II 119THCONGRESS 1 STSESSION S. 586 To amend the Internal Revenue Code of 1986 to provide an advance refund- able credit to offset certain flood insurance premiums, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY13, 2025 Mr. C ASSIDY(for himself and Mr. BOOKER) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide an advance refundable credit to offset certain flood insur- ance premiums, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Flood Insurance Af-4 fordability Tax Credit Act’’. 5 SEC. 2. REFUNDABLE CREDIT FOR CERTAIN FLOOD INSUR-6 ANCE COVERAGE. 7 (a) I NGENERAL.—Subpart C of part IV of sub-8 chapter A of chapter 1 of the Internal Revenue Code of 9 VerDate Sep 11 2014 23:52 Mar 07, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S586.IS S586 ssavage on LAPJG3WLY3PROD with BILLS 2 •S 586 IS 1986 is amended by inserting after section 36B the fol-1 lowing new section: 2 ‘‘SEC. 36C. REFUNDABLE CREDIT FOR CERTAIN FLOOD IN-3 SURANCE COVERAGE. 4 ‘‘(a) I NGENERAL.—There shall be allowed as a cred-5 it against the tax imposed by this subtitle for any taxable 6 year an amount equal to 33 percent of the applicable flood 7 insurance premiums paid or incurred by the taxpayer dur-8 ing the taxable year. 9 ‘‘(b) L IMITATIONBASED ONHOUSEHOLDINCOME.— 10 ‘‘(1) I N GENERAL.—The amount of the credit 11 allowed under subsection (a) (determined without re-12 gard to this subsection) shall be reduced (but not 13 below zero) by the amount which bears the same 14 ratio to such credit as— 15 ‘‘(A) the excess (if any) of— 16 ‘‘(i) the taxpayer’s household income 17 for such taxable year, over 18 ‘‘(ii) an amount equal to 350 percent 19 of the poverty line for a family of the size 20 involved, bears to 21 ‘‘(B) the phaseout amount. 22 ‘‘(2) P HASEOUT AMOUNT .—For purposes of 23 this subsection, the phaseout amount with respect to 24 any taxpayer for any taxable year is the excess of— 25 VerDate Sep 11 2014 23:52 Mar 07, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S586.IS S586 ssavage on LAPJG3WLY3PROD with BILLS 3 •S 586 IS ‘‘(A) an amount equal to 435 percent of 1 the poverty line for a family of the size in-2 volved, over 3 ‘‘(B) an amount equal to 350 percent of 4 the poverty line for a family of the size in-5 volved. 6 ‘‘(3) T ERMS RELATED TO INCOME AND FAMI -7 LIES.—Rules similar to the rules of section 36B(d) 8 shall apply for purposes of determining family size, 9 household income, and the poverty line. 10 ‘‘(c) A PPLICABLEFLOODINSURANCEPREMIUMS.— 11 For purposes of this section, the term ‘applicable flood in-12 surance premiums’ means premiums paid or incurred to 13 insure the principal residence (within the meaning of sec-14 tion 121) of the taxpayer under the program established 15 under the National Flood Insurance Act of 1968 (42 16 U.S.C. 4001 et seq.). 17 ‘‘(d) O THERRULES.— 18 ‘‘(1) N O CREDIT FOR MARRIED INDIVIDUALS 19 FILING SEPARATE RETURNS .—If the taxpayer is a 20 married individual (within the meaning of section 21 7703), this section shall apply only if the taxpayer 22 and the taxpayer’s spouse file a joint return for the 23 taxable year. 24 VerDate Sep 11 2014 23:52 Mar 07, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S586.IS S586 ssavage on LAPJG3WLY3PROD with BILLS 4 •S 586 IS ‘‘(2) DENIAL OF CREDIT TO DEPENDENTS .—No 1 credit shall be allowed under this section to any indi-2 vidual with respect to whom a deduction under sec-3 tion 151 is allowable to another taxpayer for a tax-4 able year beginning in the calendar year in which 5 such individual’s taxable year begins. 6 ‘‘(e) R ECONCILIATION OF CREDIT ANDADVANCE 7 C REDIT.—The amount of the credit allowed under this 8 section for any taxable year shall be reduced (but not 9 below zero) by the amount of any advance payment of such 10 credit under section 7527B. 11 ‘‘(f) R EGULATIONS.