I 
114TH CONGRESS 
1ST SESSION 
H. R. 947 
To amend the National Flood Insurance Act of 1968 to allow the rebuilding, 
without elevation, of certain structures that are located in areas having 
special flood hazards and are substantially damaged by fire, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 12, 2015 
Ms. MATSUI (for herself and Mr. MCNERNEY) 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 struc-
tures that are located in areas having special flood haz-
ards and are substantially damaged by fire, 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. SHORT TITLE. 
This Act may be cited as the ‘‘Fire-Damaged Home 
Rebuilding Act of 2015’’. 
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SEC. 2. REQUIREMENTS FOR STATE AND LOCAL LAND USE 
CONTROLS. 
Section 1315(a) of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4022(a)) is amended by adding at the 
end the following: 
‘‘(3) ALLOWABLE LOCAL VARIANCES FOR CER-
TAIN RESIDENTIAL STRUCTURES.— 
‘‘(A) DEFINITIONS.—In this paragraph— 
‘‘(i) the term ‘covered area’ means an 
area having special flood hazards that— 
‘‘(I) is or will be protected by a 
levee system— 
‘‘(aa) that meets or will 
meet the requirements estab-
lished under section 65.10 of title 
44, Code of Federal Regulations, 
or any successor thereto; and 
‘‘(bb) with respect to which 
adequate progress toward the re-
pair, replacement, or construction 
of the levee system has been 
made, 
provided 
that 
such 
progress is acceptable to the local 
floodplain manager; and 
‘‘(II) absent the protection pro-
vided by the levee system, is subject 
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to significant base flood elevations of 
not less than a reasonable height, as 
determined by the Administrator; 
‘‘(ii) the term ‘eligible structure’ 
means a residential structure that— 
‘‘(I) is located in a covered area; 
and 
‘‘(II) is substantially damaged by 
a fire or other disaster, not including 
a flood; and 
‘‘(iii) the term ‘substantially dam-
aged’, with respect to a structure, means a 
structure that incurs substantial damage, 
as that term is defined in section 59.1 of 
title 44, Code of Federal Regulations, or 
any successor thereto. 
‘‘(B) AUTHORIZATION FOR VARIANCES.— 
Notwithstanding any other provision of this 
title, the adequate land use and control meas-
ures required to be adopted in an area (or sub-
division thereof) pursuant to paragraph (1) may 
permit an appropriate State or local authority 
to grant a variance described in subparagraph 
(C). 
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‘‘(C) REQUIREMENTS FOR VARIANCES.—A 
variance described in this subparagraph is a 
variance from compliance with the adequate 
land use and control measures required to be 
adopted in an area (or subdivision thereof) pur-
suant to paragraph (1) that allows for the re-
pair and restoration of an eligible structure to 
its predamaged condition without elevation of 
the structure, after an appropriate State or 
local authority determines that— 
‘‘(i) the repaired and restored struc-
ture will be located on the same site as the 
structure was located before being substan-
tially damaged by a fire or other disaster, 
not including a flood; 
‘‘(ii) the footprint of the repaired and 
restored structure will not exceed the foot-
print of the original structure; 
‘‘(iii) the number of floors of the re-
paired and restored structure will not ex-
ceed the number of floors of the original 
structure; 
‘‘(iv) no claims payments have been 
made under flood insurance coverage under 
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this title for damages to or loss of the 
structure; 
‘‘(v) the owner of the structure has 
owned the structure continually from be-
fore the time of the damage described in 
clause (i); and 
‘‘(vi) the repair and restoration of the 
structure is for the purpose of occupancy 
by the owner of the structure. 
‘‘(D) MAXIMUM NUMBER OF VARIANCES.— 
During any calendar year, an appropriate State 
or local authority may not grant more than 10 
variances in accordance with this paragraph for 
a covered area. 
‘‘(E) PROHIBITION.—The Administrator 
may not— 
‘‘(i) find that land use and control 
measures are inadequate or inconsistent 
with the comprehensive criteria for land 
management and use under section 1361 
because the land use and control measures 
permit the granting of a variance in ac-
cordance with this paragraph; or 
‘‘(ii) suspend an area (or subdivision 
thereof) from participation in the national 
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flood insurance program or place an area 
(or subdivision thereof) on probation under 
the national flood insurance program be-
cause the area has adopted land use and 
control measures that permit the granting 
of a variance in accordance with this para-
graph.’’. 
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: 
‘‘(n) PROHIBITION ON LOWERING PREMIUM RATE 
FOR STRUCTURES REBUILT PURSUANT
TO CERTAIN 
VARIANCES.—Notwithstanding any other provision of this 
title, after the repair and restoration of a residential struc-
ture pursuant to a variance granted in accordance with 
section 1315(a)(3), the chargeable premium rate for the 
structure may not be lower than the rate that otherwise 
would apply to the structure if the structure had not been 
substantially damaged by a fire or other disaster, not in-
cluding a flood, and repaired and restored pursuant to the 
variance.’’. 
Æ 
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