[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6763 Introduced in House (IH)]

<DOC>






119th CONGRESS
  1st Session
                                H. R. 6763

To amend the Internal Revenue Code of 1986 to provide a credit against 
               tax for disaster mitigation expenditures.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 16, 2025

 Ms. Salazar (for herself, Ms. Pettersen, Mr. Gimenez, and Mr. Peters) 
 introduced the following bill; which was referred to the Committee on 
                             Ways and Means

_______________________________________________________________________

                                 A BILL


 
To amend the Internal Revenue Code of 1986 to provide a credit against 
               tax for disaster mitigation expenditures.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Shelter Act''.

SEC. 2. NONREFUNDABLE PERSONAL CREDIT FOR DISASTER MITIGATION 
              EXPENDITURES.

    (a) In General.--Subpart A of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986, as amended by section 70411 of 
Public Law 119-21, is amended by inserting after section 25F the 
following new section:

``SEC. 25G. DISASTER MITIGATION EXPENDITURES.

    ``(a) Allowance of Credit.--
            ``(1) In general.--In the case of an individual, there 
        shall be allowed as a credit against the tax imposed by this 
        chapter for the taxable year an amount equal to 25 percent of 
        the qualified disaster mitigation expenditures made by the 
        taxpayer during such taxable year.
            ``(2) Annual limitation.--Subject to subsection (b), the 
        credit allowed to a taxpayer under paragraph (1) for any 
        taxable year shall not exceed $3,750 (or, in the case of a 
        joint return, $7,500).
            ``(3) Cumulative limitation per qualified dwelling unit.--
        Subject to subsection (b), the credit allowed under paragraph 
        (1) with respect to a qualified dwelling unit of the taxpayer 
        for any taxable year shall not exceed the excess (if any) of 
        $15,000 over the aggregate credits allowed under such paragraph 
        with respect to such qualified dwelling unit for all prior 
        taxable years ending after December 31, 2025.
    ``(b) Income Phaseout.--
            ``(1) In general.--The amount of the credit allowed under 
        subsection (a)(1) for the taxable year shall be reduced (but 
        not below zero) by an amount which bears the same ratio to the 
        amount under such subsection as--
                    ``(A) the amount (not less than zero) equal to the 
                adjusted gross income of the taxpayer for such taxable 
                year minus $100,000, bears to
                    ``(B) $50,000.
            ``(2) Inflation adjustment.--In the case of any taxable 
        year after 2026, each of the dollar amounts under paragraph (1) 
        shall be increased by an amount equal to--
                    ``(A) such dollar amount, multiplied by
                    ``(B) the cost-of-living adjustment determined 
                under section 1(f)(3) for the calendar year in which 
                the taxable year begins, determined by substituting 
                `calendar year 2025' for `calendar year 2016' in 
                subparagraph (A)(ii) thereof.
            ``(3) Rounding.--If any reduction determined under 
        paragraph (1) is not a multiple of $50, or any increase under 
        paragraph (2) is not a multiple of $50, such amount shall be 
        rounded to the nearest multiple of $50.
            ``(4) Joint return.--If a joint return is filed by the 
        taxpayer for the taxable year, for purposes of determining the 
        amount of any reduction under paragraph (1) for such taxable 
        year, the dollar amounts under such paragraph (after 
        application of paragraphs (2) and (3)) shall be doubled.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Qualified disaster mitigation expenditure.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), the term `qualified disaster mitigation 
                expenditure' means an expenditure relating to a 
                qualified dwelling unit--
                            ``(i) for property to--
                                    ``(I) improve the strength of a 
                                roof deck attachment,
                                    ``(II) create a secondary water 
                                barrier to prevent water intrusion or 
                                mitigate against potential water 
                                intrusion from wind-driven rain,
                                    ``(III) improve the durability, 
                                impact resistance (not less than class 
                                3 or 4 rating), or fire resistance (not 
                                less than class A rating) of a roof 
                                covering,
                                    ``(IV) brace gable-end walls,
                                    ``(V) reinforce the connection 
                                between a roof and supporting wall,
                                    ``(VI) protect openings from 
                                penetration by wind-borne debris,
                                    ``(VII) protect exterior doors and 
                                garages from natural hazards,
                                    ``(VIII) complete measures 
                                contained in the publication of the 
                                Federal Emergency Management Agency 
                                entitled `Wind Retrofit Guide for 
                                Residential Buildings' (P-804),
                                    ``(IX) elevate the qualified 
                                dwelling unit, as well as utilities, 
                                machinery, or equipment, above the base 
                                flood elevation or other applicable 
                                minimum elevation requirement,
                                    ``(X) seal walls in the basement of 
                                the qualified dwelling unit using 
                                waterproofing compounds, or
                                    ``(XI) protect propane tanks or 
