Housing Survivors of Major Disasters Act of 2021

IB Union Calendar No. 473 117TH CONGRESS 2D SESSION H. R. 3037 [Report No. 117–653, Part I] To make available necessary disaster assistance for families affected by major disasters, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 7, 2021 Mr. ESPAILLAT (for himself and Miss GONZA´LEZ-COLO´N) introduced the fol- lowing bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the com- mittee concerned DECEMBER 20, 2022 Reported from the Committee on Transportation and Infrastructure DECEMBER 20, 2022 Committee on the Budget discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 22:24 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3037.RH H3037 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3037 RH A BILL To make available necessary disaster assistance for families affected by major disasters, and for other purposes. VerDate Sep 11 2014 22:24 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H3037.RH H3037 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3037 RH 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 ‘‘Housing Survivors of 4 Major Disasters Act of 2021’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) FEMA.—The term ‘‘FEMA’’ means the 8 Federal Emergency Management Agency. 9 (2) ADMINISTRATOR.—The term ‘‘Adminis- 10 trator’’ means the Administrator of FEMA. 11 SEC. 3. ELIGIBILITY FOR AND USE OF DISASTER ASSIST- 12 ANCE. 13 (a) FINANCIAL ASSISTANCE.—Notwithstanding any 14 other provision of law, individuals and households de- 15 scribed in subsection (c) may be eligible for assistance 16 made available under section 408 of the Robert T. Staf- 17 ford Disaster Relief and Emergency Assistance Act (42 18 U.S.C. 5174) in connection with a major disaster declared 19 by the President under section 401 of such Act (42 U.S.C. 20 5170), including Hurricane Maria of 2017. 21 (b) USE OF FUNDS.—Any assistance provided pursu- 22 ant to subsection (a) may include costs relating to obtain- 23 ing title for a property described in subsection (c)(1), in- 24 VerDate Sep 11 2014 22:24 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3037.RH H3037 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3037 RH cluding the cost of land surveys and any other taxes or 1 fees associated with obtaining the title for such property. 2 (c) ELIGIBLE INDIVIDUALS OR HOUSEHOLDS.—With 3 respect to a major disaster declared by the President 4 under section 401 of the Robert T. Stafford Disaster Re- 5 lief and Emergency Assistance Act (42 U.S.C. 5170), an 6 individual or household described in this subsection is an 7 individual or household who— 8 (1) is residing on a property located in the area 9 for which the major disaster was declared but does 10 not have documented ownership rights to such prop- 11 erty and is not renting such property; or 12 (2) is or was residing in an area for which a 13 major disaster has been declared by the President 14 under section 401 of the Robert T. Stafford Disaster 15 Relief and Emergency Assistance Act (42 U.S.C. 16 5170), during the designated incident period, includ- 17 ing residing in any housing accommodation or prop- 18 erty upon which a housing accommodation is lo- 19 cated, including any living quarters, boardinghouse, 20 bunkhouse, manufactured home, mobile home, or 21 travel trailer. 22 (d) EVIDENCE.— 23 (1) CONSIDERATION.—In making a determina- 24 tion to provide assistance pursuant to this Act, the 25 VerDate Sep 11 2014 22:24 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3037.RH H3037 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3037 RH Administrator shall consider a wide range of evi- 1 dence. 2 (2) ALTERNATIVE FORMS OF EVIDENCE.—In 3 determining if an individual or household is eligible 4 for assistance pursuant to this Act, the Adminis- 5 trator shall accept either a declarative statement or 6 the presentation of at least one item of alternative 7 evidence, including the following: 8 (A) A utility (including gas, electric, sewer, 9 or water) bill with the name and address of the 10 individual. 11 (B) A merchant’s statement (including a 12 credit card, delivery notice, or first class mail) 13 with the name and address of the individual. 14 (C) A pay stub from an employer with the 15 name and address of the individual. 16 (D) A current driver’s license or State- 17 issued identification card of the individual. 18 (E) The deed or title for the applicable 19 property. 20 (F) A mortgage payment booklet or an- 21 other mortgage document. 22 (G) Property title of mobile home certifi- 23 cate of title. 24 (H) A real estate property tax receipt. 25 VerDate Sep 11 2014 22:24 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3037.RH H3037 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3037 RH (I) A school registration containing the ad- 1 dress of self, child, or children. 2 (J) A will and testament with the name 3 and address of the individual. 4 (K) In a State that does not require a will 5 and testament for the transfer of immovable 6 property, a death certificate and birth certifi- 7 cate that establishes an automatic transfer of 8 legal ownership. 9 (L) Medical records that list the name and 10 address of the individual. 11 (M) A charitable donation receipt that lists 12 the name and address of the individual. 13 (N) Any other documentation, certification, 14 identification, or proof of occupancy or owner- 15 ship not included on this list that can reason- 16 ably link the individual requesting assistance to 17 the applicable property. 18 (e) APPLICABILITY.—This section shall apply to 19 funds appropriated on or after the date of enactment of 20 this Act. 21 SEC. 4. DECLARATIVE STATEMENT. 22 (a) DEVELOPMENT OF DECLARATIVE STATEMENT.— 23 (1) IN GENERAL.—Not later than 30 days after 24 the date of enactment of this Act, the Administrator 25 VerDate Sep 11 2014 22:24 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3037.RH H3037 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3037 RH shall create, in coordination with the appropriate au- 1 thorities of the applicable jurisdiction, and dis- 2 tribute, where necessary, a declarative statement 3 form that an applicant for assistance provided pur- 4 suant to section 3 may use to self-certify such appli- 5 cant’s eligibility for assistance pursuant to this Act. 6 (2) PROHIBITION OF NOTARIZATION.