—The Secretary shall prescribe 12 such regulations as may be necessary to carry out the pro-13 visions of this section, including regulations which provide 14 for the coordination of the credit allowed under this sec-15 tion with the program for advance payment of the credit 16 under section 7527B.’’. 17 (b) D ISALLOWANCE OF DEDUCTION.—Section 280C 18 of the Internal Revenue Code of 1986 is amended by add-19 ing at the end the following new subsection: 20 ‘‘(i) C REDIT FORCERTAINFLOODINSURANCECOV-21 ERAGE.—No deduction shall be allowed for the portion of 22 the applicable flood insurance premiums (as defined in 23 section 36C) which is equal to the amount of the credit 24 VerDate Sep 11 2014 23:52 Mar 07, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S586.IS S586 ssavage on LAPJG3WLY3PROD with BILLS 5 •S 586 IS determined for the taxable year under section 36C(a) with 1 respect to such premiums.’’. 2 (c) C ONFORMINGAMENDMENTS.— 3 (1) Section 6211(b)(4)(A) of the Internal Rev-4 enue Code of 1986 is amended by inserting ‘‘, 36C’’ 5 after ‘‘36B’’. 6 (2) Paragraph (2) of section 1324(b) of title 7 31, United States Code, is amended by inserting ‘‘, 8 36C’’ after ‘‘36B’’. 9 (d) C LERICALAMENDMENT.—The table of sections 10 for subpart C of part IV of subchapter A of chapter 1 11 of the Internal Revenue Code of 1986 is amended by in-12 serting after the item relating to section 36B the following 13 new item: 14 ‘‘Sec. 36C. Refundable credit for certain flood insurance coverage.’’. (e) EFFECTIVEDATE.—The amendments made by 15 this section shall apply to amounts paid or incurred in tax-16 able years beginning after the date of the enactment of 17 this Act. 18 SEC. 3. ADVANCE PAYMENTS. 19 (a) I NGENERAL.—Chapter 77 of the Internal Rev-20 enue Code of 1986 is amended by inserting after section 21 7527A the following new section: 22 VerDate Sep 11 2014 23:52 Mar 07, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S586.IS S586 ssavage on LAPJG3WLY3PROD with BILLS 6 •S 586 IS ‘‘SEC. 7527B. ADVANCE PAYMENT OF CREDIT FOR CERTAIN 1 FLOOD INSURANCE COVERAGE. 2 ‘‘(a) I NGENERAL.—The Secretary shall establish a 3 program for making payments of applicable flood insur-4 ance premiums (as defined in section 36C(c)) on behalf 5 of applicable individuals to the Administrator of the Fed-6 eral Emergency Management Agency for such individuals. 7 ‘‘(b) L IMITATION ONADVANCEPAYMENTSDURING 8 A NYTAXABLEYEAR.— 9 ‘‘(1) I N GENERAL.—The Secretary may make 10 payments under subsection (a) only to the extent 11 that the total amount of such payments made on be-12 half of any applicable individual during the taxable 13 year does not exceed 33 percent of the applicable 14 flood insurance premiums (as defined in section 15 36C) paid or incurred by the applicable individual 16 during such taxable year (reduced as provided under 17 section 36C(b) based on applicable information). 18 ‘‘(2) A PPLICABLE INFORMATION .—For pur-19 poses of paragraph (1), the term ‘applicable infor-20 mation’ means— 21 ‘‘(A) tax return information for the most 22 recent taxable year for which the Secretary de-23 termines information is available, or 24 ‘‘(B) such other information as the Sec-25 retary determines is reliable to determine the 26 VerDate Sep 11 2014 23:52 Mar 07, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S586.IS S586 ssavage on LAPJG3WLY3PROD with BILLS 7 •S 586 IS amount (if any) of any reduction under section 1 36C(b). 2 ‘‘(c) A PPLICABLEINDIVIDUAL.—For purposes of this 3 section, the term ‘applicable individual’ means any indi-4 vidual who elects the application of this section (in such 5 form and manner as provided by the Secretary).’’. 6 (b) C LERICALAMENDMENT.—The table of sections 7 for chapter 77 of such Code is amended by inserting after 8 the item relating to section 7527A the following new item: 9 ‘‘Sec. 7527B. Advance payment of credit for certain flood insurance coverage.’’. Æ VerDate Sep 11 2014 23:52 Mar 07, 2025 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S586.IS S586 ssavage on LAPJG3WLY3PROD with BILLS