I 
111TH CONGRESS 
1ST SESSION 
H. R. 777 
To prohibit the Administrator of the Federal Emergency Management Agency 
from updating flood maps until the Administrator submits to Congress 
a community outreach plan, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 28, 2009 
Mr. PALLONE introduced the following bill; which was referred to the Com-
mittee on Financial Services, and in addition to the Committee on Ways 
and Means, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To prohibit the Administrator of the Federal Emergency 
Management Agency from updating flood maps until the 
Administrator submits to Congress a community out-
reach plan, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. MORATORIUM ON FLOOD MAP UPDATES. 
The Administrator of the Federal Emergency Man-
agement Agency may not revise and update a floodplain 
area or flood-risk zone under section 1360(f) of the Na-
tional Flood Insurance Act of 1968 (42 U.S.C. 4101(f)) 
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until the date on which the Administrator submits to Con-
gress a community outreach plan for the updating of 
floodplain areas and flood-risk zones. 
SEC. 2. REFUNDABLE CREDIT FOR RESIDENTIAL PROP-
ERTY LOCATED IN EXPANDED FLOOD ZONE. 
(a) IN GENERAL.—Subpart C of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 (relating to refundable credits) is amended by insert-
ing after section 36 the following new section: 
‘‘SEC. 36A. NEW FLOOD ZONE PREMIUM CREDIT. 
‘‘(a) ALLOWANCE OF CREDIT.—In the case of an eli-
gible individual, there shall be allowed as a credit against 
the tax imposed by this chapter for the taxable year an 
amount equal to the premium paid by the taxpayer for 
flood insurance under the National Flood Insurance Act 
of 1968 (42 U.S.C. 4001 et seq.) covering any residential 
property of the taxpayer which is a qualified flood risk 
property. 
‘‘(b) LIMITATIONS.— 
‘‘(1) LIMITATION BASED ON INCOME.— 
‘‘(A) IN
GENERAL.—The amount which 
would (but for this subsection) be allowable as 
a credit under this section shall be reduced (but 
not below zero) by the amount determined 
under subparagraph (B). 
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‘‘(B) 
AMOUNT
OF
REDUCTION.—The 
amount determined under this subparagraph is 
the amount which bears the same ratio to the 
amount which would be so taken into account 
as— 
‘‘(i) the excess of— 
‘‘(I) the taxpayer’s modified ad-
justed gross income for such taxable 
year, over 
‘‘(II) $50,000 ($100,000 in the 
case of a joint return), bears to 
‘‘(ii) $100,000 ($200,000 in the case 
of a joint return). 
‘‘(C) MODIFIED
ADJUSTED
GROSS
IN-
COME.—For purposes of subparagraph (B), the 
term ‘modified adjusted gross income’ means 
adjusted gross income determined— 
‘‘(i) without regard to this section and 
sections 199, 222, 911, 931, and 933, and 
‘‘(ii) after application of sections 86, 
135, 137, 219, 221, and 469. 
‘‘(2) LIMITATION
BASED
ON
PERIOD.—No 
amount shall be allowed as a credit under subsection 
(a) with respect to any residential property after the 
end of the 4th calendar beginning after the calendar 
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year in which the map referred to in subsection 
(c)(1) first became effective. 
‘‘(c) QUALIFIED FLOOD RISK PROPERTY.—For pur-
poses of this section, the term ‘qualified flood risk prop-
erty’ means a residential property (within the meaning of 
the National Flood Insurance Act of 1968) which— 
‘‘(1) is located in a floodplain area or flood-risk 
zone, as depicted on a flood insurance rate map re-
vised and updated pursuant to section 1360(f) of the 
National Flood Insurance Act of 1968 (42 U.S.C. 
4101), 
‘‘(2) was outside of any floodplain area or 
flood-risk zone prior to such revision and updating, 
and 
‘‘(3) with respect to which— 
‘‘(A) the taxpayer owned such property on 
the date such revised and updated map first be-
came effective, or 
‘‘(B) the purchase or construction of which 
by the taxpayer was subject to a binding writ-
ten contract on such date.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Paragraph (2) of section 1324(b) of title 
31, United States Code, is amended by inserting ‘‘, 
36A’’ after ‘‘36’’. 
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(2) The table of sections for subpart C of part 
IV of subchapter A of chapter 1 of the Internal Rev-
enue Code of 1986 is amended by inserting after the 
item relating to section 36 the following new item: 
‘‘Sec. 36A. New flood zone premium credit.’’. 
(c) EFFECTIVE DATE; WAIVER OF LIMITATIONS.— 
(1) IN GENERAL.—The amendments made by 
this section shall apply with respect to any flood in-
surance rate map which becomes effective pursuant 
to section 1360(f) of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4101). 
(2) WAIVER
OF
LIMITATIONS.—If refund or 
credit of any overpayment of tax resulting from the 
amendments made by this section is prevented at 
any time before the close of the 1-year period begin-
ning on the date of the enactment of this Act by the 
operation of any law or rule of law (including res ju-
dicata), such refund or credit may nevertheless be 
made or allowed if claim therefor is filed before the 
close of such period. 
SEC. 3. GRANT PROGRAM TO IMPROVE COMMUNITY RAT-
ING. 
Section 1315(b) of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4022(b)) is amended— 
(1) by redesignating paragraph (4) as para-
graph (5); and 
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(2) by inserting after paragraph (3) the fol-
lowing new paragraph: 
‘‘(5) GRANTS.—The program shall provide 
grants to communities for projects to improve the 
community rating of the communities under the pro-
gram.’’. 
Æ 
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