 2006 is amended—

    by striking January 1, 2018 each place it appears and inserting January 1, 2019 ,

    by striking first 12 taxable years in paragraph (1) and inserting first 13 taxable years ,

    by striking first 6 taxable years in paragraph (2) and inserting first 7 taxable years , and

    by adding at the end the following flush sentence:

    In the case of a corporation described in subsection (a)(2), the Internal Revenue Code of 1986 shall be applied and administered without regard to the amendments made by section 401(d)(1) of the Tax Technical Corrections Act of 2018. .

    The amendments made by this section shall apply to taxable years beginning after December 31, 2017.

    D Extensions for 2019 151. Extension of oil spill liability trust fund rate

    Section 4611(f)(2) is amended by striking December 31, 2018 and inserting December 31, 2019 .

    152. Black lung liability trust fund excise tax

    Section 4121(e)(2)(A) is amended by striking December 31, 2018 and inserting December 31, 2019 .

    II Disaster tax relief 201. Definitions

    For purposes of this title—

    (1) Hurricane Florence (A) Hurricane Florence disaster zone

    The term Hurricane Florence disaster zone means that portion of the Hurricane Florence disaster area determined by the President to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Florence.

    (B) Hurricane Florence disaster area

    The term Hurricane Florence disaster area means an area with respect to which a major disaster has been declared by the President before November 26, 2018, under section 401 of such Act by reason of Hurricane Florence.

    (2) Hurricane Michael (A) Hurricane Michael disaster zone

    The term Hurricane Michael disaster zone means that portion of the Hurricane Michael disaster area determined by the President to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Michael.

    (B) Hurricane Michael disaster area

    The term Hurricane Michael disaster area means an area with respect to which a major disaster has been declared by the President before November 26, 2018, under section 401 of such Act by reason of Hurricane Michael.

    (3) Typhoon Mangkhut (A) Typhoon Mangkhut disaster zone

    The term Typhoon Mangkhut disaster zone means that portion of the Typhoon Mangkhut 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 Typhoon Mangkhut.

    (B) Typhoon Mangkhut disaster area

    The term Typhoon Mangkhut disaster area means an area with respect to which a major disaster has been declared by the President before November 26, 2018, under section 401 of such Act by reason of Typhoon Mangkhut.

    (4) Typhoon Yutu (A) Typhoon Yutu disaster zone

    The term Typhoon Yutu disaster zone means that portion of the Typhoon Yutu 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 Typhoon Yutu.

    (B) Typhoon Yutu disaster area

    The term Typhoon Yutu disaster area means an area with respect to which a major disaster has been declared by the President before November 26, 2018, under section 401 of such Act by reason of Typhoon Yutu.

    (5) Mendocino wildfire (A) Mendocino wildfire disaster zone

    The term Mendocino wildfire disaster zone means that portion of the Mendocino wildfire disaster area determined by the President to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of the wildfire in California commonly known as the Mendocino wildfire of 2018.

    (B) Mendocino wildfire disaster area

    The term Mendocino wildfire disaster area means an area with respect to which between August 4, 2018, and November 26, 2018, a major disaster has been declared by the President under section 401 of such Act by reason of the wildfire in California commonly known as the Mendocino wildfire of 2018.

    (6) Camp and Woolsey wildfire (A) Camp and Woolsey wildfire disaster zone

    The term Camp and Woolsey wildfire disaster zone means that portion of the Camp and Woolsey wildfire disaster area determined by the President to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of the wildfires in California commonly known as the Camp and Woolsey wildfires of 2018.

    (B) Camp and Woolsey wildfire disaster area

    The term Camp and Woolsey wildfire disaster area means an area with respect to which between November 12, 2018, and November 26, 2018, a major disaster has been declared by the President under section 401 of such Act by reason of the wildfires in California commonly known as the Camp and Woolsey wildfires of 2018.

    (7) Kilauea volcanic eruption and earthquakes (A) Kilauea volcanic eruption and earthquake disaster zone

    The term Kilauea volcanic eruption and earthquake disaster zone means that portion of the Kilauea volcanic eruption and earthquake disaster area determined by the President to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of the Kilauea volcanic eruption or earthquakes occurring in Hawaii during the period beginning on May 3, 2018, and ending on August 17, 2018.

    (B) Kilauea volcanic eruption and earthquake disaster area

    The term Kilauea volcanic eruption and earthquake disaster area means an area with respect to which between May 11, 2018, and November 26, 2018, a major disaster has been declared by the President under section 401 of such Act by reason of the Kilauea volcanic eruption or earthquakes occurring in Hawaii during the period beginning on May 3, 2018, and ending on August 17, 2018.

    (8) Hawaii severe storms, flooding, landslides, and mudslides (A) Hawaii severe storms, flooding, landslide, and mudslide disaster zone

    The term Hawaii severe storms, flooding, landslides, and mudslides disaster zone means that portion of the Hawaii severe storms, flooding, landslides, and mudslides disaster area determined by the President to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of the severe storms, flooding, landslides, or mudslides occurring in Hawaii during the period beginning on April 13, 2018, and ending on April 16, 2018.

    (B) Hawaii severe storms, flooding, landslides, and mudslide disasters area

    The term Hawaii severe storms, flooding, landslides, and mudslides disaster area means an area with respect to which between May 8, 2018, and November 26, 2018, a major disaster has been declared by the President under section 401 of such Act by reason of the severe storms, flooding, landslides, or mudslides occurring in Hawaii during the period beginning on April 13, 2018, and ending on April 16, 2018.

    202. Special disaster-related rules for use of retirement funds (a) Tax-Favored withdrawals from retirement plans

    Section 72(t) of the Internal Revenue Code of 1986 shall not apply to any qualified disaster distribution.

    (2) Aggregate dollar limitation (A) In general

    For purposes of this subsection, the aggregate amount of distributions received by an individual which may be treated as qualified disaster distributions for any taxable year shall not exceed the excess (if any) of—

    the aggregate amounts treated as qualified disaster distributions received by such individual for all prior taxable years.

    (B) Treatment of plan distributions

    If a distribution to an individual would (without regard to subparagraph (A)) be a qualified disaster distribution, a plan shall not be treated as violating any requirement of the Internal Revenue Code of 1986 merely because the plan treats such distribution as a qualified disaster distribution, unless the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which includes the employer) to such individual exceeds $100,000.

    For purposes of subparagraph (B), the term controlled group means any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986.

    (D) Special rule for individuals affected by more than one disaster

    The limitation of subparagraph (A) shall be applied separately with respect to distributions described in each clause of paragraph (4)(A).

    (3) Amount distributed may be repaid (A) In general

    Any individual who receives a qualified disaster distribution may, at any time during the 3-year period beginning on the day after the date on which such distribution was received, make 1 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 IRAs

    For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) with respect to a qualified disaster distribution from an eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received the qualified disaster distribution in an eligible rollover distribution (as defined in section 402(c)(4) of such Code) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution.

    (C) Treatment of repayments for distributions from IRAs

    For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) with respect to a qualified disaster distribution from an individual retirement plan (as defined by section 7701(a)(37) of such Code), then, to the extent of the amount of the contribution, the qualified disaster distribution shall be treated as a distribution described in section 408(d)(3) of such Code and as having been transferred to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution.

    For purposes of this subsection—

    (A) Qualified disaster distribution

    Except as provided in paragraph (2), the term qualified disaster distribution means—

    any distribution from an eligible retirement plan made on or after September 7, 2018, and before January 1, 2020, to an individual whose principal place of abode on September 7, 2018, is located in the Hurricane Florence disaster area and who has sustained an economic loss by reason of Hurricane Florence,

    any distribution from an eligible retirement plan made on or after October 7, 2018, and before January 1, 2020, to an individual whose principal place of abode on October 7, 2018, is located in the Hurricane Michael disaster area and who has sustained an economic loss by reason of Hurricane Michael,

    any distribution from an eligible retirement plan made on or after September 10, 2018, and before January 1, 2020, to an individual whose principal place of abode on September 10, 2018, is located in the Typhoon Mangkhut disaster area and who has sustained an economic loss by reason of Typhoon Mangkhut,

    any distribution from an eligible retirement plan made on or after October 24, 2018, and before January 1, 2020, to an individual whose principal place of abode on October 24, 2018, is located in the Typhoon Yutu disaster area and who has sustained an economic loss by reason of Typhoon Yutu,

    any distribution from an eligible retirement plan made on or after July 23, 2018, and before January 1, 2020, to an individual whose principal place of abode during any portion of the period from July 23, 2018, to September 19, 2018, is located in the Mendocino wildfire disaster area and who has sustained an economic loss by reason of the wildfires to which the declaration of such area relates,

    any distribution from an eligible retirement plan made on or after November 8, 2018, and before January 1, 2020, to an individual whose principal place of abode during any portion of the period from November 8, 2018, to November 30, 2018, is located in the Camp and Woolsey wildfire disaster area and who has sustained an economic loss by reason of the wildfires to which the declaration of such area relates,

    any distribution from an eligible retirement plan made on or after May 3, 2018, and before January 1, 2020, to an individual whose principal place of abode during any portion of the period from May 3, 2018, to August 17, 2018, is located in the Kilauea volcanic eruption and earthquake disaster area and who has sustained an economic loss by reason of the volcanic eruption or earthquakes to which the declaration of such area relates, and

    any distribution from an eligible retirement plan made on or after April 13, 2018, and before January 1, 2020, to an individual whose principal place of abode on April 13, 2018, is located in the Hawaii severe storms, flooding, landslides, and mudslides disaster area and who has sustained an economic loss by reason of the severe storms, flooding, landslides, and mudslides to which the declaration of such area relates.

    (B) Eligible retirement plan

    The 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 general

    In the case of any qualified disaster distribution, unless the taxpayer elects not to have this paragraph apply for any taxable year, any amount required to be included in gross income for such taxable year shall be so included ratably over the 3-taxable-year period beginning with such taxable year.

    For 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 rules

    For purposes of sections 401(a)(31), 402(f), and 3405 of the Internal Revenue Code of 1986, qualified disaster distributions shall not be treated as eligible rollover distributions.

    (B) Qualified disaster distributions treated as meeting plan distribution requirements

    For purposes the Internal Revenue Code of 1986, a qualified disaster distribution shall be treated as meeting the requirements of sections 401(k)(2)(B)(I), 403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A) of such Code.

    (b) Recontributions of withdrawals for home purchases

    (1) Recontributions (A) In general

    Any individual who received a qualified distribution may, during the applicable period, make 1 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 repayments

    Rules similar to the rules of subparagraphs (B), (C), and (D) of subsection (a)(3) shall apply for purposes of this subsection.

    For purposes of this subsection—

    The term qualified distribution means any qualified Florence distribution, any qualified Michael distribution, any qualified Mangkhut distribution, any qualified Yutu distribution, any qualified Mendocino distribution, any qualified Camp and Woolsey distribution, any qualified Kilauea distribution, and any qualified Hawaii distribution.

    (B) Qualified Florence distribution

    The term qualified Florence distribution means any distribution—

    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,

    received after February 28, 2018, and before November 8, 2018, and

    which was to be used to purchase or construct a principal residence in the Hurricane Florence disaster area, but which was not so purchased or constructed on account of Hurricane Florence.

    (C) Qualified Michael distribution

    The term qualified Michael distribution means any distribution—

    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,

    received after February 28, 2018, and before November 23, 2018, and

    which was to be used to purchase or construct a principal residence in the Hurricane Michael disaster area, but which was not so purchased or constructed on account of Hurricane Michael.

    (D) Qualified Mangkhut distribution

    The term qualified Mangkhut distribution means any distribution—

    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,

    received after February 28, 2018, and before October 11, 2018, and

    which was to be used to purchase or construct a principal residence in the Typhoon Mangkhut disaster area, but which was not so purchased or constructed on account of Typhoon Mangkhut.

    (E) Qualified Yutu distribution

    The term qualified Yutu distribution means any distribution—

    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,

    received after February 28, 2018, and before November 26, 2018, and

    which was to be used to purchase or construct a principal residence in the Typhoon Mangkhut disaster area, but which was not so purchased or constructed on account of Typhoon Mangkhut.

    (F) Qualified Mendocino distribution

    The term qualified Mendocino distribution means any distribution—

    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,

    received after February 28, 2018, and before October 19, 2018, and

    which was to be used to purchase or construct a principal residence in the Mendocino wildfire disaster area, but which was not so purchased or constructed on account of the wildfires to which the declaration of such area relates.

    (G) Qualified Camp and Woolsey distribution

    The term qualified Camp and Woolsey distribution means any distribution—

    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,

    received after February 28, 2018, and before December 30, 2018, and

    which was to be used to purchase or construct a principal residence in the Camp and Woolsey wildfire disaster area, but which was not so purchased or constructed on account of the wildfires to which the declaration of such area relates.

    (H) Qualified Kilauea distribution

    The term qualified Kilauea distribution means any distribution—

    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,

    received after February 28, 2018, and before September 17, 2019, and

    which was to be used to purchase or construct a principal residence in the Kilauea disaster area, but which was not so purchased or constructed on account of the volcanic eruption and earthquakes to which the declaration of such area relates.

    (I) Qualified Hawaii distribution

    The term qualified Hawaii distribution means any distribution—

    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,

    received after February 28, 2018, and before May 16, 2018, and

    which was to be used to purchase or construct a principal residence in the Hawaii severe storms, flooding, landslides, and mudslides disaster area, but which was not so purchased or constructed on account of the severe storms, flooding, landslides, and mudslides to which the declaration of such area relates.

    For purposes of this subsection, the term applicable period means—

    with respect to any qualified Florence distribution, the period beginning on September 7, 2018, and ending on February 28, 2019,

    with respect to any qualified Michael distribution, the period beginning on October 7, 2018, and ending on February 28, 2019,

    with respect to any qualified Mangkhut distribution, the period beginning on September 10, 2018, and ending on February 28, 2019,

    with respect to any qualified Yutu distribution, the period beginning on October 24, 2018, and ending on February 28, 2019,

    with respect to any qualified Mendocino distribution, the period beginning on July 23, 2018, and ending on February 28, 2019,

    with respect to any qualified Camp and Woolsey distribution, the period beginning on November 8, 2018, and ending on February 28, 2019,

    with respect to any qualified Kilauea distribution, the period beginning on May 3, 2018, and ending on February 28, 2019, and

    with respect to any qualified Hawaii distribution, the period beginning on April 13, 2018, and ending on February 28, 2019.

    (c) Loans from qualified plans

    (1) Increase in limit on loans not treated as distributions

    In the case of any loan from a qualified employer plan (as defined under section 72(p)(4) of the Internal Revenue Code of 1986) to a qualified individual made during the period beginning on the date of the enactment of this Act and ending on December 31, 2019—

    clause (i) of section 72(p)(2)(A) of such Code shall be applied by substituting $100,000 for $50,000 , and

    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 .

    In the case of a qualified individual with an outstanding loan on or after the qualified beginning date from a qualified employer plan (as defined in section 72(p)(4) of the Internal Revenue Code of 1986)—

    if the due date pursuant to subparagraph (B) or (C) of section 72(p)(2) of such Code for any repayment with respect to such loan occurs during the period beginning on the qualified beginning date and ending on December 31, 2019, such due date shall be delayed for 1 year,

    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

    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.

