[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 968 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 968

    To amend the National Flood Insurance Act of 1968 to allow the 
rebuilding, without elevation, of certain structures located in special 
  flood hazard zones that are damaged by fire, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 2013

  Ms. Matsui introduced the following bill; which was referred to the 
                    Committee on Financial Services

_______________________________________________________________________

                                 A BILL


 
    To amend the National Flood Insurance Act of 1968 to allow the 
rebuilding, without elevation, of certain structures located in special 
  flood hazard zones that are damaged by fire, and for other purposes.

    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 ``Fire-Damaged Home Rebuilding Act of 
2013''.

SEC. 2. REQUIREMENTS FOR STATE AND LOCAL LAND USE CONTROLS.

    Subsection (a) of section 1315 of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4022(a)) is amended by adding at the end the 
following new paragraph:
            ``(3) Allowable local variances for certain residential 
        structures.--
                    ``(A) Requirement.--Notwithstanding any other 
                provision of this Act, the land use and control 
                measures adopted pursuant to paragraph (1) may not, for 
                purposes of such paragraph, be considered to be 
                inadequate or inconsistent with the comprehensive 
                criteria for land management and use under section 1361 
                because such measures provide that, in the case of any 
                residential structure that is located in a covered area 
                and is substantially damaged by fire, a variance in 
                accordance with subparagraph (C) may be granted, and 
                the Administrator may not suspend a community from 
                participation in the national flood insurance program, 
                or place such a community on probation under such 
                program, because such land use and control measures 
                provide for such a variance.
                    ``(B) Covered area.--For purposes of subparagraph 
                (A), the term `covered area' means an area that--
                            ``(i) has special flood hazards;
                            ``(ii) will be protected by a levee system 
                        that will meet the requirements of section 
                        65.10 of the Administrator's regulations (44 
                        C.F.R. 65.10) and toward the repair, 
                        replacement, or construction of which adequate 
                        progress, acceptable to the Administrator, has 
                        been made; and
                            ``(iii) absent the protection provided by 
                        such levee, is subject to significant base 
                        flood elevations of not less than a reasonable 
                        height, as determined by the Administrator.
                    ``(C) Variance; considerations.--A variance in 
                accordance with this subparagraph is a variance, 
                granted by an appropriate official of the community, 
                from compliance with such land use and control measures 
                that allows for the repair and restoration of such 
                structure to its predamaged condition without elevation 
                of the structure, but only after a determination by 
                such appropriate official that--
                            ``(i) the repaired and restored structure 
                        is located on the original location of the 
                        structure prior to such fire damage and the 
                        footprint of such repaired and restored 
                        structure does not exceed the footprint of the 
                        original structure;
                            ``(ii) the elevation of the repaired and 
                        restored structure is consistent with existing 
                        construction in the neighborhood;
                            ``(iii) no claims payments have been made 
                        under flood insurance coverage under this title 
                        for losses to such structure;
                            ``(iv) the owner of the structure for which 
                        the variance is granted has owned the structure 
                        continually from before the time of the fire 
                        damage referred to in subparagraph (A); and
                            ``(v) the repair and restoration of the 
                        structure is for the purpose of continued 
                        occupancy by such owner.''.

SEC. 3. PREMIUM RATES.

    Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4015) is amended by adding at the end the following new subsection:
    ``(j) Premium Rates for Structures With Certain Variances.--
Notwithstanding any other provision of this Act, the chargeable premium 
rate for coverage under this title for any residential structure 
provided a variance pursuant to section 1315(a)(3) shall, after repair 
and restoration of the structure pursuant to such variance, be the rate 
that otherwise would apply to such structure if the structure had not 
been substantially damaged and repaired and restored pursuant to such 
variance.''.
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