                                other external fuel sources,
                            ``(ii) to install--
                                    ``(I) check valves to prevent flood 
                                water from backing up into drains,
                                    ``(II) flood vents, breakaway walls 
                                or open lattice for homes located in V 
                                zones,
                                    ``(III) a stormwater drainage 
                                system or improve an existing system,
                                    ``(IV) natural or nature-based 
                                features for flood control, including 
                                living shorelines,
                                    ``(V) roof coverings, sheathing, 
                                flashing, roof and attic vents, eaves, 
                                or gutters that conform to ignition-
                                resistant construction standards,
                                    ``(VI) wall components for wall 
                                assemblies that conform to ignition-
                                resistant construction standards,
                                    ``(VII) a wall-to-foundation anchor 
                                or connector, or a shear transfer 
                                anchor or connector,
                                    ``(VIII) wood structural panel 
                                sheathing for strengthening cripple 
                                walls,
                                    ``(IX) anchorage of the masonry 
                                chimney to the framing,
                                    ``(X) prefabricated lateral 
                                resisting systems,
                                    ``(XI) a standby generator system 
                                consisting of a standby generator and 
                                an automatic transfer switch,
                                    ``(XII) a storm shelter that meets 
                                the design and construction standards 
                                established by the International Code 
                                Council and the National Storm Shelter 
                                Association (ICC-500), or a safe room 
                                that satisfies the criteria contained 
                                in--
                                            ``(aa) the publication of 
                                        the Federal Emergency 
                                        Management Agency entitled 
                                        `Safe Rooms for Tornadoes and 
                                        Hurricanes' (P-361), or
                                            ``(bb) the publication of 
                                        the Federal Emergency 
                                        Management Agency entitled 
                                        `Taking Shelter from the Storm' 
                                        (P-320),
                                    ``(XIII) a lightning protection 
                                system,
                                    ``(XIV) exterior walls, doors, 
                                windows, or other exterior dwelling 
                                unit elements that conform to ignition-
                                resistant construction standards,
                                    ``(XV) exterior deck or fence 
                                components that conform to ignition-
                                resistant construction standards,
                                    ``(XVI) structure-specific water 
                                hydration systems, including fire 
                                mitigation systems such as interior and 
                                exterior sprinkler systems,
                                    ``(XVII) water capture and delivery 
                                systems to accommodate drought events 
                                or to decrease water use, including the 
                                design of such systems,
                                    ``(XVIII) flood openings for fully 
                                enclosed areas below the lowest floor 
                                of the dwelling unit,
                                    ``(XIX) lateral bracing for wall 
                                elements, foundation elements, and 
                                garage doors or other large openings to 
                                resist seismic loads, or
                            ``(iii) automatic shutoff valves for water 
                        and gas lines, or
                                    ``(I) for services or equipment 
                                to--
                                            ``(aa) create buffers 
                                        around the qualified dwelling 
                                        unit through the removal or 
                                        reduction of flammable 
                                        vegetation, including vertical 
                                        clearance of tree branches,
                                            ``(bb) create buffers 
                                        around the dwelling unit 
                                        through--

                                                    ``(AA) the removal 
                                                of exterior deck or 
                                                fence components or 
                                                ignition-prone 
                                                landscape features, or

                                                    ``(BB) replacement 
                                                of the components or 
                                                features described in 
                                                item (aa) with 
                                                components or features 
                                                that conform to 
                                                ignition-resistant 
                                                construction standards,