    For purposes of this subsection—

    The term qualified individual means any qualified Florence individual, any qualified Michael individual, any qualified Mangkhut individual, any qualified Yutu individual, any qualified Mendocino individual, any qualified Camp and Woolsey individual, any qualified Kilauea individual, and any qualified Hawaii individual.

    (B) Qualified Florence individual

    The term qualified Florence individual means any individual whose principal place of abode on September 7, 2018, is located in the Hurricane Florence disaster area and who has sustained an economic loss by reason of Hurricane Florence.

    (C) Qualified Michael individual

    The term qualified Michael individual means any individual whose principal place of abode on October 7, 2018, is located in the Hurricane Michael disaster area and who has sustained an economic loss by reason of Hurricane Michael.

    (D) Qualified Mangkhut individual

    The term qualified Mangkhut individual means any individual whose principal place of abode on September 10, 2018, is located in the Typhoon Mangkhut disaster area and who has sustained an economic loss by reason of Typhoon Mangkhut.

    (E) Qualified Yutu individual

    The term qualified Yutu individual means any individual whose principal place of abode on October 24, 2018, is located in the Typhoon Yutu disaster area and who has sustained an economic loss by reason of Typhoon Yutu.

    (F) Qualified Mendocino individual

    The term qualified Mendocino individual means any individual whose principal place of abode during any portion of the period from July 23, 2018, to September 19, 2018, is located in the Mendocino wildfire disaster area and who has sustained an economic loss by reason of wildfires to which the declaration of such area relates.

    (G) Qualified Camp and Woolsey individual

    The term qualified Camp and Woolsey individual means any individual whose principal place of abode during any portion of the period from November 8, 2018, to November 30, 2018, is located in the Camp and Woolsey wildfire disaster area and who has sustained an economic loss by reason of wildfires to which the declaration of such area relates.

    (H) Qualified Kilauea individual

    The term qualified Kilauea individual means any individual whose principal place of abode during any portion of the period from May 3, 2018, to August 17, 2018, is located in the Kilauea volcanic eruption and earthquake disaster area and who has sustained an economic loss by reason of the volcanic eruption and earthquakes to which the declaration of such area relates.

    (I) Qualified Hawaii individual

    The term qualified Hawaii individual means any individual whose principal place of abode on April 13, 2018, is located in the Hawaii severe storms, flooding, landslides and mudslides disaster area and who has sustained an economic loss by reason of the severe storms, flooding, landslides, and mudslides to which the declaration of such area relates.

    (4) Qualified beginning date

    For purposes of this subsection—

    In the case of any qualified Florence individual, the qualified beginning date is September 7, 2018.

    In the case of any qualified Michael individual, the qualified beginning date is October 7, 2018.

    In the case of any qualified Mangkhut individual, the qualified beginning date is September 10, 2018.

    In the case of any qualified Yutu individual, the qualified beginning date is October 24, 2018.

    In the case of any qualified Mendocino individual, the qualified beginning date is July 23, 2018.

    (F) Camp and Woolsey wildfire

    In the case of any qualified Camp and Woolsey individual, the qualified beginning date is November 8, 2018.

    (G) Kilauea volcanic eruption and earthquakes

    In the case of any qualified Kilauea individual, the qualified beginning date is May 3, 2018.

    (H) Hawaii severe storms, flooding, landslides, and mudslides

    In the case of any qualified Hawaii individual, the qualified beginning date is April 13, 2018.

    (d) Provisions relating to plan amendments

    If 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 general

    This subsection shall apply to any amendment to any plan or annuity contract which is made—

    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

    on or before the last day of the first plan year beginning on or after January 1, 2020, or such later date as the Secretary may prescribe.

    In the case of a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986), clause (ii) shall be applied by substituting the date which is 2 years after the date otherwise applied under clause (ii). (B) Conditions

    This subsection shall not apply to any amendment unless—

    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

    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.

    203. Employment relief (a) Employee retention credit for employers affected by Hurricane Florence

    For purposes of section 38 of the Internal Revenue Code of 1986, in the case of an eligible employer, the Hurricane Florence employee retention credit shall be treated as a credit listed in subsection (b) of such section. For purposes of this subsection, the Hurricane Florence employee retention credit for any taxable year is an amount equal to 40 percent of the qualified wages with respect to each eligible employee of such employer for such taxable year. For purposes of the preceding sentence, the amount of qualified wages which may be taken into account with respect to any individual shall not exceed $6,000.

    For purposes of this subsection—

    The term eligible employer means any employer—

    which conducted an active trade or business on September 7, 2018, in the Hurricane Florence disaster zone, and

    with respect to whom the trade or business described in clause (i) is inoperable on any day after September 7, 2018, and before January 1, 2019, as a result of damage sustained by reason of Hurricane Florence.

    The term eligible employee means with respect to an eligible employer an employee whose principal place of employment on September 7, 2018, with such eligible employer was in the Hurricane Florence disaster zone.

    The term qualified wages means wages (as defined in section 51(c)(1) of the Internal Revenue Code of 1986, but without regard to section 3306(b)(2)(B) of such Code) paid or incurred by an eligible employer with respect to an eligible employee on any day after September 7, 2018, and before January 1, 2019, which occurs during the period—

    beginning on the date on which the trade or business described in subparagraph (A) first became inoperable at the principal place of employment of the employee immediately before Hurricane Florence, and

    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.

    For purposes of this subsection, rules similar to the rules of sections 51(i)(1), 52, and 280C(a), of the Internal Revenue Code of 1986, shall apply.

    (4) Employee not taken into account more than once

    An employee shall not be treated as an eligible employee for purposes of this subsection for any period with respect to any employer if such employer is allowed a credit under section 51 of the Internal Revenue Code of 1986 with respect to such employee for such period.

    (b) Employee retention credit for employers affected by Hurricane Michael

    For purposes of section 38 of the Internal Revenue Code of 1986, in the case of an eligible employer, the Hurricane Michael employee retention credit shall be treated as a credit listed in subsection (b) of such section. For purposes of this subsection, the Hurricane Michael employee retention credit for any taxable year is an amount equal to 40 percent of the qualified wages with respect to each eligible employee of such employer for such taxable year. For purposes of the preceding sentence, the amount of qualified wages which may be taken into account with respect to any individual shall not exceed $6,000.

    For purposes of this subsection—

    The term eligible employer means any employer—

    which conducted an active trade or business on October 7, 2018, in the Hurricane Michael disaster zone, and

    with respect to whom the trade or business described in clause (i) is inoperable on any day after October 7, 2018, and before January 1, 2019, as a result of damage sustained by reason of Hurricane Michael.

    The term eligible employee means with respect to an eligible employer an employee whose principal place of employment on October 7, 2018, with such eligible employer was in the Hurricane Michael disaster zone.

    The term qualified wages means wages (as defined in section 51(c)(1) of the Internal Revenue Code of 1986, but without regard to section 3306(b)(2)(B) of such Code) paid or incurred by an eligible employer with respect to an eligible employee on any day after October 7, 2018, and before January 1, 2019, which occurs during the period—

    beginning on the date on which the trade or business described in subparagraph (A) first became inoperable at the principal place of employment of the employee immediately before Hurricane Michael, and

    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.

    For purposes of this subsection, rules similar to the rules of sections 51(i)(1), 52, and 280C(a), of the Internal Revenue Code of 1986, shall apply.

    (4) Employee not taken into account more than once

    An employee shall not be treated as an eligible employee for purposes of this subsection for any period with respect to any employer if such employer is allowed a credit under section 51 of the Internal Revenue Code of 1986 with respect to such employee for such period.

    (c) Employee retention credit for employers affected by Typhoon Mangkhut

    For purposes of section 38 of the Internal Revenue Code of 1986, in the case of an eligible employer, the Typhoon Mangkhut employee retention credit shall be treated as a credit listed in subsection (b) of such section. For purposes of this subsection, the Typhoon Mangkhut 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.

    For purposes of this subsection—

    The term eligible employer means any employer—

    which conducted an active trade or business on September 10, 2018, in the Typhoon Mangkhut disaster zone, and

    with respect to whom the trade or business described in clause (i) is inoperable on any day after September 10, 2018, and before January 1, 2019, as a result of damage sustained by reason of Typhoon Mangkhut.

    The term eligible employee means with respect to an eligible employer an employee whose principal place of employment on September 10, 2018, with such eligible employer was in the Typhoon Mangkhut disaster zone.

    The term qualified wages means wages (as defined in section 51(c)(1) of the Internal Revenue Code of 1986, but without regard to section 3306(b)(2)(B) of such Code) paid or incurred by an eligible employer with respect to an eligible employee on any day after September 10, 2018, and before January 1, 2019, which occurs during the period—

    beginning on the date on which the trade or business described in subparagraph (A) first became inoperable at the principal place of employment of the employee immediately before Typhoon Mangkhut, and

    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.

    For purposes of this subsection, rules similar to the rules of sections 51(i)(1), 52, and 280C(a), of the Internal Revenue Code of 1986, shall apply.

    (4) Employee not taken into account more than once

    An employee shall not be treated as an eligible employee for purposes of this subsection for any period with respect to any employer if such employer is allowed a credit under section 51 of the Internal Revenue Code of 1986 with respect to such employee for such period.

    (d) Employee retention credit for employers affected by Typhoon Yutu

    For purposes of section 38 of the Internal Revenue Code of 1986, in the case of an eligible employer, the Typhoon Yutu employee retention credit shall be treated as a credit listed in subsection (b) of such section. For purposes of this subsection, the Typhoon Yutu 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.

    For purposes of this subsection—

    The term eligible employer means any employer—

    which conducted an active trade or business on October 24, 2018, in the Typhoon Yutu disaster zone, and

    with respect to whom the trade or business described in clause (i) is inoperable on any day after October 24, 2018, and before January 1, 2019, as a result of damage sustained by reason of Typhoon Yutu.

    The term eligible employee means with respect to an eligible employer an employee whose principal place of employment on October 24, 2018, with such eligible employer was in the Typhoon Yutu disaster zone.

    The 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 24, 2018, and before January 1, 2019, which occurs during the period—

    beginning on the date on which the trade or business described in subparagraph (A) first became inoperable at the principal place of employment of the employee immediately before Typhoon Yutu, and

    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.

    For purposes of this subsection, rules similar to the rules of sections 51(i)(1), 52, and 280C(a), of the Internal Revenue Code of 1986, shall apply.

    (4) Employee not taken into account more than once

    An employee shall not be treated as an eligible employee for purposes of this subsection for any period with respect to any employer if such employer is allowed a credit under section 51 of the Internal Revenue Code of 1986 with respect to such employee for such period.

    (e) Employee retention credit for employers affected by Mendocino wildfires

    For purposes of section 38 of the Internal Revenue Code of 1986, in the case of an eligible employer, the Mendocino wildfire employee retention credit shall be treated as a credit listed in subsection (b) of such section. For purposes of this subsection, the Mendocino 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.

    For purposes of this subsection—

    The term eligible employer means any employer—

    which conducted an active trade or business for any portion of the period from July 23, 2018, to September 19, 2018, in the Mendocino wildfire disaster zone, and

    with respect to whom the trade or business described in clause (i) is inoperable on any day after September 19, 2018, and before January 1, 2019, as a result of damage sustained by reason of the wildfires to which the declaration of the Mendocino wildfire disaster area relates.

    The term eligible employee means with respect to an eligible employer an employee whose principal place of employment for any portion of the period from July 23, 2018, to September 19, 2018, with such eligible employer was in the Mendocino wildfire disaster zone.

    The term qualified wages means wages (as defined in section 51(c)(1) of the Internal Revenue Code of 1986, but without regard to section 3306(b)(2)(B) of such Code) paid or incurred by an eligible employer with respect to an eligible employee on any day after July 23, 2018, and before January 1, 2019, which occurs during the period—

    beginning on the date on which the trade or business described in subparagraph (A) first became inoperable at the principal place of employment of the employee immediately before the wildfires to which the declaration of the Mendocino wildfire disaster area relates, and

    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.

    For purposes of this subsection, rules similar to the rules of sections 51(i)(1), 52, and 280C(a), of the Internal Revenue Code of 1986, shall apply.

    (4) Employee not taken into account more than once

    An employee shall not be treated as an eligible employee for purposes of this subsection for any period with respect to any employer if such employer is allowed a credit under section 51 of the Internal Revenue Code of 1986 with respect to such employee for such period.

    (f) Employee retention credit for employers affected by Camp and Woolsey wildfires

    For purposes of section 38 of the Internal Revenue Code of 1986, in the case of an eligible employer, the Camp and Woolsey wildfire employee retention credit shall be treated as a credit listed in subsection (b) of such section. For purposes of this subsection, the Camp and Woolsey 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.

    For purposes of this subsection—

    The term eligible employer means any employer—

    which conducted an active trade or business for any portion of the period from November 8, 2018, to November 30, 2018, in the Camp and Woolsey wildfire disaster zone, and

    with respect to whom the trade or business described in clause (i) is inoperable on any day after November 8, 2018, and before January 1, 2019, as a result of damage sustained by reason of the wildfires to which the declaration of the Camp and Woolsey wildfire disaster area relates.

    The term eligible employee means with respect to an eligible employer an employee whose principal place of employment for any portion of the period from November 8, 2018, to November 30, 2018, with such eligible employer was in the Camp and Woolsey wildfire disaster zone.

    The term qualified wages means wages (as defined in section 51(c)(1) of the Internal Revenue Code of 1986, but without regard to section 3306(b)(2)(B) of such Code) paid or incurred by an eligible employer with respect to an eligible employee on any day after November 8, 2018, and before January 1, 2019, which occurs during the period—

    beginning on the date on which the trade or business described in subparagraph (A) first became inoperable at the principal place of employment of the employee immediately before the wildfires to which the declaration of the Camp and Woolsey wildfire disaster area relates, and

    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.

    For purposes of this subsection, rules similar to the rules of sections 51(i)(1), 52, and 280C(a), of the Internal Revenue Code of 1986, shall apply.

    (4) Employee not taken into account more than once

    An employee shall not be treated as an eligible employee for purposes of this subsection for any period with respect to any employer if such employer is allowed a credit under section 51 of the Internal Revenue Code of 1986 with respect to such employee for such period.

    (g) Employee retention credit for employers affected by Kilauea volcanic eruption and earthquakes

    For purposes of section 38 of the Internal Revenue Code of 1986, in the case of an eligible employer, the Kilauea volcanic eruption and earthquake employee retention credit shall be treated as a credit listed in subsection (b) of such section. For purposes of this subsection, the Kilauea volcanic eruption and earthquake 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.

    For purposes of this subsection—

    The term eligible employer means any employer—

    which conducted an active trade or business for any portion of the period from May 3, 2018, to August 17, 2018, in the Kilauea volcanic eruption and earthquake disaster zone, and

    with respect to whom the trade or business described in clause (i) is inoperable on any day after May 3, 2018, and before January 1, 2019, as a result of damage sustained by reason of the volcanic eruption or earthquakes to which the declaration of the Kilauea volcanic eruption and earthquake disaster area relates.

