Public Law 115–63: To amend title 49, United States Code, to extend authorizations for the airport improvement program, to amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, to provide disaster tax relief, and for other purposes.

Section 48103(a) of title 49, United States Code, by the period at the end and “and $1,670,410,959 for the period beginning on October 1, 2017, and ending on March 31, 2018.”.

Subject to limitations specified in advance in appropriations Acts, sums made available pursuant to the amendment made by paragraph (1) may be obligated at any time through September 30, 2018, and shall remain available until expended.

For purposes of calculating funding apportionments and meeting other requirements under sections 47114, 47115, 47116, and 47117 of title 49, United States Code, for the period beginning on October 1, 2017, and ending on March 31, 2018, the Administrator of the Federal Aviation Administration shall—

(B)

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in the subparagraph heading by “for fiscal year 2017”; and

in the matter preceding clause (i) by “for fiscal year 2017 an amount” and “for each of fiscal years 2017 and 2018 an amount”.

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in subparagraph (D) by “and” at the end;

in subparagraph (E) by the period at the end and “; and”; and

by after subparagraph (E) the following:; and

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in subsection (a)(2) by “2017” and “2018”; and131 STAT. 1171

in subsection (c)(2) by “2017” and “2018”.

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in the matter preceding subparagraph (A) by “October 1, 2017” and “April 1, 2018”; and

in subparagraph (A) by the semicolon at the end and “or the Disaster Tax Relief and Airport and Airway Extension Act of 2017;”.

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Section 4261(k)(1)(A)(ii) of such Code by “September 30, 2017” and “March 31, 2018”.

Section 4271(d)(1)(A)(ii) of such Code by “September 30, 2017” and “March 31, 2018”.

Section 4083(b) of such Code by “October 1, 2017” and “April 1, 2018”.

Section 4261(j) of such Code by “September 30, 2017” and “March 31, 2018”.

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by “and $60,000,000” and “, $60,000,000”; and

by “, and $15,000,000 for the first quarter of fiscal year 2018” before the period at the end.

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in subparagraph (B), by “and” at the end;

in subparagraph (C), by the period at the end and “; and”; and

by at the end the following new subparagraph:.

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the second subpart XI (42 U.S.C. 256i; relating to a community-based collaborative care network program) as subpart XII; and

the second section 340H (42 U.S.C. 256i) as section 340I.

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“and, subject to the availability of funds under subsection (g)—

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The term “” means that portion of the Hurricane Harvey 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 Harvey.

The term “” means an area with respect to which a major disaster has been declared by the President before September 21, 2017, under section 401 of such Act by reason of Hurricane Harvey.

The term “” means that portion of the Hurricane Irma disaster area determined by the President to warrant individual or individual and public assistance from the Federal Government under such Act by reason of Hurricane Irma.

The term “” means an area with respect to which a major disaster has been declared by the President before September 21, 2017, under section 401 of such Act by reason of Hurricane Irma.

The term “” means that portion of the Hurricane Maria disaster area determined by the President to warrant individual or individual and public assistance from the Federal Government under such Act by reason of Hurricane Maria.

The term “” means an area with respect to which a major disaster has been declared by the President before September 21, 2017, under section 401 of such Act by reason of Hurricane Maria.

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

(A)

In general.—

For purposes of this subsection—

(A)

Time periods.

Qualified hurricane distribution.—

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For purposes of this subsection, the term “” means any distribution—

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, 2018—

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)—

For purposes of this subsection—

For purposes of this subsection, the qualified beginning date is—

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).

(A)

In general.—

(B)

Conditions.—

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

(A)

Eligible employer.—

(C)

Qualified wages.—

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

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.

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

(A)

Eligible employer.—

(C)

Qualified wages.—

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

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 subsection (a), or section 51 of the Internal Revenue Code of 1986, with respect to such employee for such period.

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

(A)

Eligible employer.—

(C)

Qualified wages.—

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

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 subsection (a) or (b), or section 51 of the Internal Revenue Code of 1986, with respect to such employee for such period.

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.

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

(A)

Individuals.—

(B)

Corporations.—

So much of any deduction allowed under section 170 of the Internal Revenue Code of 1986 as does not exceed the qualified contributions paid during the taxable year shall not be treated as an itemized deduction for purposes of section 68 of such Code.

(A)

Definition.

In general.—

(B)

Exception.—

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

(A)

Determination.

For purposes of this subsection, the term “” 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).

For purposes of this subsection, the term “” means losses described in section 165(c)(3) of the Internal Revenue Code of 1986—

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

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Puerto Rico.

the case of a resident of Puerto Rico determining the credit allowed under section 24(d)(1)(B)(ii) of such Code, the preceding sentence shall be applied by substituting “social security taxes (as defined in section 24(d)(2)(A) of the Internal Revenue Code of 1986)” for “earned income” each place it appears.

For purposes of this subsection—

(B)

Qualified hurricane harvey individual.—

(C)

Qualified hurricane irma individual.—

(D)

Qualified hurricane maria individual.—

For purposes of this subsection, the term “” means—

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

(A)

Application to joint returns.—