—The Ad- 7 ministrator may not require the declarative state- 8 ment form created under paragraph (1) to require 9 notarization by the applicant. 10 (b) EXEMPTIONS.—A declarative statement form cre- 11 ated under subsection (a)(1) is exempt from publication 12 notice, public comment periods, and agency information 13 collection review and approval by the Office of Manage- 14 ment and Budget required by the Paperwork Reduction 15 Act (44 U.S.C. 3501 et seq.). 16 (c) GUIDANCE.—Not later than 30 days after the 17 date of enactment of this Act, the Administrator shall pro- 18 vide written notification and guidance to employees of 19 FEMA regarding the requirements of this Act. 20 (d) PUBLICATION.—Not later than 30 days after the 21 date of enactment of this Act, the Administrator shall— 22 (1) make the declarative statement form cre- 23 ated under subsection (a)(1) available in Spanish 24 VerDate Sep 11 2014 22:24 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3037.RH H3037 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3037 RH and English at all active Disaster Recovery Centers; 1 and 2 (2) publish in English, Spanish, and any other 3 locally predominant languages on the website of 4 FEMA and on social media the declarative state- 5 ment form and instructions on how applicants can 6 reopen or seek further appeal of relevant determina- 7 tions. 8 (e) PAST DISASTERS.—For applicants of assistance 9 provided pursuant to section 3 since January 1, 2017, the 10 Administrator shall provide an applicant not fewer than 11 180 days to submit the declarative statement form to re- 12 open or appeal a case after such applicant has received 13 notice of the right to do so. 14 SEC. 5. REPAIR AND REBUILDING. 15 Section 408(c) of the Robert T. Stafford Disaster Re- 16 lief and Emergency Assistance Act (42 U.S.C. 5174) is 17 amended— 18 (1) in paragraph (2)(A)(i) by striking ‘‘to a 19 safe and sanitary living or functioning condition’’ 20 and inserting ‘‘to ensure that such residences are 21 habitable during longer term recovery (including 22 through coordination with other sources for repair 23 and rebuilding of such residences)’’; and 24 VerDate Sep 11 2014 22:24 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3037.RH H3037 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3037 RH (2) in paragraph (4) by striking ‘‘in cases in 1 which’’ and all that follows through the end and in- 2 serting ‘‘if the President determines such assistance 3 is a cost effective alternative to other housing solu- 4 tions, including the costs associated with temporary 5 housing provided under this section.’’. 6 SEC. 6. POST-DISASTER HOUSING ASSISTANCE ANALYSIS 7 AND REPORT. 8 (a) ANALYSIS.—The Administrator, in coordination 9 with the Secretary of Housing and Urban Development, 10 shall conduct an analysis comparing the costs, benefits, 11 and effectiveness of assistance provided under the Disaster 12 Housing Assistance Program, including any case manage- 13 ment services provided, with other temporary housing op- 14 tions provided by the Administrator under the Robert T. 15 Stafford Disaster Relief and Emergency Assistance Act 16 (42 U.S.C. 5121 et seq.). 17 (b) PROVISION OF DATA.—The Administrator shall 18 ensure that public housing authorities engaged in carrying 19 out the Disaster Housing Assistance Program relay data 20 concerning the extent and effectiveness of case manage- 21 ment services in transitioning individuals and households 22 toward self-sufficiency under the Program compared to 23 other alternative disaster assistance programs available 24 VerDate Sep 11 2014 22:24 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3037.RH H3037 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3037 RH under the Robert T. Stafford Disaster Relief and Emer- 1 gency Assistance Act (42 U.S.C. 5121 et seq.). 2 (c) REPORT.—Not later than 180 days after the date 3 of enactment of this Act, the Administrator shall submit 4 to the Committee on Transportation and Infrastructure 5 of the House of Representatives and the Committee on 6 Homeland Security and Governmental Affairs of the Sen- 7 ate a report that contains the analysis required under sub- 8 section (a) and an analysis of the oversight mechanisms, 9 program integrity checks, and financial management 10 measures utilized in carrying out the Program compared 11 to alternative disaster housing assistance programs under 12 the Robert T. Stafford Disaster Relief and Emergency As- 13 sistance Act (42 U.S.C. 5121 et seq.). 14 SEC. 7. DETERMINATION OF BUDGETARY EFFECTS. 15 The budgetary effects of this Act, for the purpose of 16 complying with the Statutory Pay-As-You-Go Act of 2010, 17 shall be determined by reference to the latest statement 18 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 19 Act, submitted for printing in the Congressional Record 20 by the Chairman of the House Budget Committee, pro- 21 vided that such statement has been submitted prior to the 22 vote on passage. 23 VerDate Sep 11 2014 22:24 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3037.RH H3037 kjohnson on DSK79L0C42PROD with BILLS VerDate Sep 11 2014 22:24 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3037.RH H3037 kjohnson on DSK79L0C42PROD with BILLS Union Calendar No. 473 117TH CONGRESS 2D SESSION H. R. 3037 [Report No. 117–653, Part I] A BILL To make available necessary disaster assistance for families affected by major disasters, and for other purposes. DECEMBER 20, 2022 Reported from the Committee on Transportation and Infrastructure DECEMBER 20, 2022 Committee on the Budget discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 22:24 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00012 Fmt 6651 Sfmt 6651 E:\BILLS\H3037.RH H3037 kjohnson on DSK79L0C42PROD with BILLS