    The term eligible employee means with respect to an eligible employer an employee whose principal place of employment for any portion of the period from May 3, 2018, to August 17, 2018, with such eligible employer was in the Kilauea volcanic eruption and earthquake disaster zone.

    The 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 May 3, 2018, and before January 1, 2019, which occurs during the period—

    beginning on the date on which the trade or business described in subparagraph (A) first became inoperable at the principal place of employment of the employee immediately before the volcanic eruption or earthquakes to which the declaration of the Kilauea volcanic eruption and earthquake disaster area relates, and

    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.

    For purposes of this subsection, rules similar to the rules of sections 51(i)(1), 52, and 280C(a), of the Internal Revenue Code of 1986, shall apply.

    (4) Employee not taken into account more than once

    An employee shall not be treated as an eligible employee for purposes of this subsection for any period with respect to any employer if such employer is allowed a credit under section 51 of the Internal Revenue Code of 1986 with respect to such employee for such period.

    (h) Employee retention credit for employers affected by Hawaii severe storms, flooding, landslides, and mudslides

    For purposes of section 38 of the Internal Revenue Code of 1986, in the case of an eligible employer, the Hawaii severe storms, flooding, landslides, and mudslides employee retention credit shall be treated as a credit listed in subsection (b) of such section. For purposes of this subsection, the Hawaii severe storms, flooding, landslides, and mudslides 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.

    For purposes of this subsection—

    The term eligible employer means any employer—

    which conducted an active trade or business on April 13, 2018, in the Hawaii severe storms, flooding, mudslides, and landslides disaster zone, and

    with respect to whom the trade or business described in clause (i) is inoperable on any day after April 13, 2018, and before January 1, 2019, as a result of damage sustained by reason of the severe storms, flooding, mudslides, or landslides to which the declaration of the Hawaii severe storms, flooding, mudslides, and landslides area relates.

    The term eligible employee means with respect to an eligible employer an employee whose principal place of employment on April 13, 2018, with such eligible employer was in the Hawaii severe storms, flooding, landslides, and mudslides disaster zone.

    The 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 April 13, 2018, and before January 1, 2019, which occurs during the period—

    beginning on the date on which the trade or business described in subparagraph (A) first became inoperable at the principal place of employment of the employee immediately before the severe storms, flooding, landslides, and mudslides to which the declaration of the Hawaii severe storms, flooding, landslides, and mudslides disaster area relates, and

    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.

    For purposes of this subsection, rules similar to the rules of sections 51(i)(1), 52, and 280C(a), of the Internal Revenue Code of 1986, shall apply.

    (4) Employee not taken into account more than once

    An employee shall not be treated as an eligible employee for purposes of this subsection for any period with respect to any employer if such employer is allowed a credit under section 51 of the Internal Revenue Code of 1986 with respect to such employee for such period.

    204. Other disaster-related tax relief provisions (a) Temporary suspension of limitations on charitable contributions

    Except 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 contributions

    For purposes of section 170 of the Internal Revenue Code of 1986—

    In the case of an individual—

    Any qualified contribution shall be allowed only to the extent that the aggregate of such contributions does not exceed the excess of the taxpayer's contribution base (as defined in subparagraph (H) of section 170(b)(1) of such Code) over the amount of all other charitable contributions allowed under section 170(b)(1) of such Code.

    If 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.

    In the case of a corporation—

    Any 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.

    Rules similar to the rules of subparagraph (A)(ii) shall apply for purposes of this subparagraph.

    (3) Qualified contributions (A) In general

    For 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—

    is paid during the period beginning on April 13, 2018, and ending on December 31, 2018, in cash to an organization described in section 170(b)(1)(A) of such Code, and

    is made for relief efforts in the Hurricane Florence disaster area, the Hurricane Michael disaster area, the Typhoon Mangkhut disaster area, the Typhoon Yutu disaster area, the Mendocino wildfire disaster area, the Camp and Woolsey wildfire disaster area, the Kilauea volcanic eruption and earthquake disaster area, or the Hawaii severe storms, flooding, landslides, and mudslides disaster area,

    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

    the taxpayer has elected the application of this subsection with respect to such contribution.

    Such term shall not include a contribution by a donor if the contribution is—

    to an organization described in section 509(a)(3) of the Internal Revenue Code of 1986, or

    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 corporations

    In 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

    If an individual has a net disaster loss for any taxable year—

    the amount determined under section 165(h)(2)(A)(ii) of the Internal Revenue Code of 1986 shall be equal to the sum of—

    such net disaster loss, and

    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,

    section 165(h)(1) of such Code shall be applied by substituting $500 for $500 ($100 for taxable years beginning after December 31, 2009) ,

    the standard deduction determined under section 63(c) of such Code shall be increased by the net disaster loss, and

    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.

    For purposes of this subsection, the term net disaster loss means the excess of qualified disaster-related personal casualty losses over personal casualty gains (as defined in section 165(h)(3)(A) of the Internal Revenue Code of 1986).

    (3) Qualified disaster-related personal casualty losses

    For purposes of this subsection, the term qualified disaster-related personal casualty losses means—

    losses described in section 165(c)(3) of the Internal Revenue Code of 1986 which arise in the Hurricane Florence disaster area on or after September 7, 2018, and which are attributable to Hurricane Florence,

    losses described in section 165(c)(3) of the Internal Revenue Code of 1986 which arise in the Hurricane Michael disaster area on or after October 7, 2018, and which are attributable to Hurricane Michael,

    losses described in section 165(c)(3) of the Internal Revenue Code of 1986 which arise in the Typhoon Mangkhut disaster area on or after September 10, 2018, and which are attributable to Typhoon Mangkhut,

    losses described in section 165(c)(3) of the Internal Revenue Code of 1986 which arise in the Typhoon Yutu disaster area on or after October 24, 2018, and which are attributable to Typhoon Yutu,

    losses described in section 165(c)(3) of the Internal Revenue Code of 1986 which arise in the Mendocino wildfire disaster area on or after July 23, 2018, and which are attributable to the wildfires to which the declaration of such area relates,

    losses described in section 165(c)(3) of the Internal Revenue Code of 1986 which arise in the Camp and Woolsey wildfire disaster area on or after November 8, 2018, and which are attributable to the wildfires to which the declaration of such area relates,

    losses described in section 165(c)(3) of the Internal Revenue Code of 1986 which arise in the Kilauea volcanic eruption and earthquake disaster area on or after May 3, 2018, and which are attributable to the volcanic eruption or earthquakes to which the declaration of such area relates, and

    losses described in section 165(c)(3) of the Internal Revenue Code of 1986 which arise in the Hawaii severe storms, flooding, landslides, and mudslides disaster area on or after April 13, 2018, and which are attributable to the severe storms, flooding, landslides, and mudslides to which the declaration of such area relates.

    (c) Special rule for determining earned income

    In the case of a qualified individual, if the earned income of the taxpayer for the applicable taxable year is less than the earned income of the taxpayer for the preceding taxable year, the credits allowed under sections 24(d) and 32 of the Internal Revenue Code of 1986 may, at the election of the taxpayer, be determined by substituting—

    such earned income for the preceding taxable year, for

    such earned income for the applicable taxable year.

    For purposes of this subsection—

    The term qualified individual means any qualified Florence individual, any qualified Michael individual, any qualified Mangkhut individual, any qualified Yutu individual, any qualified Mendocino individual, any qualified Camp and Woolsey individual, any qualified Kilauea individual, and any qualified Hawaii individual.

    (B) Qualified Florence individual

    The term qualified Florence individual means any individual whose principal place of abode on September 7, 2018, was located—

    in the Hurricane Florence disaster zone, or

    in the Hurricane Florence disaster area (but outside the Hurricane Florence disaster zone) and such individual was displaced from such principal place of abode by reason of Hurricane Florence.

    (C) Qualified Michael individual

    The term qualified Michael individual means any individual whose principal place of abode on October 7, 2018, was located—

    in the Hurricane Michael disaster zone, or

    in the Hurricane Michael disaster area (but outside the Hurricane Michael disaster zone) and such individual was displaced from such principal place of abode by reason of Hurricane Michael.

    (D) Qualified Mangkhut individual

    The term qualified Mangkhut individual means any individual whose principal place of abode on September 10, 2018, was located—

    in the Typhoon Mangkhut disaster zone, or

    in the Typhoon Mangkhut disaster area (but outside the Typhoon Mangkhut disaster zone) and such individual was displaced from such principal place of abode by reason of Typhoon Mangkhut.

    (E) Qualified Yutu individual

    The term qualified Yutu individual means any individual whose principal place of abode on October 24, 2018, was located—

    in the Typhoon Yutu disaster zone, or

    in the Typhoon Yutu disaster area (but outside the Typhoon Yutu disaster zone) and such individual was displaced from such principal place of abode by reason of Typhoon Yutu.

    (F) Qualified Mendocino individual

    The term qualified Mendocino individual means any individual whose principal place of abode during any portion of the period from July 23, 2018, to September 19, 2018, was located—

    in the Mendocino wildfire disaster zone, or

    in the Mendocino wildfire disaster area (but outside the Mendocino 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.

    (G) Qualified Camp and Woolsey individual

    The term qualified Camp and Woolsey individual means any individual whose principal place of abode during any portion of the period from November 8, 2018, to November 30, 2018, was located—

    in the Camp and Woolsey wildfire disaster zone, or

    in the Camp and Woolsey wildfire disaster area (but outside the Camp and Woolsey 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.

    (H) Qualified Kilauea individual

    The term qualified Kilauea individual means any individual whose principal place of abode during any portion of the period from May 3, 2018, to August 17, 2018, was located—

    in the Kilauea volcanic eruption and earthquake disaster zone, or

    in the Kilauea volcanic eruption and earthquake disaster area (but outside the Kilauea volcanic eruption and earthquake disaster zone) and such individual was displaced from such principal place of abode by reason of the volcanic eruption or earthquakes to which the declaration of such area relates.

    (I) Qualified Hawaii individual

    The term qualified Hawaii individual means any individual whose principal place of abode on April 13, 2018, was located—

    in the Hawaii severe storms, flooding, landslides, and mudslides disaster zone, or

    in the Hawaii severe storms, flooding, landslides, and mudslides disaster area (but outside the Hawaii severe storms, flooding, landslides, and mudslides disaster zone) and such individual was displaced from such principal place of abode by reason of the severe storms, flooding, landslides, or mudslides to which the declaration of such area relates.

    (3) Applicable taxable year

    The term applicable taxable year means the taxable year which includes—

    in the case of a qualified Florence individual, September 7, 2018,

    in the case of a qualified Michael individual, October 7, 2018,

    in the case of a qualified Mangkhut individual, September 10, 2018,

    in the case of a qualified Yutu individual, October 24, 2018,

    in the case of a qualified Mendocino individual, any portion of the period from July 23, 2018, to September 19, 2018,

    in the case of a qualified Camp and Woolsey individual, any portion of the period from November 8, 2018, to November 30, 2018,

    in the case of a qualified Kilauea individual, any portion of the period from May 3, 2018, to August 17, 2018, and

    in the case of a qualified Hawaii individual, April 13, 2018.

    For purposes of this subsection, the term earned income has the meaning given such term under section 32(c) of the Internal Revenue Code of 1986.

    (5) Special rules (A) Application to joint returns

    For purposes of paragraph (1), in the case of a joint return for an applicable taxable year—

    such paragraph shall apply if either spouse is a qualified individual, and

    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 election

    Any 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 error

    For 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, etc

    Except as otherwise provided in this subsection, the Internal Revenue Code of 1986 shall be applied without regard to any substitution under paragraph (1).

    205. Treatment of certain possessions (a) Payments to Guam and the Commonwealth of the Northern Mariana Islands

    The Secretary of the Treasury shall pay to Guam and the Commonwealth of the Northern Mariana Islands amounts equal to the loss to that possession by reason of the application of the provisions of this title. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession.

    For purposes of section 1324 of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from a credit provision described in subsection (b)(2) of such section.

    III Retirement and savings A Expanding and preserving retirement savings 301. Multiple employer plans pooled employer plans (a) Qualification requirements

    Section 413 is amended by adding at the end the following new subsection:

    (e) Application of qualification requirements for certain multiple employer plans with pooled plan providers

    Except as provided in paragraph (2), if a defined contribution plan to which subsection (c) applies—

    is maintained by employers which have a common interest other than having adopted the plan, or

    in the case of a plan not described in subparagraph (A), has a pooled plan provider,

    then the plan shall not be treated as failing to meet the requirements under this title applicable to a plan described in section 401(a) or to a plan that consists of individual retirement accounts described in section 408 (including by reason of subsection (c) thereof), whichever is applicable, merely because one or more employers of employees covered by the plan fail to take such actions as are required of such employers for the plan to meet such requirements.

    (2) Limitations (A) In general

    Paragraph (1) shall not apply to any plan unless the terms of the plan provide that in the case of any employer in the plan failing to take the actions described in paragraph (1)—

    the assets of the plan attributable to employees of such employer (or beneficiaries of such employees) will be transferred to a plan maintained only by such employer (or its successor), to an eligible retirement plan as defined in section 402(c)(8)(B) for each individual whose account is transferred, or to any other arrangement that the Secretary determines is appropriate, unless the Secretary determines it is in the best interests of the employees of such employer (and the beneficiaries of such employees) to retain the assets in the plan, and

    such employer (and not the plan with respect to which the failure occurred or any other employer in such plan) shall, except to the extent provided by the Secretary, be liable for any liabilities with respect to such plan attributable to employees of such employer (or beneficiaries of such employees).

    (B) Failures by pooled plan providers

    If the pooled plan provider of a plan described in paragraph (1)(B) does not perform substantially all of the administrative duties which are required of the provider under paragraph (3)(A)(i) for any plan year, the Secretary may provide that the determination as to whether the plan meets the requirements under this title applicable to a plan described in section 401(a) or to a plan that consists of individual retirement accounts described in section 408 (including by reason of subsection (c) thereof), whichever is applicable, shall be made in the same manner as would be made without regard to paragraph (1).

    (3) Pooled plan provider (A) In general

    For purposes of this subsection, the term pooled plan provider means, with respect to any plan, a person who—

    is designated by the terms of the plan as a named fiduciary (within the meaning of section 402(a)(2) of the Employee Retirement Income Security Act of 1974), as the plan administrator, and as the person responsible to perform all administrative duties (including conducting proper testing with respect to the plan and the employees of each employer in the plan) which are reasonably necessary to ensure that—

    the plan meets any requirement applicable under the Employee Retirement Income Security Act of 1974 or this title to a plan described in section 401(a) or to a plan that consists of individual retirement accounts described in section 408 (including by reason of subsection (c) thereof), whichever is applicable, and

    each employer in the plan takes such actions as the Secretary or such person determines are necessary for the plan to meet the requirements described in subclause (I), including providing to such person any disclosures or other information which the Secretary may require or which such person otherwise determines are necessary to administer the plan or to allow the plan to meet such requirements,

    registers as a pooled plan provider with the Secretary, and provides such other information to the Secretary as the Secretary may require, before beginning operations as a pooled plan provider,

    acknowledges in writing that such person is a named fiduciary (within the meaning of section 402(a)(2) of the Employee Retirement Income Security Act of 1974), and the plan administrator, with respect to the plan, and

    is responsible for ensuring that all persons who handle assets of, or who are fiduciaries of, the plan are bonded in accordance with section 412 of the Employee Retirement Income Security Act of 1974.