                                            ``(cc) perform fire 
                                        maintenance procedures 
                                        identified by the Federal 
                                        Emergency Management Agency or 
                                        the United States Forest 
                                        Service, including fuel 
                                        management techniques such as 
                                        creating fuel and fire breaks,
                                            ``(dd) replace flammable 
                                        vegetation with less flammable 
                                        species, or
                                            ``(ee) prevent smoke 
                                        inhalation, such as air filters 
                                        or other equipment designed to 
                                        prevent smoke from entering the 
                                        dwelling unit,
                                    ``(II) for property relating to 
                                satisfying the standards required for 
                                receipt of a FORTIFIED designation or a 
                                Wildfire Prepared designation from the 
                                Insurance Institute for Business and 
                                Home Safety, or any third-party 
                                verified certification demonstrating 
                                compliance with nationally recognized 
                                and consensus-based hazard mitigation 
                                or resilience standards, provided that 
                                the qualified dwelling unit receives 
                                such designation or certifications 
                                following installation of such 
                                property, or
                                    ``(III) for any other hazard 
                                mitigation activity which has been 
                                identified by the Secretary, in 
                                consultation with the Administrator of 
                                the Federal Emergency Management 
                                Agency, for mitigation of a natural 
                                hazard or compliance with other 
                                consensus-based resiliency standards.
                    ``(B) Hazard-specific applicability.--
                            ``(i) In general.--Subject to clause (ii), 
                        the term `qualified disaster mitigation 
                        expenditure' shall only apply to expenditures 
                        relating to a qualified dwelling unit which are 
                        described in subparagraph (A) if such 
                        expenditures address a hazard type identified 
                        in the applicable State or tribal Standard 
                        State Mitigation Plans or Enhanced State 
                        Mitigation Plans, as prepared under section 
                        201.4 or 201.5 of title 44, Code of Federal 
                        Regulations (as in effect on the date of 
                        enactment of this section).
                            ``(ii) Negative lists.--The Secretary, in 
                        consultation with the Administrator of the 
                        Federal Emergency Management Agency, may 
                        publish a list of inapplicable expenditures 
                        which are region-specific in order to prohibit 
                        the application of subsection (a) for 
                        expenditures relating to hazards which are not 
                        relevant to the location of the qualified 
                        dwelling unit.
                    ``(C) Exception.--The term `qualified disaster 
                mitigation expenditure' shall not include any 
                expenditure or portion thereof which is paid, funded, 
                or reimbursed by a Federal, State, or local government 
                entity, or any political subdivision, agency, or 
                instrumentality thereof.
            ``(2) Qualified dwelling unit.--The term `qualified 
        dwelling unit' means a dwelling unit which is located--
                    ``(A) in the United States or in a territory of the 
                United States, and
                    ``(B) in an area--
                            ``(i) which, during the taxable year or the 
                        period of the 5 taxable years preceding such 
                        taxable year, has received hazard mitigation 
                        assistance through the Federal Emergency 
                        Management Agency in regard to any natural 
                        disaster which, with respect to the expenditure 
                        described in paragraph (1) which is made by the 
                        taxpayer, is applicable to such expenditure, 
                        and
                            ``(ii)(I) in which a Federal natural 
                        disaster declaration has been made within the 
                        preceding 5-year period,
                            ``(II) which is adjacent to an area 
                        described in subclause (I), or
                            ``(III) which, with respect to any taxable 
                        year, has been designated as a community 
                        disaster resilience zone (as defined in section 
                        206(a) of the Robert T. Stafford Disaster 
                        Relief and Emergency Assistance Act (42 U.S.C. 
                        5136(a))).
    ``(d) Limitation.--
            ``(1) In general.--In the case of an expenditure described 
        in clause (i) or (ii) of subsection (c)(1)(A), such expenditure 
        shall be taken into account in determining the qualified 
        disaster mitigation expenditures made by the taxpayer during 
        the taxable year only if the onsite preparation, assembly, or 
        original installation of the property with respect to which 
        such expenditure is made has been completed in a manner that is 
        deemed to be in compliance with the latest published editions 
        of relevant consensus-based codes, specifications, and 
        standards or any more restrictive Federal, State, or local 
        floodplain manage