This Act may be cited as the BNA Fairness Act.

(a) In general Section 134(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (7) Basic needs allowance The term qualified military benefit includes the basic needs allowance under section 402b of title 37, United States Code (as in effect at the time of the provision of such allowance).. (b) Conforming amendment Section 134(b)(3)(A) of such Code is amended by striking as provided in subparagraphs (B) and (C) and paragraphs (4) and (5) and inserting as otherwise provided in this subsection. (c) Effective date The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.