    (B) Audits, examinations and investigations

    The Secretary may perform audits, examinations, and investigations of pooled plan providers as may be necessary to enforce and carry out the purposes of this subsection.

    For purposes of this paragraph, in determining whether a person meets the requirements of this paragraph to be a pooled plan provider with respect to any plan, all persons who perform services for the plan and who are treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as one person.

    (D) Treatment of employers as plan sponsors

    Except with respect to the administrative duties of the pooled plan provider described in subparagraph (A)(i), each employer in a plan which has a pooled plan provider shall be treated as the plan sponsor with respect to the portion of the plan attributable to employees of such employer (or beneficiaries of such employees).

    The Secretary shall issue such guidance as the Secretary determines appropriate to carry out this subsection, including guidance—

    to identify the administrative duties and other actions required to be performed by a pooled plan provider under this subsection,

    which describes the procedures to be taken to terminate a plan which fails to meet the requirements to be a plan described in paragraph (1), including the proper treatment of, and actions needed to be taken by, any employer in the plan and the assets and liabilities of the plan attributable to employees of such employer (or beneficiaries of such employees), and

    identifying appropriate cases to which the rules of paragraph (2)(A) will apply to employers in the plan failing to take the actions described in paragraph (1).

    The Secretary shall take into account under subparagraph (C) whether the failure of an employer or pooled plan provider to provide any disclosures or other information, or to take any other action, necessary to administer a plan or to allow a plan to meet requirements applicable to the plan under section 401(a) or 408, whichever is applicable, has continued over a period of time that demonstrates a lack of commitment to compliance.

    The Secretary shall publish model plan language which meets the requirements of this subsection and of paragraphs (43) and (44) of section 3 of the Employee Retirement Income Security Act of 1974 and which may be adopted in order for a plan to be treated as a plan described in paragraph (1)(B).

    Section 413(c)(2) is amended by striking section 401(a) and inserting sections 401(a) and 408(c) .

    Section 408(c) is amended by inserting after paragraph (2) the following new paragraph:

    There is a separate accounting for any interest of an employee or member (or spouse of an employee or member) in a Roth IRA.

    (b) No common interest required for pooled employer plans

    Section 3(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(2)) is amended by adding at the end the following:

    A pooled employer plan shall be treated as—

    a single employee pension benefit plan or single pension plan and

    a plan to which section 210(a) applies.

    Section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002) is amended by adding at the end the following:

    (43) Pooled employer plan (A) In general

    The term pooled employer plan means a plan—

    which is an individual account plan established or maintained for the purpose of providing benefits to the employees of 2 or more employers

    which is a plan described in section 401(a) of the Internal Revenue Code of 1986 which includes a trust exempt from tax under section 501(a) of such Code or a plan that consists of individual retirement accounts described in section 408 of such Code (including by reason of subsection (c) thereof) and

    the terms of which meet the requirements of subparagraph (B).

    Such term shall not include a plan maintained by employers which have a common interest other than having adopted the plan. (B) Requirements for plan terms

    The requirements of this subparagraph are met with respect to any plan if the terms of the plan—

    designate a pooled plan provider and provide that the pooled plan provider is a named fiduciary of the plan

    designate one or more trustees meeting the requirements of section 408(a)(2) of the Internal Revenue Code of 1986 (other than an employer in the plan) to be responsible for collecting contributions to, and holding the assets of, the plan and require such trustees to implement written contribution collection procedures that are reasonable, diligent, and systematic

    provide that each employer in the plan retains fiduciary responsibility for—

    the selection and monitoring in accordance with section 404(a) of the person designated as the pooled plan provider and any other person who, in addition to the pooled plan provider, is designated as a named fiduciary of the plan and

    to the extent not otherwise delegated to another fiduciary by the pooled plan provider and subject to the provisions of section 404(c), the investment and management of the portion of the plan’s assets attributable to the employees of the employer (or beneficiaries of such employees)

    provide that employers in the plan, and participants and beneficiaries, are not subject to unreasonable restrictions, fees, or penalties with regard to ceasing participation, receipt of distributions, or otherwise transferring assets of the plan in accordance with section 208 or paragraph (44)(C)(i)(II)

    the pooled plan provider to provide to employers in the plan any disclosures or other information which the Secretary may require, including any disclosures or other information to facilitate the selection or any monitoring of the pooled plan provider by employers in the plan and

    each employer in the plan to take such actions as the Secretary or the pooled plan provider determines are necessary to administer the plan or for the plan to meet any requirement applicable under this Act or the Internal Revenue Code of 1986 to a plan described in section 401(a) of such Code or to a plan that consists of individual retirement accounts described in section 408 of such Code (including by reason of subsection (c) thereof), whichever is applicable, including providing any disclosures or other information which the Secretary may require or which the pooled plan provider otherwise determines are necessary to administer the plan or to allow the plan to meet such requirements and

    provide that any disclosure or other information required to be provided under clause (v) may be provided in electronic form and will be designed to ensure only reasonable costs are imposed on pooled plan providers and employers in the plan.

    The term pooled employer plan does not include—

    a plan established before the date of the enactment of the Family Savings Act of 2018 unless the plan administrator elects that the plan will be treated as a pooled employer plan and the plan meets the requirements of this title applicable to a pooled employer plan established on or after such date.

    (D) Treatment of employers as plan sponsors

    Except with respect to the administrative duties of the pooled plan provider described in paragraph (44)(A)(i), each employer in a pooled employer plan shall be treated as the plan sponsor with respect to the portion of the plan attributable to employees of such employer (or beneficiaries of such employees).

    (44) Pooled plan provider (A) In general

    The term pooled plan provider means a person who—

    is designated by the terms of a pooled employer plan as a named fiduciary, as the plan administrator, and as the person responsible for the performance of all administrative duties (including conducting proper testing with respect to the plan and the employees of each employer in the plan) which are reasonably necessary to ensure that—

    the plan meets any requirement applicable under this Act or the Internal Revenue Code of 1986 to a plan described in section 401(a) of such Code or to a plan that consists of individual retirement accounts described in section 408 of such Code (including by reason of subsection (c) thereof), whichever is applicable and

    each employer in the plan takes such actions as the Secretary or pooled plan provider determines are necessary for the plan to meet the requirements described in subclause (I), including providing the disclosures and information described in paragraph (43)(B)(v)(II)

    registers as a pooled plan provider with the Secretary, and provides to the Secretary such other information as the Secretary may require, before beginning operations as a pooled plan provider

    acknowledges in writing that such person is a named fiduciary, and the plan administrator, with respect to the pooled employer plan and

    is responsible for ensuring that all persons who handle assets of, or who are fiduciaries of, the pooled employer plan are bonded in accordance with section 412.

    (B) Audits, examinations and investigations

    The Secretary may perform audits, examinations, and investigations of pooled plan providers as may be necessary to enforce and carry out the purposes of this paragraph and paragraph (43).

    The Secretary shall issue such guidance as the Secretary determines appropriate to carry out this paragraph and paragraph (43), including guidance—

    to identify the administrative duties and other actions required to be performed by a pooled plan provider under either such paragraph and

    which requires in appropriate cases that if an employer in the plan fails to take the actions required under subparagraph (A)(i)(II)—

    the assets of the plan attributable to employees of such employer (or beneficiaries of such employees) are transferred to a plan maintained only by such employer (or its successor), to an eligible retirement plan as defined in section 402(c)(8)(B) of the Internal Revenue Code of 1986 for each individual whose account is transferred, or to any other arrangement that the Secretary determines is appropriate in such guidance and

    such employer (and not the plan with respect to which the failure occurred or any other employer in such plan) shall, except to the extent provided in such guidance, be liable for any liabilities with respect to such plan attributable to employees of such employer (or beneficiaries of such employees).

    The Secretary shall take into account under clause (ii) whether the failure of an employer or pooled plan provider to provide any disclosures or other information, or to take any other action, necessary to administer a plan or to allow a plan to meet requirements described in subparagraph (A)(i)(II) has continued over a period of time that demonstrates a lack of commitment to compliance. The Secretary may waive the requirements of subclause (ii)(I) in appropriate circumstances if the Secretary determines it is in the best interests of the employees of the employer referred to in such clause (and the beneficiaries of such employees) to retain the assets in the plan with respect to which the employer's failure occurred. (D) Aggregation rules

    For purposes of this paragraph, in determining whether a person meets the requirements of this paragraph to be a pooled plan provider with respect to any plan, all persons who perform services for the plan and who are treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 shall be treated as one person.

    (2) Bonding requirements for pooled employer plans

    The last sentence of section 412(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1112(a)) is amended by inserting or in the case of a pooled employer plan (as defined in section 3(43)) after section 407(d)(1)) .

    (3) Conforming and technical amendments

    Section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002) is amended—

    by striking or at the end of clause (ii) and

    by striking the period at the end and inserting , or (iv) in the case of a pooled employer plan, the pooled plan provider. and

    by striking the second paragraph (41).

    (d) Pooled employer and multiple employer plan reporting

    Section 103 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1023) is amended—

    in subsection (a)(1)(B), by striking applicable subsections (d), (e), and (f) and inserting applicable subsections (d), (e), (f), and (g) and

    by amending subsection (g) to read as follows:

    (g) Additional information with respect to pooled employer and multiple employer plans

    An annual report under this section for a plan year shall include—

    with respect to any plan to which section 210(a) applies (including a pooled employer plan), a list of employers in the plan, a good faith estimate of the percentage of total contributions made by such employers during the plan year, and the aggregate account balances attributable to each employer in the plan (determined as the sum of the account balances of the employees of such employer (and the beneficiaries of such employees)) and

    with respect to a pooled employer plan, the identifying information for the person designated under the terms of the plan as the pooled plan provider.

    (2) Simplified annual reports

    Section 104(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024(a)) is amended by striking paragraph (2)(A) and inserting the following:

    With respect to annual reports required to be filed with the Secretary under this part, the Secretary may by regulation prescribe simplified annual reports for any pension plan that—

    covers fewer than 100 participants or

    is a plan described in section 210(a) that covers fewer than 1,000 participants, but only if no single employer in the plan has 100 or more participants covered by the plan.

    The amendments made by this section shall apply to plan years beginning after December 31, 2019.

    Nothing in the amendments made by subsection (a) shall be construed as limiting the authority of the Secretary of the Treasury or the Secretary's delegate (determined without regard to such amendments) to provide for the proper treatment of a failure to meet any requirement applicable under the Internal Revenue Code of 1986 with respect to one employer (and its employees) in a multiple employer plan.

    302. Rules relating to election of safe harbor 401(k) status (a) Limitation of annual safe harbor notice to matching contribution plans

    Section 401(k)(12)(A) is amended by striking if such arrangement and all that follows and inserting

    meets the contribution requirements of subparagraph (B) and the notice requirements of subparagraph (D), or

    meets the contribution requirements of subparagraph (C).

    (2) Automatic contribution arrangements

    Section 401(k)(13)(B) is amended by striking means and all that follows and inserting

    means a cash or deferred arrangement—

    which is described in subparagraph (D)(i)(I) and meets the applicable requirements of subparagraphs (C) through (E), or

    which is described in subparagraph (D)(i)(II) and meets the applicable requirements of subparagraphs (C) and (D).

    (b) Nonelective contributions

    Section 401(k)(12) is amended by redesignating subparagraph (F) as subparagraph (G), and by inserting after subparagraph (E) the following new subparagraph:

    (F) Timing of plan amendment for employer making nonelective contributions (i) In general

    Except as provided in clause (ii), a plan may be amended after the beginning of a plan year to provide that the requirements of subparagraph (C) shall apply to the arrangement for the plan year, but only if the amendment is adopted—

    at any time before the 30th day before the close of the plan year, or

    at any time before the last day under paragraph (8)(A) for distributing excess contributions for the plan year.

    (ii) Exception where plan provided for matching contributions

    Clause (i) shall not apply to any plan year if the plan provided at any time during the plan year that the requirements of subparagraph (B) or paragraph (13)(D)(i)(I) applied to the plan year.

    (iii) 4-percent contribution requirement

    Clause (i)(II) shall not apply to an arrangement unless the amount of the contributions described in subparagraph (C) which the employer is required to make under the arrangement for the plan year with respect to any employee is an amount equal to at least 4 percent of the employee's compensation.

    Section 401(k)(13) is amended by adding at the end the following:

    (F) Timing of plan amendment for employer making nonelective contributions (i) In general

    Except as provided in clause (ii), a plan may be amended after the beginning of a plan year to provide that the requirements of subparagraph (D)(i)(II) shall apply to the arrangement for the plan year, but only if the amendment is adopted—

    at any time before the 30th day before the close of the plan year, or

    at any time before the last day under paragraph (8)(A) for distributing excess contributions for the plan year.

    (ii) Exception where plan provided for matching contributions

    Clause (i) shall not apply to any plan year if the plan provided at any time during the plan year that the requirements of subparagraph (D)(i)(I) or paragraph (12)(B) applied to the plan year.

    (iii) 4-percent contribution requirement

    Clause (i)(II) shall not apply to an arrangement unless the amount of the contributions described in subparagraph (D)(i)(II) which the employer is required to make under the arrangement for the plan year with respect to any employee is an amount equal to at least 4 percent of the employee's compensation.

    The amendments made by this section shall apply to plan years beginning after December 31, 2018.

    303. Certain taxable non-tuition fellowship and stipend payments treated as compensation for IRA purposes (a) In general

    Section 219(f)(1) is amended by adding at the end the following: The term compensation shall include any amount included in gross income and paid to an individual to aid the individual in the pursuit of graduate or postdoctoral study. .

    The amendment made by this section shall apply to taxable years beginning after December 31, 2018.

    304. Repeal of maximum age for traditional IRA contributions (a) In general

    Section 219(d) is amended by striking paragraph (1).

    Section 408A(c) is amended by striking paragraph (4) and by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively.

    The amendments made by this section shall apply to contributions made for taxable years beginning after December 31, 2018.

    305. Qualified employer plans prohibited from making loans through credit cards and other similar arrangements (a) In general

    Section 72(p)(2) is amended by redesignating subparagraph (D) as subparagraph (E) and by inserting after subparagraph (C) the following new subparagraph:

    (D) Prohibition of loans through credit cards and other similar arrangements

    Notwithstanding subparagraph (A), paragraph (1) shall apply to any loan which is made through the use of any credit card or any other similar arrangement.

    The amendments made by subsection (a) shall apply to loans made after the date of the enactment of this Act.

    306. Portability of lifetime income investments (a) In general

    Section 401(a) is amended by inserting after paragraph (37) the following new paragraph:

    (38) Portability of lifetime income investments (A) In general

    Except as may be otherwise provided by regulations, a trust forming part of a defined contribution plan shall not be treated as failing to constitute a qualified trust under this section solely by reason of allowing—

    qualified distributions of a lifetime income investment, or

    distributions of a lifetime income investment in the form of a qualified plan distribution annuity contract,

    on or after the date that is 90 days prior to the date on which such lifetime income investment is no longer authorized to be held as an investment option under the plan. (B) Definitions

    For purposes of this subsection—

    the term qualified distribution means a direct trustee-to-trustee transfer described in paragraph (31)(A) to an eligible retirement plan (as defined in section 402(c)(8)(B)),

    the term lifetime income investment means an investment option which is designed to provide an employee with election rights—

    which are not uniformly available with respect to other investment options under the plan, and

    which are to a lifetime income feature available through a contract or other arrangement offered under the plan (or under another eligible retirement plan (as so defined), if paid by means of a direct trustee-to-trustee transfer described in paragraph (31)(A) to such other eligible retirement plan),

    the term lifetime income feature means—

    a feature which guarantees a minimum level of income annually (or more frequently) for at least the remainder of the life of the employee or the joint lives of the employee and the employee’s designated beneficiary, or

    an annuity payable on behalf of the employee under which payments are made in substantially equal periodic payments (not less frequently than annually) over the life of the employee or the joint lives of the employee and the employee’s designated beneficiary, and

    the term qualified plan distribution annuity contract means an annuity contract purchased for a participant and distributed to the participant by a plan or contract described in subparagraph (B) of section 402(c)(8) (without regard to clauses (i) and (ii) thereof).

    Section 401(k)(2)(B)(i) is amended by striking or at the end of subclause (IV), by striking and at the end of subclause (V) and inserting or , and by adding at the end the following new subclause:

    except as may be otherwise provided by regulations, with respect to amounts invested in a lifetime income investment (as defined in subsection (a)(38)(B)(ii)), the date that is 90 days prior to the date that such lifetime income investment may no longer be held as an investment option under the arrangement, and

    (2) Distribution requirement

    Section 401(k)(2)(B), as amended by paragraph (1), is amended by striking and at the end of clause (i), by striking the semicolon at the end of clause (ii) and inserting , and , and by adding at the end the following new clause:

    except as may be otherwise provided by regulations, in the case of amounts described in clause (i)(VI), will be distributed only in the form of a qualified distribution (as defined in subsection (a)(38)(B)(i)) or a qualified plan distribution annuity contract (as defined in subsection (a)(38)(B)(iv)),

    Section 403(b)(11) is amended by striking or at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting , or , and by inserting after subparagraph (C) the following new subparagraph:

    except as may be otherwise provided by regulations, with respect to amounts invested in a lifetime income investment (as defined in section 401(a)(38)(B)(ii))—

    on or after the date that is 90 days prior to the date that such lifetime income investment may no longer be held as an investment option under the contract, and

    in the form of a qualified distribution (as defined in section 401(a)(38)(B)(i)) or a qualified plan distribution annuity contract (as defined in section 401(a)(38)(B)(iv)).

    Section 403(b)(7)(A) is amended by striking if— and all that follows and inserting

    if the amounts are to be invested in regulated investment company stock to be held in that custodial account, and under the custodial account—

    no such amounts may be paid or made available to any distributee (unless such amount is a distribution to which section 72(t)(2)(G) applies) before—

    the employee attains age 59 ½ ,

    the employee has a severance from employment,

    the employee becomes disabled (within the meaning of section 72(m)(7)),

    in the case of contributions made pursuant to a salary reduction agreement (within the meaning of section 3121(a)(5)(D)), the employee encounters financial hardship, or

    except as may be otherwise provided by regulations, with respect to amounts invested in a lifetime income investment (as defined in section 401(a)(38)(B)(ii)), the date that is 90 days prior to the date that such lifetime income investment may no longer be held as an investment option under the contract, and

    in the case of amounts described in clause (i)(VI), such amounts will be distributed only in the form of a qualified distribution (as defined in section 401(a)(38)(B)(i)) or a qualified plan distribution annuity contract (as defined in section 401(a)(38)(B)(iv)).

    (d) Eligible deferred compensation plans

    Section 457(d)(1)(A) is amended by striking or at the end of clause (ii), by inserting or at the end of clause (iii), and by adding after clause (iii) the following:

    except as may be otherwise provided by regulations, in the case of a plan maintained by an employer described in subsection (e)(1)(A), with respect to amounts invested in a lifetime income investment (as defined in section 401(a)(38)(B)(ii)), the date that is 90 days prior to the date that such lifetime income investment may no longer be held as an investment option under the plan,

    (2) Distribution requirement

    Section 457(d)(1) is amended by striking and at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting , and , and by inserting after subparagraph (C) the following new subparagraph:

    except as may be otherwise provided by regulations, in the case of amounts described in subparagraph (A)(iv), such amounts will be distributed only in the form of a qualified distribution (as defined in section 401(a)(38)(B)(i)) or a qualified plan distribution annuity contract (as defined in section 401(a)(38)(B)(iv)).

    The amendments made by this section shall apply to plan years beginning after December 31, 2018.

    307. Treatment of custodial accounts on termination of section 403(b) plans

    Not later than six months after the date of enactment of this Act, the Secretary of the Treasury shall issue guidance to provide that, if an employer terminates the plan under which amounts are contributed to a custodial account under subparagraph (A) of section 403(b)(7), the plan administrator or custodian may distribute an individual custodial account in kind to a participant or beneficiary of the plan and the distributed custodial account shall be maintained by the custodian on a tax-deferred basis as a section 403(b)(7) custodial account, similar to the treatment of fully-paid individual annuity contracts under Revenue Ruling 2011–7, until amounts are actually paid to the participant or beneficiary. The guidance shall provide further (i) that the section 403(b)(7) status of the distributed custodial account is generally maintained if the custodial account thereafter adheres to the requirements of section 403(b) that are in effect at the time of the distribution of the account and (ii) that a custodial account would not be considered distributed to the participant or beneficiary if the employer has any material retained rights under the account (but the employer would not be treated as retaining material rights simply because the custodial account was originally opened under a group contract). Such guidance shall apply to plan terminations occurring after December 31, 2018.

    308. Clarification of retirement income account rules relating to church-controlled organizations (a) In general

    Section 403(b)(9)(B) is amended by inserting (including an employee described in section 414(e)(3)(B)) after employee described in paragraph (1) .

    The amendment made by this section shall apply to plan years beginning after December 31, 2008.

    309. Increase in 10 percent cap for automatic enrollment safe harbor after 1st plan year (a) In general

    Section 401(k)(13)(C)(iii) is amended by striking does not exceed 10 percent and inserting does not exceed 15 percent (10 percent during the period described in subclause (I)) .

    The amendments made by this section shall apply to plan years beginning after December 31, 2018.

    310. Increase in credit limitation for small employer pension plan startup costs (a) In general

    Paragraph (1) of section 45E(b) is amended to read as follows:

    for the first credit year and each of the 2 taxable years immediately following the first credit year, the greater of—

    $250 for each employee of the eligible employer who is not a highly compensated employee (as defined in section 414(q)) and who is eligible to participate in the eligible employer plan maintained by the eligible employer, or

    The amendment made by this section shall apply to taxable years beginning after December 31, 2018.

    311. Small employer automatic enrollment credit (a) In general

    Section 45E is amended by adding at the end the following new subsection:

    The credit allowed under subsection (a) for any taxable year during an eligible employer’s retirement auto-enrollment credit period shall be increased (without regard to subsection (b)) by $500.

    (2) Retirement auto-enrollment credit period (A) In general

    The retirement auto-enrollment credit period with respect to any eligible employer is the 3-taxable-year period beginning with the first taxable year for which the employer includes an eligible automatic contribution arrangement (as defined in section 414(w)(3)) in a qualified employer plan (as defined in section 4972(d)) sponsored by the employer.

    (B) Maintenance of arrangement

    No taxable year with respect to an employer shall be treated as occurring within the retirement auto-enrollment credit period unless the arrangement described in subparagraph (A) is included in the plan for such year.

    (3) Not limited to new plans

    This subsection shall be applied without regard to subsection (c)(2).

    The amendments made by this section shall apply to taxable years beginning after December 31, 2018.

    312. Exemption from required minimum distribution rules for individuals with certain account balances (a) In general

    Section 401(a)(9) is amended by adding at the end the following new subparagraph:

    (H) Exception from required minimum distributions during life of employee where assets do not exceed $50,000 (i) In general

    If on the last day of any calendar year the aggregate value of an employee’s entire interest under all applicable eligible retirement plans does not exceed $50,000, then the requirements of subparagraph (A) with respect to any distribution relating to such year shall not apply with respect to such employee.

    (ii) Applicable eligible retirement plan

    For purposes of this subparagraph, the term applicable eligible retirement plan means an eligible retirement plan (as defined in section 402(c)(8)(B)) other than a defined benefit plan.

    (iii) Limit on required minimum distribution

    The required minimum distribution determined under subparagraph (A) for an employee under all applicable eligible retirement plans shall not exceed an amount equal to the excess of—

    the aggregate value of an employee’s entire interest under such plans on the last day of the calendar year to which such distribution relates, over

    the dollar amount in effect under clause (i) for such calendar year.

    The Secretary in regulations or other guidance may provide how such amount shall be distributed in the case of an individual with more than one applicable eligible retirement plan. (iv) Inflation adjustment

    In the case of any calendar year beginning after 2019, the $50,000 amount in clause (i) shall be increased by an amount equal to—

    such dollar amount, multiplied by

    the cost of living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting calendar year 2018 for calendar year 2016 in subparagraph (A)(ii) thereof.

    Any increase determined under this clause shall be rounded to the next lowest multiple of $5,000. (v) Plan administrator reliance on employee certification

    An applicable eligible retirement plan described in clause (iii), (iv), (v), or (vi) of section 402(c)(8)(B) shall not be treated as failing to meet the requirements of this paragraph in the case of any failure to make a required minimum distribution for a calendar year if—

    the aggregate value of an employee’s entire interest under all applicable eligible retirement plans of the employer on the last day of the calendar year to which such distribution relates does not exceed the dollar amount in effect for such year under clause (i), and

    the employee certifies that the aggregate value of the employee’s entire interest under all applicable eligible retirement plans on the last day of the calendar year to which such distribution relates did not exceed the dollar amount in effect for such year under clause (i).

    All employers treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer for purposes of clause (v).

    Section 6047 is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection:

    (h) Account balance for participants who have attained age 69

    Not later than January 31 of each year, the plan administrator (as defined in section 414(g)) of each applicable eligible retirement plan (as defined in section 401(a)(9)(H)) shall make a return to the Secretary with respect to each participant of such plan who has attained age 69 as of the end of the preceding calendar year which states—

    the name and plan number of the plan,

    the name and address of the plan administrator,

    the name, address, and taxpayer identification number of the participant, and

    the account balance of such participant as of the end of the preceding calendar year.

    (2) Statement furnished to participant

    Every person required to make a return under paragraph (1) with respect to a participant shall furnish a copy of such return to such participant.

    (3) Application to individual retirement plans and annuities

    In the case of an applicable eligible retirement plan described in clause (i) or (ii) of section 402(c)(8)(B)—

    any reference in this subsection to the plan administrator shall be treated as a reference to the trustee or issuer, as the case may be, and

    any reference in this subsection to the participant shall be treated as a reference to the individual for whom such account or annuity is maintained.

    The amendments made by this section shall apply to distributions required to be made in calendar years beginning more than 120 days after the date of the enactment of this Act.

    313. Elective deferrals by members of the Ready Reserve of a reserve component of the Armed Forces (a) In general

    Section 402(g) is amended by adding at the end the following new paragraph:

    (9) Elective deferrals by members of Ready Reserve (A) In general

    In the case of a qualified ready reservist for any taxable year, the limitations of subparagraphs (A) and (C) of paragraph (1) shall be applied separately with respect to—

    elective deferrals of such qualified ready reservist with respect to compensation described in subparagraph (B), and

    all other elective deferrals of such qualified ready reservist.

    (B) Qualified ready reservist

    For purposes of this paragraph, the term qualified ready reservist means any individual for any taxable year if such individual received compensation for service as a member of the Ready Reserve of a reserve component (as defined in section 101 of title 37, United States Code) during such taxable year.

    The amendment made by this section shall apply to plan years beginning after December 31, 2018.

    B Administrative improvements 321. Plan adopted by filing due date for year may be treated as in effect as of close of year (a) In general

    by striking retroactive changes in plan .—A stock bonus and inserting “ plan amendments .—

    (1) Certain retroactive changes in plan

    by adding at the end the following new paragraph:

    If an employer adopts a stock bonus, pension, profit-sharing, or annuity plan after the close of a taxable year but before the time prescribed by law for filing the employer’s return of tax for the taxable year (including extensions thereof), the employer may elect to treat the plan as having been adopted as of the last day of the taxable year.

    The amendments made by this section shall apply to plans adopted for taxable years beginning after December 31, 2018.

    322. Modification of nondiscrimination rules to protect older, longer service participants (a) In general

    by redesignating subsection (o) as subsection (p), and

    by inserting after subsection (n) the following new subsection:

    (o) Special rules for applying nondiscrimination rules to protect older, longer service and grandfathered participants

    (1) Testing of defined benefit plans with closed classes of participants (A) Benefits, rights, or features provided to closed classes

    A defined benefit plan which provides benefits, rights, or features to a closed class of participants shall not fail to satisfy the requirements of subsection (a)(4) by reason of the composition of such closed class or the benefits, rights, or features provided to such closed class, if—

    for the plan year as of which the class closes and the 2 succeeding plan years, such benefits, rights, and features satisfy the requirements of subsection (a)(4) (without regard to this subparagraph but taking into account the rules of subparagraph (I)),

    after the date as of which the class was closed, any plan amendment which modifies the closed class or the benefits, rights, and features provided to such closed class does not discriminate significantly in favor of highly compensated employees, and

    the class was closed before April 5, 2017, or the plan is described in subparagraph (C).

    (B) Aggregate testing with defined contribution plans permitted on a benefits basis (i) In general

    For purposes of determining compliance with subsection (a)(4) and section 410(b), a defined benefit plan described in clause (iii) may be aggregated and tested on a benefits basis with 1 or more defined contribution plans, including with the portion of 1 or more defined contribution plans which—

    provides matching contributions (as defined in subsection (m)(4)(A)),

    provides annuity contracts described in section 403(b) which are purchased with matching contributions or nonelective contributions, or

    consists of an employee stock ownership plan (within the meaning of section 4975(e)(7)) or a tax credit employee stock ownership plan (within the meaning of section 409(a)).

    (ii) Special rules for matching contributions

    For purposes of clause (i), if a defined benefit plan is aggregated with a portion of a defined contribution plan providing matching contributions—

    such defined benefit plan must also be aggregated with any portion of such defined contribution plan which provides elective deferrals described in subparagraph (A) or (C) of section 402(g)(3), and

    such matching contributions shall be treated in the same manner as nonelective contributions, including for purposes of applying the rules of subsection (l).

    A defined benefit plan is described in this clause if—

    the plan provides benefits to a closed class of participants,

    for the plan year as of which the class closes and the 2 succeeding plan years, the plan satisfies the requirements of section 410(b) and subsection (a)(4) (without regard to this subparagraph but taking into account the rules of subparagraph (I)),

    after the date as of which the class was closed, any plan amendment which modifies the closed class or the benefits provided to such closed class does not discriminate significantly in favor of highly compensated employees, and

    the class was closed before April 5, 2017, or the plan is described in subparagraph (C).

    A plan is described in this subparagraph if, taking into account any predecessor plan—

    such plan has been in effect for at least 5 years as of the date the class is closed, and

    during the 5-year period preceding the date the class is closed, there has not been a substantial increase in the coverage or value of the benefits, rights, or features described in subparagraph (A) or in the coverage or benefits under the plan described in subparagraph (B)(iii) (whichever is applicable).

    (D) Determination of substantial increase for benefits, rights, and features

    In applying subparagraph (C)(ii) for purposes of subparagraph (A)(iii), a plan shall be treated as having had a substantial increase in coverage or value of the benefits, rights, or features described in subparagraph (A) during the applicable 5-year period only if, during such period—

    the number of participants covered by such benefits, rights, or features on the date such period ends is more than 50 percent greater than the number of such participants on the first day of the plan year in which such period began, or

    such benefits, rights, and features have been modified by 1 or more plan amendments in such a way that, as of the date the class is closed, the value of such benefits, rights, and features to the closed class as a whole is substantially greater than the value as of the first day of such 5-year period, solely as a result of such amendments.

    (E) Determination of substantial increase for aggregate testing on benefits basis

    In applying subparagraph (C)(ii) for purposes of subparagraph (B)(iii)(IV), a plan shall be treated as having had a substantial increase in coverage or benefits during the applicable 5-year period only if, during such period—

    the number of participants benefitting under the plan on the date such period ends is more than 50 percent greater than the number of such participants on the first day of the plan year in which such period began, or

    the average benefit provided to such participants on the date such period ends is more than 50 percent greater than the average benefit provided on the first day of the plan year in which such period began.

    (F) Certain employees disregarded

    For purposes of subparagraphs (D) and (E), any increase in coverage or value or in coverage or benefits, whichever is applicable, which is attributable to such coverage and value or coverage and benefits provided to employees—

    who became participants as a result of a merger, acquisition, or similar event which occurred during the 7-year period preceding the date the class is closed, or

    who became participants by reason of a merger of the plan with another plan which had been in effect for at least 5 years as of the date of the merger,

    shall be disregarded, except that clause (ii) shall apply for purposes of subparagraph (D) only if, under the merger, the benefits, rights, or features under 1 plan are conformed to the benefits, rights, or features of the other plan prospectively. (G) Rules relating to average benefit

    For purposes of subparagraph (E)—

    the average benefit provided to participants under the plan will be treated as having remained the same between the 2 dates described in subparagraph (E)(ii) if the benefit formula applicable to such participants has not changed between such dates, and

    if the benefit formula applicable to 1 or more participants under the plan has changed between such 2 dates, then the average benefit under the plan shall be considered to have increased by more than 50 percent only if—

    the total amount determined under section 430(b)(1)(A)(i) for all participants benefitting under the plan for the plan year in which the 5-year period described in subparagraph (E) ends, exceeds

    the total amount determined under section 430(b)(1)(A)(i) for all such participants for such plan year, by using the benefit formula in effect for each such participant for the first plan year in such 5-year period, by more than 50 percent.

    In the case of a CSEC plan (as defined in section 414(y)), the normal cost of the plan (as determined under section 433(j)(1)(B)) shall be used in lieu of the amount determined under section 430(b)(1)(A)(i). (H) Treatment as single plan

    For purposes of subparagraphs (E) and (G), a plan described in section 413(c) shall be treated as a single plan rather than as separate plans maintained by each employer in the plan.

    For purposes of subparagraphs (A)(i) and (B)(iii)(II), the following rules shall apply:

    In applying section 410(b)(6)(C), the closing of the class of participants shall not be treated as a significant change in coverage under section 410(b)(6)(C)(i)(II).

    2 or more plans shall not fail to be eligible to be aggregated and treated as a single plan solely by reason of having different plan years.

    Changes in the employee population shall be disregarded to the extent attributable to individuals who become employees or cease to be employees, after the date the class is closed, by reason of a merger, acquisition, divestiture, or similar event.

    Aggregation and all other testing methodologies otherwise applicable under subsection (a)(4) and section 410(b) may be taken into account.

    The rule of clause (ii) shall also apply for purposes of determining whether plans to which subparagraph (B)(i) applies may be aggregated and treated as 1 plan for purposes of determining whether such plans meet the requirements of subsection (a)(4) and section 410(b). (J) Spun-off plans

    For purposes of this paragraph, if a portion of a defined benefit plan described in subparagraph (A) or (B)(iii) is spun off to another employer and the spun-off plan continues to satisfy the requirements of—

    subparagraph (A)(i) or (B)(iii)(II), whichever is applicable, if the original plan was still within the 3-year period described in such subparagraph at the time of the spin off, and

    subparagraph (A)(ii) or (B)(iii)(III), whichever is applicable,

    the treatment under subparagraph (A) or (B) of the spun-off plan shall continue with respect to such other employer.

    (2) Testing of defined contribution plans (A) Testing on a benefits basis

    A defined contribution plan shall be permitted to be tested on a benefits basis if—

    such defined contribution plan provides make-whole contributions to a closed class of participants whose accruals under a defined benefit plan have been reduced or eliminated,

    for the plan year of the defined contribution plan as of which the class eligible to receive such make-whole contributions closes and the 2 succeeding plan years, such closed class of participants satisfies the requirements of section 410(b)(2)(A)(i) (determined by applying the rules of paragraph (1)(I)),

    after the date as of which the class was closed, any plan amendment to the defined contribution plan which modifies the closed class or the allocations, benefits, rights, and features provided to such closed class does not discriminate significantly in favor of highly compensated employees, and

    the class was closed before April 5, 2017, or the defined benefit plan under clause (i) is described in paragraph (1)(C) (as applied for purposes of paragraph (1)(B)(iii)(IV)).

    (B) Aggregation with plans including matching contributions (i) In general

    With respect to 1 or more defined contribution plans described in subparagraph (A), for purposes of determining compliance with subsection (a)(4) and section 410(b), the portion of such plans which provides make-whole contributions or other nonelective contributions may be aggregated and tested on a benefits basis with the portion of 1 or more other defined contribution plans which—

    provides matching contributions (as defined in subsection (m)(4)(A)),

    provides annuity contracts described in section 403(b) which are purchased with matching contributions or nonelective contributions, or

    consists of an employee stock ownership plan (within the meaning of section 4975(e)(7)) or a tax credit employee stock ownership plan (within the meaning of section 409(a)).

    (ii) Special rules for matching contributions

    Rules similar to the rules of paragraph (1)(B)(ii) shall apply for purposes of clause (i).

    (C) Special rules for testing defined contribution plan features providing matching contributions to certain older, longer service participants

    In the case of a defined contribution plan which provides benefits, rights, or features to a closed class of participants whose accruals under a defined benefit plan have been reduced or eliminated, the plan shall not fail to satisfy the requirements of subsection (a)(4) solely by reason of the composition of the closed class or the benefits, rights, or features provided to such closed class if the defined contribution plan and defined benefit plan otherwise meet the requirements of subparagraph (A) but for the fact that the make-whole contributions under the defined contribution plan are made in whole or in part through matching contributions.

    For purposes of this paragraph, if a portion of a defined contribution plan described in subparagraph (A) or (C) is spun off to another employer, the treatment under subparagraph (A) or (C) of the spun-off plan shall continue with respect to the other employer if such plan continues to comply with the requirements of clauses (ii) (if the original plan was still within the 3-year period described in such clause at the time of the spin off) and (iii) of subparagraph (A), as determined for purposes of subparagraph (A) or (C), whichever is applicable.

    For purposes of this subsection—

    (A) Make-whole contributions

    Except as otherwise provided in paragraph (2)(C), the term make-whole contributions means nonelective allocations for each employee in the class which are reasonably calculated, in a consistent manner, to replace some or all of the retirement benefits which the employee would have received under the defined benefit plan and any other plan or qualified cash or deferred arrangement under subsection (k)(2) if no change had been made to such defined benefit plan and such other plan or arrangement. For purposes of the preceding sentence, consistency shall not be required with respect to employees who were subject to different benefit formulas under the defined benefit plan.

    (B) References to closed class of participants

    References to a closed class of participants and similar references to a closed class shall include arrangements under which 1 or more classes of participants are closed, except that 1 or more classes of participants closed on different dates shall not be aggregated for purposes of determining the date any such class was closed.

    (C) Highly compensated employee

    The term highly compensated employee has the meaning given such term in section 414(q).

    (b) Participation requirements

    Section 401(a)(26) is amended by adding at the end the following new subparagraph:

    (I) Protected participants (i) In general

    A plan shall be deemed to satisfy the requirements of subparagraph (A) if—

    to cease all benefit accruals, or

    to provide future benefit accruals only to a closed class of participants,

    the plan satisfies subparagraph (A) (without regard to this subparagraph) as of the effective date of the amendment, and

    the amendment was adopted before April 5, 2017, or the plan is described in clause (ii).

    A plan is described in this clause if the plan would be described in subsection (o)(1)(C), as applied for purposes of subsection (o)(1)(B)(iii)(IV) and by treating the effective date of the amendment as the date the class was closed for purposes of subsection (o)(1)(C).

    For purposes of clause (i)(II), in applying section 410(b)(6)(C), the amendments described in clause (i) shall not be treated as a significant change in coverage under section 410(b)(6)(C)(i)(II).

    For purposes of this subparagraph, if a portion of a plan described in clause (i) is spun off to another employer, the treatment under clause (i) of the spun-off plan shall continue with respect to the other employer.

    Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act, without regard to whether any plan modifications referred to in such amendments are adopted or effective before, on, or after such date of enactment.

    (2) Special rules (A) Election of earlier application

    At the election of the plan sponsor, the amendments made by this section shall apply to plan years beginning after December 31, 2013.

    (B) Closed classes of participants

    For purposes of paragraphs (1)(A)(iii), (1)(B)(iii)(IV), and (2)(A)(iv) of section 401(o) of the Internal Revenue Code of 1986 (as added by this section), a closed class of participants shall be treated as being closed before April 5, 2017, if the plan sponsor’s intention to create such closed class is reflected in formal written documents and communicated to participants before such date.

    (C) Certain post-enactment plan amendments

    A plan shall not be treated as failing to be eligible for the application of section 401(o)(1)(A), 401(o)(1)(B)(iii), or 401(a)(26) of such Code (as added by this section) to such plan solely because in the case of—

    such section 401(o)(1)(A), the plan was amended before the date of the enactment of this Act to eliminate 1 or more benefits, rights, or features, and is further amended after such date of enactment to provide such previously eliminated benefits, rights, or features to a closed class of participants, or

    such section 401(o)(1)(B)(iii) or section 401(a)(26), the plan was amended before the date of the enactment of this Act to cease all benefit accruals, and is further amended after such date of enactment to provide benefit accruals to a closed class of participants. Any such section shall only apply if the plan otherwise meets the requirements of such section and in applying such section, the date the class of participants is closed shall be the effective date of the later amendment.

    323. Fiduciary safe harbor for selection of lifetime income provider

    Section 404 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104) is amended by adding at the end the following:

    (e) Safe harbor for annuity selection

    With respect to the selection of an insurer for a guaranteed retirement income contract, the requirements of subsection (a)(1)(B) will be deemed to be satisfied if a fiduciary—

    engages in an objective, thorough, and analytical search for the purpose of identifying insurers from which to purchase such contracts

    with respect to each insurer identified under subparagraph (A)—

    considers the financial capability of such insurer to satisfy its obligations under the guaranteed retirement income contract and

    considers the cost (including fees and commissions) of the guaranteed retirement income contract offered by the insurer in relation to the benefits and product features of the contract and administrative services to be provided under such contract and

    on the basis of such consideration, concludes that—

    at the time of the selection, the insurer is financially capable of satisfying its obligations under the guaranteed retirement income contract and

    the relative cost of the selected guaranteed retirement income contract as described in subparagraph (B)(ii) is reasonable.

    (2) Financial capability of the insurer

    A fiduciary will be deemed to satisfy the requirements of paragraphs (1)(B)(i) and (1)(C)(i) if—

    the fiduciary obtains written representations from the insurer that—

    the insurer is licensed to offer guaranteed retirement income contracts

    the insurer, at the time of selection and for each of the immediately preceding 7 plan years—

    operates under a certificate of authority from the insurance commissioner of its domiciliary State which has not been revoked or suspended

    has filed audited financial statements in accordance with the laws of its domiciliary State under applicable statutory accounting principles

    maintains (and has maintained) reserves which satisfies all the statutory requirements of all States where the insurer does business and

    is not operating under an order of supervision, rehabilitation, or liquidation

    the insurer undergoes, at least every 5 years, a financial examination (within the meaning of the law of its domiciliary State) by the insurance commissioner of the domiciliary State (or representative, designee, or other party approved by such commissioner) and

    the insurer will notify the fiduciary of any change in circumstances occurring after the provision of the representations in clauses (i), (ii), and (iii) which would preclude the insurer from making such representations at the time of issuance of the guaranteed retirement income contract and

    after receiving such representations and as of the time of selection, the fiduciary has not received any notice described in subparagraph (A)(iv) and is in possession of no other information which would cause the fiduciary to question the representations provided.

    (3) No requirement to select lowest cost

    Nothing in this subsection shall be construed to require a fiduciary to select the lowest cost contract. A fiduciary may consider the value of a contract, including features and benefits of the contract and attributes of the insurer (including, without limitation, the insurer's financial strength) in conjunction with the cost of the contract.

    (4) Time of selection (A) In general

    For purposes of this subsection, the time of selection is—

    the time that the insurer and the contract are selected for distribution of benefits to a specific participant or beneficiary or

    if the fiduciary periodically reviews the continuing appropriateness of the conclusion described in paragraph (1)(C) with respect to a selected insurer, taking into account the considerations described in such paragraph, the time that the insurer and the contract are selected to provide benefits at future dates to participants or beneficiaries under the plan.

    Nothing in the preceding sentence shall be construed to require the fiduciary to review the appropriateness of a selection after the purchase of a contract for a participant or beneficiary. (B) Periodic review

    A fiduciary will be deemed to have conducted the periodic review described in subparagraph (A)(ii) if the fiduciary obtains the written representations described in clauses (i), (ii), and (iii) of paragraph (2)(A) from the insurer on an annual basis, unless the fiduciary receives any notice described in paragraph (2)(A)(iv) or otherwise becomes aware of facts that would cause the fiduciary to question such representations.

    A fiduciary which satisfies the requirements of this subsection shall not be liable following the distribution of any benefit, or the investment by or on behalf of a participant or beneficiary pursuant to the selected guaranteed retirement income contract, for any losses that may result to the participant or beneficiary due to an insurer’s inability to satisfy its financial obligations under the terms of such contract.

    For purposes of this subsection—

    The term insurer means an insurance company, insurance service, or insurance organization, including affiliates of such companies.

    (B) Guaranteed retirement income contract

    The term guaranteed retirement income contract means an annuity contract for a fixed term or a contract (or provision or feature thereof) which provides guaranteed benefits annually (or more frequently) for at least the remainder of the life of the participant or the joint lives of the participant and the participant’s designated beneficiary as part of an individual account plan.

    Subparagraph (B) of section 105(a)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1025(a)(2)) is amended—

    in clause (i), by striking and at the end

    in clause (ii), by striking diversification. and inserting diversification, and and

    by inserting at the end the following:

    the lifetime income disclosure described in subparagraph (D)(i).

    In the case of pension benefit statements described in clause (i) of paragraph (1)(A), a lifetime income disclosure under clause (iii) of this subparagraph shall be required to be included in only one pension benefit statement during any one 12-month period. .

    Paragraph (2) of section 105(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1025(a)) is amended by adding at the end the following new subparagraph:

    (D) Lifetime income disclosure (i) In general (I) Disclosure

    A lifetime income disclosure shall set forth the lifetime income stream equivalent of the total benefits accrued with respect to the participant or beneficiary.

    (II) Lifetime income stream equivalent of the total benefits accrued

    For purposes of this subparagraph, the term lifetime income stream equivalent of the total benefits accrued means the amount of monthly payments the participant or beneficiary would receive if the total accrued benefits of such participant or beneficiary were used to provide lifetime income streams described in subclause (III), based on assumptions specified in rules prescribed by the Secretary.

    (III) Lifetime income streams

    The lifetime income streams described in this subclause are a qualified joint and survivor annuity (as defined in section 205(d)), based on assumptions specified in rules prescribed by the Secretary, including the assumption that the participant or beneficiary has a spouse of equal age, and a single life annuity. Such lifetime income streams may have a term certain or other features to the extent permitted under rules prescribed by the Secretary.

    Not later than 1 year after the date of the enactment of the Retirement Enhancement and Savings Act of 2018 , the Secretary shall issue a model lifetime income disclosure, written in a manner so as to be understood by the average plan participant, which—

    explains that the lifetime income stream equivalent is only provided as an illustration

    explains that the actual payments under the lifetime income stream described in clause (i)(III) which may be purchased with the total benefits accrued will depend on numerous factors and may vary substantially from the lifetime income stream equivalent in the disclosures

    explains the assumptions upon which the lifetime income stream equivalent was determined and

    provides such other similar explanations as the Secretary considers appropriate.

    (iii) Assumptions and rules

    Not later than 1 year after the date of the enactment of the Retirement Enhancement and Savings Act of 2018 , the Secretary shall—

    prescribe assumptions which administrators of individual account plans may use in converting total accrued benefits into lifetime income stream equivalents for purposes of this subparagraph and

    issue interim final rules under clause (i).

    In prescribing assumptions under subclause (I), the Secretary may prescribe a single set of specific assumptions (in which case the Secretary may issue tables or factors which facilitate such conversions), or ranges of permissible assumptions. To the extent that an accrued benefit is or may be invested in a lifetime income stream described in clause (i)(III), the assumptions prescribed under subclause (I) shall, to the extent appropriate, permit administrators of individual account plans to use the amounts payable under such lifetime income stream as a lifetime income stream equivalent. (iv) Limitation on liability

    No plan fiduciary, plan sponsor, or other person shall have any liability under this title solely by reason of the provision of lifetime income stream equivalents which are derived in accordance with the assumptions and rules described in clause (iii) and which include the explanations contained in the model lifetime income disclosure described in clause (ii). This clause shall apply without regard to whether the provision of such lifetime income stream equivalent is required by subparagraph (B)(iii).

    The requirement in subparagraph (B)(iii) shall apply to pension benefit statements furnished more than 12 months after the latest of the issuance by the Secretary of—

    interim final rules under clause (i)

    the model disclosure under clause (ii) or

    the assumptions under clause (iii).

    Subparagraph (A) of section 4006(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1306(a)(3)) is amended—

    in clause (i), by striking plan, and inserting plan other than a CSEC plan (as defined in section 210(f)(1))

    in clause (v), by striking or at the end

    in clause (vi), by striking the period at the end and inserting , or and

    by adding at the end the following new clause:

    in the case of a CSEC plan (as defined in section 210(f)(1)), for plan years beginning after December 31, 2018, for each individual who is a participant in such plan during the plan year an amount equal to the sum of—

    the additional premium (if any) determined under subparagraph (E), and

    (1) Unfunded vested benefits (A) In general

    Subparagraph (E) of section 4006(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1306(a)(3)) is amended by adding at the end the following new clause:

    For purposes of clause (ii), in the case of a CSEC plan (as defined in section 210(f)(1)), the term unfunded vested benefits means, for plan years beginning after December 31, 2018, the excess (if any) of—

    the funding liability of the plan as determined under section 306(j)(5)(C) for the plan year by only taking into account vested benefits, over

    the fair market value of plan assets for the plan year which are held by the plan on the valuation date.

    Clause (iii) of section 4006(a)(3)(E) of such Act (29 U.S.C. 1306(a)(3)(E)) is amended by striking For purposes and inserting Except as provided in clause (v), for purposes .

    (2) Applicable dollar amount (A) In general

    Paragraph (8) of section 4006(a) of such Act (29 U.S.C. 1306(a)) is amended by adding at the end the following new subparagraph:

    In the case of a CSEC plan (as defined in section 210(f)(1)), the applicable dollar amount shall be $9.

    Subparagraph (A) of section 4006(a)(8) of such Act (29 U.S.C. 1306(a)(8)) is amended by striking (B) and (C) and inserting (B), (C), and (E) .

    C Other Savings Provisions 331. Penalty-free withdrawals from retirement plans for individuals in case of birth of child or adoption (a) In general

    Section 72(t)(2) is amended by adding at the end the following new subparagraph:

    (H) Distributions from retirement plans in case of birth of child or adoption (i) In general

    Any qualified birth or adoption distribution.

    The aggregate amount which may be treated as qualified birth or adoption distributions by any individual with respect to any birth or adoption shall not exceed $7,500.

    (iii) Qualified birth or adoption distribution

    For purposes of this subparagraph—

    The term qualified birth or adoption distribution means any distribution from an applicable eligible retirement plan to an individual if made during the 1-year period beginning on the date on which a child of the individual is born or on which the legal adoption by the individual of an eligible child is finalized.

    The term eligible child means any individual (other than a child of the taxpayer’s spouse) who has not attained age 18 or is physically or mentally incapable of self-support.

    (iv) Treatment of plan distributions (I) In general

    If a distribution to an individual would (without regard to clause (ii)) be a qualified birth or adoption distribution, a plan shall not be treated as failing to meet any requirement of this title merely because the plan treats the distribution as a qualified birth or adoption 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 $7,500.

    For purposes of subclause (I), the term controlled group means any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414.

    (v) Amount distributed may be repaid (I) In general

    Any individual who receives a qualified birth or adoption distribution may make one or more contributions in an aggregate amount not to exceed the amount of such distribution to an applicable 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), as the case may be.

    (II) Limitation on contributions to applicable eligible retirement plans other than IRA s

    The aggregate amount of contributions made by an individual under subclause (I) to any applicable eligible retirement plan which is not an individual retirement plan shall not exceed the aggregate amount of qualified birth or adoption distributions which are made from such plan to such individual. Subclause (I) shall not apply to contributions to any applicable eligible retirement plan which is not an individual retirement plan unless the individual is eligible to make contributions (other than those described in subclause (I)) to such applicable eligible retirement plan.

    (III) Treatment of repayments of distributions from applicable eligible retirement plans other than IRA s

    If a contribution is made under subclause (I) with respect to a qualified birth or adoption distribution from an applicable 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 such distribution in an eligible rollover distribution (as defined in section 402(c)(4)) and as having transferred the amount to the applicable eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution.

    (IV) Treatment of repayments for distributions from IRAs

    If a contribution is made under subclause (I) with respect to a qualified birth or adoption distribution from an individual retirement plan, then, to the extent of the amount of the contribution, such distribution shall be treated as a distribution described in section 408(d)(3) and as having been transferred to the applicable eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution.

    (vi) Definition and special rules

    For purposes of this subparagraph—

    (I) Applicable eligible retirement plan

    The term applicable eligible retirement plan means an eligible retirement plan (as defined in section 402(c)(8)(B)) other than a defined benefit plan.

    (II) Exemption of distributions from trustee to trustee transfer and withholding rules

    For purposes of sections 401(a)(31), 402(f), and 3405, a qualified birth or adoption distribution shall not be treated as an eligible rollover distribution.

    (III) Taxpayer must include TIN

    A distribution shall not be treated as a qualified birth or adoption distribution with respect to any child or eligible child unless the taxpayer includes the name, age, and TIN of such child or eligible child on the taxpayer’s return of tax for the taxable year.

    (IV) Distributions treated as meeting plan distribution requirements

    Any qualified birth or adoption 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).

    The amendments made by this section shall apply to distributions made after December 31, 2018.

    IV American Innovation 401. Simplification and expansion of deduction for start-up and organizational expenditures (a) In general

    Section 195 is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by striking all that precedes subsection (d) (as so redesignated) and inserting the following:

    195. Start-up and organizational expenditures (a) Capitalization of expenditures

    Except as otherwise provided in this section, no deduction shall be allowed for start-up or organizational expenditures.

    If a taxpayer elects the application of this subsection with respect to any active trade or business—

    the taxpayer shall be allowed a deduction for the taxable year in which such active trade or business begins in an amount equal to the lesser of—

    the aggregate amount of start-up and organizational expenditures paid or incurred in connection with such active trade or business, or

    $20,000, reduced (but not below zero) by the amount by which such aggregate amount exceeds $120,000, and

    the remainder of such start-up and organizational expenditures shall be charged to capital account and allowed as an amortization deduction determined by amortizing such expenditures ratably over the 180-month period beginning with the month in which the active trade or business begins.

    (2) Application to organizational expenditures

    In the case of organizational expenditures with respect to any corporation or partnership, the active trade or business referred to in paragraph (1) means the first active trade or business carried on by such corporation or partnership.

    In the case of any taxable year beginning after December 31, 2019, the $20,000 and $120,000 amounts in paragraph (1)(A)(ii) shall each be increased by an amount equal to—

    such dollar amount, multiplied by

    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 2018 for calendar year 2016 in subparagraph (A)(ii) thereof.

    If any amount as increased under the preceding sentence is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000.

    (c) Allowance of deduction upon liquidation or disposition

    (1) Liquidation of partnership or corporation

    If any partnership or corporation is completely liquidated by the taxpayer, any start-up or organizational expenditures paid or incurred in connection with such partnership or corporation which were not allowed as a deduction by reason of this section may be deducted to the extent allowable under section 165.

    (2) Disposition of trade or business

    If any trade or business is completely disposed of or discontinued by the taxpayer, any start-up expenditures paid or incurred in connection with such trade or business which were not allowed as a deduction by reason of this section (and not taken into account in connection with a liquidation to which paragraph (1) applies) may be deducted to the extent allowable under section 165. For purposes of this paragraph, in the case of any deduction allowed under subsection (b)(1) with respect to both start-up and organizational expenditures, the amount treated as so allowed with respect to start-up expenditures shall bear the same ratio to such deduction as the start-up expenditures taken into account in determining such deduction bears to the aggregate of the start-up and organizational expenditures so taken into account.

    Section 195(d), as redesignated by subsection (a), is amended by adding at the end the following new paragraphs:

    (3) Organizational expenditures

    The term organizational expenditures means any expenditure which—

    is incident to the creation of a corporation or a partnership,

    is chargeable to capital account, and

    is of a character which, if expended incident to the creation of a corporation or a partnership having an ascertainable life, would be amortizable over such life.

    (4) Application to certain disregarded entities

    In the case of any entity with a single owner that is disregarded as an entity separate from its owner, this section shall be applied in the same manner as if such entity were a corporation.

    Section 195(e)(2), as redesignated by subsection (a), is amended to read as follows:

    (2) Partnerships and S corporations

    In the case of any partnership or S corporation, the election under subsection (b) shall be made (and this section shall be applied) at the entity level.

    Part VIII of subchapter B of chapter 1 is amended by striking section 248 (and by striking the item relating to such section in the table of sections of such part).

    Section 170(b)(2)(D)(ii) is amended by striking (except section 248) .

    Section 312(n)(3) is amended by striking Sections 173 and 248 and inserting Sections 173 and 195 .

    Section 535(b)(3) is amended by striking (except section 248) .

    Section 545(b)(3) is amended by striking (except section 248) .

    Section 545(b)(4) is amended by striking (except section 248) .

    Section 834(c)(7) is amended by striking (except section 248) .

    Section 852(b)(2)(C) is amended by striking (except section 248) .

    Section 857(b)(2)(A) is amended by striking (except section 248) .

    Section 1363(b) is amended by adding and at the end of paragraph (2), by striking paragraph (3), and by redesignating paragraph (4) as paragraph (3).

    Section 1375(b)(1)(B)(i) is amended by striking (other than the deduction allowed by section 248, relating to organization expenditures) .

    Section 709 is amended to read as follows:

    709. Treatment of syndication fees

    No deduction shall be allowed under this chapter to a partnership or to any partner of the partnership for any amounts paid or incurred to promote the sale of (or to sell) an interest in the partnership.

    The item relating to section 709 in the table of sections for part I of subchapter K of chapter 1 is amended to read as follows:

    Sec. 709. Treatment of syndication fees. .

    Section 1202(e)(2)(A) is amended by striking section 195(c)(1)(A) and inserting section 195(d)(1)(A) .

    The item relating to section 195 in the table of contents of part VI of subchapter B of chapter 1 is amended to read as follows:

    Sec. 195. Start-up and organizational expenditures. .

    The amendments made by this section shall apply to expenditures paid or incurred in connection with active trades or businesses which begin in taxable years beginning after December 31, 2018.

    402. Preservation of start-up net operating losses and tax credits after ownership change (a) Application to net operating losses

    Section 382(d) is amended by adding at the end the following new paragraph:

    (4) Exception for start-up losses (A) In general

    In the case of any net operating loss carryforward described in paragraph (1)(A) which arose in a start-up period taxable year, the amount of such net operating loss carryforward otherwise taken into account under such paragraph shall be reduced by the net start-up loss determined with respect to the trade or business referred to in subparagraph (B)(i) for such start-up period taxable year.

    (B) Start-up period taxable year

    The term start-up period taxable year means any taxable year of the old loss corporation which—

    begins before the close of the 3-year period beginning on the date on which any trade or business of such corporation begins as an active trade or business (as determined under section 195(d)(2) without regard to subparagraph (B) thereof), and

    ends after September 10, 2018.

    (C) Net start-up loss (i) In general

    The term net start-up loss means, with respect to any trade or business referred to in subparagraph (B)(i) for any start-up period taxable year, the amount which bears the same ratio (but not greater than 1) to the net operating loss carryforward which arose in such start-up period taxable year as—

    the net operating loss (if any) which would have been determined for such start-up period taxable year if only items of income, gain, deduction, and loss properly allocable to such trade or business were taken into account, bears to

    the amount of the net operating loss determined for such start-up period taxable year.

    (ii) Special rule for last taxable year in start-up period

    In the case of any start-up period taxable year which ends after the close of the 3-year period described in subparagraph (B)(i) with respect to any trade or business, the net start-up loss with respect to such trade or business for such start-up period taxable year shall be the same proportion of such loss (determined without regard to this clause) as the proportion of such start-up period taxable year which is on or before the last day of such period.

    (D) Application to net operating loss arising in year of ownership change

    Subparagraph (A) shall apply to any net operating loss described in paragraph (1)(B) in the same manner as such subparagraph applies to net operating loss carryforwards described in paragraph (1)(A), but by only taking into account the amount of such net operating loss (and the amount of the net start-up loss) which is allocable under paragraph (1)(B) to the period described in such paragraph. Proper adjustment in the allocation of the net start-up loss under the preceding sentence shall be made in the case of a taxable year to which subparagraph (C)(ii) applies.

    (E) Application to taxable years which are start-up period taxable years with respect to more than 1 trade or business

    In the case of any net operating loss carryforward which arose in a taxable year which is a start-up period taxable year with respect to more than 1 trade or business—

    this paragraph shall be applied separately with respect to each such trade or business, and

    the aggregate reductions under subparagraph (A) shall not exceed such net operating loss carryforward.

    (F) Continuity of business requirement

    If the new loss corporation does not continue the trade or business referred to in subparagraph (B)(i) at all times during the 2-year period beginning on the change date, this paragraph shall not apply with respect to such trade or business.

    (G) Certain title 11 or similar cases (i) Multiple ownership changes

    In the case of a 2nd ownership change to which subsection (l)(5)(D) applies, this paragraph shall not apply for purposes of determining the pre-change loss with respect to such 2nd ownership change.

    (ii) Certain insolvency transactions

    If subsection (l)(6) applies for purposes of determining the value of the old loss corporation under subsection (e), this paragraph shall not apply.

    (H) Not applicable to disallowed interest

    This paragraph shall not apply for purposes of applying the rules of paragraph (1) to the carryover of disallowed interest under paragraph (3).

    This paragraph shall not apply with respect to any trade or business if the date on which such trade or business begins as an active trade or business (as determined under section 195(d)(2) without regard to subparagraph (B) thereof) is on or before September 10, 2018.

    Section 383 is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection:

    (e) Exception for start-up excess credits

    In the case of any unused general business credit of the corporation under section 39 which arose in a start-up period taxable year, the amount of such unused general business credit otherwise taken into account under subsection (a)(2)(A) shall be reduced by the start-up excess credit determined with respect to any trade or business referred to in section 382(d)(4)(B)(i) for such start-up period taxable year.

    (2) Start-up period taxable year

    For purposes of this subsection, the term start-up period taxable year has the meaning given such term in section 382(d)(4)(B).

    For purposes of this subsection, the term start-up excess credit means, with respect to any trade or business referred to in section 382(d)(4)(B)(i) for any start-up period taxable year, the amount which bears the same ratio to the unused general business credit which arose in such start-up period taxable year as—

    the amount of the general business credit which would have been determined for such start-up period taxable year if only credits properly allocable to such trade or business were taken into account, bears to

    the amount of the general business credit determined for such start-up period taxable year.

    (4) Application of certain rules

    Rules similar to the rules of subparagraphs (C)(ii), (D), (E), and (F) of section 382(d)(4) shall apply for purposes of this subsection.

    This subsection shall not apply with respect to any trade or business if the date on which such trade or business begins as an active trade or business (as determined under section 195(d)(2) without regard to subparagraph (B) thereof) is on or before September 10, 2018.

    The amendments made by this section shall apply to taxable years ending after September 10, 2018.

    V Certain tax technical corrections and clarifications 501. Technical amendments relating to Public Law 115–97 (a) Amendment relating to section 11011

    Section 852(b) is amended by adding at the end the following:

    (10) Treatment by shareholders of qualified REIT dividends and qualified publicly traded partnership income (A) In general

    A shareholder of a regulated investment company shall take into account for purposes of section 199A(b)(1)(B)—

    as a qualified REIT dividend the amount which is reported by the company (in written statements furnished to its shareholders) as being attributable to qualified REIT dividends received by the company, and

    as qualified publicly traded partnership income the amount which is reported by the company (in written statements furnished to its shareholders) as being attributable to qualified publicly traded partnership income of the company.

    (B) Excess reported amounts

    Rules similar to the rules of clauses (ii) and (iii) of paragraph (5)(A) shall apply for purposes of this paragraph.

    (C) Negative qualified publicly traded partnership income required to be taken into account

    If the qualified publicly traded partnership income of the company is less than zero, such income shall be reported by the company under subparagraph (A)(ii).

    The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this paragraph.

    Section 168(e)(3)(E) is amended by striking and at the end of clause (v), by striking the period at the end of clause (vi) and inserting , and , and by adding at the end the following new clause:

    any qualified improvement property.

    The table contained in subparagraph (B) of section 168(g)(3) is amended—

    by striking the item relating to subparagraph (D)(v), and

    by inserting after the item relating to subparagraph (E)(vi) the following new item:

    (c) Amendment relating to section 13302

    Section 13302(e)(2) of Public Law 115-97 is amended by striking ending and inserting beginning .

    (d) Amendment relating to section 13307

    Section 162(q)(2) is amended by inserting in the case of the taxpayer for whom a deduction is disallowed by reason of paragraph (1), before attorney’s fees .

    (e) Amendment relating to section 14103

    Section 965(h) is amended by adding at the end the following new paragraphs:

    (7) Excess remittance of installment subject to credit or refund (A) In general

    In the case of a request to credit or refund any excess remittance with respect to an installment under this subsection—

    the Secretary, within the applicable period of limitations, may credit the amount of any excess remittance, without interest, against any liability in respect of an internal revenue tax on the part of the person who made the excess remittance and may refund the excess remittance, without interest, to such person in the same manner as if it were an overpayment of tax for purposes of section 6402, and

    the first sentence of section 6403 shall not apply with respect to such installment.

    For purposes of this paragraph, the term excess remittance means a payment, including an estimated income tax payment, that exceeds the sum of—

    the net income tax liability described under section 965(h)(6)(A)(ii), plus

    the sum of all installments for which the payment due date under this subsection has passed.

    (8) Installments not to prevent adjustment of overpayment of estimated income tax by corporation

    In the case of any tax due as an installment under this subsection, the tax installment shall not be taken into account as a tax for purposes of section 6425(c)(1)(A) until the date on which the tax installment is due.

    Except as otherwise provided in this section, the amendments made by this section shall take effect as if included in the provision of Public Law 115-97 to which they relate.

    502. Clarification of treatment of veterans as specified group for purposes of the low-income housing tax credit

    For purposes of section 42(g)(9)(B) of the Internal Revenue Code of 1986, veterans shall not fail to be treated as a specified group under a Federal program.

    503. Clarification of general public use requirement for qualified residential rental projects (a) In general

    Section 142(d)(2) is amended by adding at the end the following new subparagraph:

    (F) Clarification of general public use requirement

    Rules similar to the rules of section 42(g)(9) shall apply for purposes of this subsection.

    The amendment made by this section shall apply to bonds issued before, on, or after the date of enactment of this Act.

    This division may be cited as the Taxpayer First Act of 2018 .

    Except as otherwise expressly provided, whenever in this division an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.

    The table of contents for this division is as follows:

    Sec. 1. Short title etc. Title I—Putting taxpayers first Subtitle A—Independent appeals process Sec. 1001. Establishment of Internal Revenue Service Independent Office of Appeals. Subtitle B—Improved Service Sec. 1101. Comprehensive customer service strategy. Sec. 1102. IRS Free File Program. Sec. 1103. Low-income exception for payments otherwise required in connection with a submission of an offer-in-compromise. Subtitle C—Sensible Enforcement Sec. 1201. Internal Revenue Service seizure requirements with respect to structuring transactions. Sec. 1202. Exclusion of interest received in action to recover property seized by the Internal Revenue Service based on structuring transaction. Sec. 1203. Clarification of equitable relief from joint liability. Sec. 1204. Modification of procedures for issuance of third-party summons. Sec. 1205. Private debt collection and special compliance personnel program. Sec. 1206. Reform of notice of contact of third parties. Sec. 1207. Modification of authority to issue designated summons. Sec. 1208. Limitation on access of non-Internal Revenue Service employees to returns and return information. Subtitle D—Organizational modernization Sec. 1301. Office of the National Taxpayer Advocate. Sec. 1302. Modernization of Internal Revenue Service organizational structure. Subtitle E—Other provisions Sec. 1401. Return preparation programs for applicable taxpayers. Sec. 1402. Provision of information regarding low-income taxpayer clinics. Sec. 1403. Notice from IRS regarding closure of taxpayer assistance centers. Sec. 1404. Rules for seizure and sale of perishable goods restricted to only perishable goods. Sec. 1405. Whistleblower reforms. Sec. 1406. Customer service information. Sec. 1407. Misdirected tax refund deposits. Title II—21st Century IRS Subtitle A—Cybersecurity and identity protection Sec. 2001. Public-private partnership to address identity theft refund fraud. Sec. 2002. Recommendations of Electronic Tax Administration Advisory Committee regarding identity theft refund fraud. Sec. 2003. Information sharing and analysis center. Sec. 2004. Compliance by contractors with confidentiality safeguards. Sec. 2005. Report on electronic payments. Sec. 2006. Identity protection personal identification numbers. Sec. 2007. Single point of contact for tax-related identity theft victims. Sec. 2008. Notification of suspected identity theft. Sec. 2009. Guidelines for stolen identity refund fraud cases. Sec. 2010. Increased penalty for improper disclosure or use of information by preparers of returns. Subtitle B—Development of information technology Sec. 2101. Management of Internal Revenue Service information technology. Sec. 2102. Development of online accounts and portals. Sec. 2103. Internet platform for Form 1099 filings. Sec. 2104. Streamlined critical pay authority for information technology positions. Subtitle C—Modernization of consent-based income verification system Sec. 2201. Disclosure of taxpayer information for third-party income verification. Sec. 2202. Limit redisclosures and uses of consent-based disclosures of tax return information. Subtitle D—Expanded use of electronic systems Sec. 2301. Electronic filing of returns. Sec. 2302. Uniform standards for the use of electronic signatures for disclosure authorizations to, and other authorizations of, practitioners. Sec. 2303. Payment of taxes by debit and credit cards. Sec. 2304. Requirement that electronically prepared paper returns include scannable code. Sec. 2305. Authentication of users of electronic services accounts. Subtitle E—Other provisions Sec. 2401. Repeal of provision regarding certain tax compliance procedures and reports. Sec. 2402. Comprehensive training strategy. Title III—Miscellaneous provisions Subtitle A—Reform of Laws Governing Internal Revenue Service Employees Sec. 3001. Electronic record retention. Sec. 3002. Prohibition on rehiring any employee of the Internal Revenue Service who was involuntarily separated from service for misconduct. Sec. 3003. Notification of unauthorized inspection or disclosure of returns and return information. Subtitle B—Provisions relating to exempt organizations Sec. 3101. Mandatory e-filing by exempt organizations. Sec. 3102. Notice required before revocation of tax exempt status for failure to file return. Subtitle C—Tax Court Sec. 3301. Disqualification of judge or magistrate judge of the Tax Court. Sec. 3302. Opinions and judgments. Sec. 3303. Title of special trial judge changed to magistrate judge of the Tax Court. Sec. 3304. Repeal of deadwood related to Board of Tax Appeals. I Putting taxpayers first A Independent appeals process 1001. Establishment of Internal Revenue Service Independent Office of Appeals (a) In general

    Section 7803 is amended by adding at the end the following new subsection:

    (e) Independent Office of Appeals

    There is established in the Internal Revenue Service an office to be known as the Internal Revenue Service Independent Office of Appeals .

    (2) Chief of Appeals (A) In general

    The Internal Revenue Service Independent Office of Appeals shall be under the supervision and direction of an official to be known as the Chief of Appeals . The Chief of Appeals shall report directly to the Commissioner of the Internal Revenue Service and shall be entitled to compensation at the same rate as the highest rate of basic pay established for the Senior Executive Service under section 5382 of title 5, United States Code.

    The Chief of Appeals shall be appointed by the Commissioner of the Internal Revenue Service without regard to the provisions of title 5, United States Code, relating to appointments in the competitive service or the Senior Executive Service.

    An individual appointed under subparagraph (B) shall have experience and expertise in—

    administration of, and compliance with, Federal tax laws,

    a broad range of compliance cases, and

    management of large service organizations.

    (3) Purposes and duties of Office

    It shall be the function of the Internal Revenue Service Independent Office of Appeals to resolve Federal tax controversies without litigation on a basis which—

    is fair and impartial to both the Government and the taxpayer,

    promotes a consistent application and interpretation of, and voluntary compliance with, the Federal tax laws, and

    enhances public confidence in the integrity and efficiency of the Internal Revenue Service.

    The resolution process described in paragraph (3) shall be generally available to all taxpayers.

    (5) Limitation on designation of cases as not eligible for referral to Independent Office of Appeals (A) In general

    If any taxpayer which is in receipt of a notice of deficiency authorized under section 6212 requests referral to the Internal Revenue Service Independent Office of Appeals and such request is denied, the Commissioner of the Internal Revenue Service shall provide such taxpayer a written notice which—

    provides a detailed description of the facts involved, the basis for the decision to deny the request, and a detailed explanation of how the basis of such decision applies to such facts, and

    describes the procedures prescribed under subparagraph (C) for protesting the decision to deny the request.

    The Commissioner of the Internal Revenue Service shall submit a written report to Congress on an annual basis which includes the number of requests described in subparagraph (A) which were denied and the reasons (described by category) that such requests were denied.

    (C) Procedures for protesting denial of request

    The Commissioner of the Internal Revenue Service shall prescribe procedures for protesting to the Commissioner of the Internal Revenue Service a denial of a request described in subparagraph (A).

    (D) Not applicable to frivolous positions

    This paragraph shall not apply to a request for referral to the Internal Revenue Service Independent Office of Appeals which is denied on the basis that the issue involved is a frivolous position (within the meaning of section 6702(c)).

    All personnel in the Internal Revenue Service Independent Office of Appeals shall report to the Chief of Appeals.

    (B) Access to staff of Office of the Chief Counsel

    The Chief of Appeals shall have authority to obtain legal assistance and advice from the staff of the Office of the Chief Counsel. The Chief Counsel shall ensure that such assistance and advice is provided by staff of the Office of the Chief Counsel who were not involved in the case with respect to which such assistance and advice is sought and who are not involved in preparing such case for litigation.

    (7) Access to case files (A) In general

    In any case in which a conference with the Internal Revenue Service Independent Office of Appeals has been scheduled upon request of a specified taxpayer, the Chief of Appeals shall ensure that such taxpayer is provided access to the nonprivileged portions of the case file on record regarding the disputed issues (other than documents provided by the taxpayer to the Internal Revenue Service) not later than 10 days before the date of such conference.

    (B) Taxpayer election to expedite conference

    If the taxpayer so elects, subparagraph (A) shall be applied by substituting the date of such conference for 10 days before the date of such conference .

    For purposes of this paragraph—

    The term specified taxpayer means—

    in the case of any taxpayer who is a natural person, a taxpayer whose adjusted gross income does not exceed $400,000 for the taxable year to which the dispute relates, and

    in the case of any other taxpayer, a taxpayer whose gross receipts do not exceed $5,000,000 for the taxable year to which the dispute relates.

    Rules similar to the rules of section 448(c)(2) shall apply for purposes of clause (i)(II).

    The following provisions are each amended by striking Internal Revenue Service Office of Appeals and inserting Internal Revenue Service Independent Office of Appeals :


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