Housing Survivors of Major Disasters Act of 2019

II 116TH CONGRESS 1ST SESSION S. 1605 To make available necessary disaster assistance for families affected by major disasters, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 22, 2019 Ms. WARREN (for herself, Mr. BLUMENTHAL, Mr. MARKEY, Ms. HARRIS, Mr. DURBIN, Ms. KLOBUCHAR, Mr. SANDERS, Mrs. GILLIBRAND, Mr. MENENDEZ, Mr. KAINE, Mr. CASEY, Mr. BENNET, and Mr. MERKLEY) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To make available necessary disaster assistance for families affected by major disasters, 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 ‘‘Housing Survivors of 4 Major Disasters Act of 2019’’. 5 SEC. 2. DEFINITIONS. 6 In this Act, the terms ‘‘Agency’’ and ‘‘Administrator’’ 7 mean the Federal Emergency Management Agency and 8 the Administrator thereof, respectively. 9 VerDate Sep 11 2014 01:41 May 31, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1605.IS S1605 kjohnson on DSK79L0C42 with BILLS 2 •S 1605 IS SEC. 3. ELIGIBILITY FOR AND USE OF DISASTER ASSIST- 1 ANCE. 2 (a) ELIGIBILITY.—Notwithstanding any other provi- 3 sion of law, individuals and households described in sub- 4 section (c) shall be eligible for assistance made available 5 under section 408 of the Robert T. Stafford Disaster Re- 6 lief and Emergency Assistance Act (42 U.S.C. 5174) in 7 connection with a major disaster declared by the President 8 under section 401 of such Act (42 U.S.C. 5170), including 9 Hurricane Maria of 2017. 10 (b) USE.—In the case of any assistance described in 11 subsection (a) that is made available in connection with 12 a major disaster declared by the President under section 13 401 of the Robert T. Stafford Disaster Relief and Emer- 14 gency Assistance Act (42 U.S.C. 5170), including Hurri- 15 cane Maria of 2017, such assistance may be used on be- 16 half of an individual or household described in subsection 17 (c) for costs relating to obtaining title for that individual 18 or household to a property described in such subsection, 19 including the cost of land surveys and any other taxes or 20 fees associated with transfer of the property. 21 (c) ELIGIBILITY.— 22 (1) IN GENERAL.—With respect to a major dis- 23 aster declared by the President under section 401 of 24 the Robert T. Stafford Disaster Relief and Emer- 25 gency Assistance Act (42 U.S.C. 5170), an indi- 26 VerDate Sep 11 2014 01:41 May 31, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1605.IS S1605 kjohnson on DSK79L0C42 with BILLS 3 •S 1605 IS vidual or household described in this subsection is an 1 individual or household who— 2 (A) is occupying an otherwise unused or 3 uninhabited property located in the area for 4 which the major disaster was declared but does 5 not have documented ownership rights to and is 6 not renting the property; or 7 (B) is or was residing in an area for which 8 the major disaster was declared, but does not 9 have documentation to that effect, including— 10 (i) an individual or household who is 11 renting without a written or formal lease; 12 (ii) unsheltered individuals or house- 13 holds experiencing homelessness; and 14 (iii) an individual or household resid- 15 ing in any portion of any housing accom- 16 modation or property upon which a hous- 17 ing accommodation is located, including 18 any living quarters, boardinghouse, bunk- 19 house, maintenance-of-way car, mobile 20 home, manufactured home, or travel trail- 21 er. 22 (2) CONSIDERATION.—In making a determina- 23 tion of eligibility for purposes of this Act, the Ad- 24 ministrator shall consider a wide range of evidence. 25 VerDate Sep 11 2014 01:41 May 31, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1605.IS S1605 kjohnson on DSK79L0C42 with BILLS 4 •S 1605 IS (d) ALTERNATIVE FORMS OF EVIDENCE.—In deter- 1 mining if an individual or household is eligible for assist- 2 ance under this Act, the Administrator shall accept a de- 3 clarative statement described in section 4 or the presen- 4 tation of alternative evidence, including the following: 5 (1) A utility (gas, electric, or water) bill with 6 the name and address of the individual. 7 (2) A merchant’s statement (credit card, deliv- 8 ery notice, or first class mail) with the name and ad- 9 dress of the individual. 10 (3) A pay stub from an employer with the name 11 and address of the individual. 12 (4) A current driver’s license or State-issued 13 identification card of the individual. 14 (5) The deed or title for the property. 15 (6) A mortgage payment booklet or other mort- 16 gage documents. 17 (7) Property title or mobile home certificate of 18 title. 19 (8) Real estate property tax receipts. 20 (9) A school registration containing the address 21 of self, child, or children. 22 (10) A will and testament with the name and 23 address of the individual. 24 VerDate Sep 11 2014 01:41 May 31, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1605.IS S1605 kjohnson on DSK79L0C42 with BILLS 5 •S 1605 IS (11) Medical records that list the name and ad- 1 dress of the individual. 2 (12) Charitable donation receipts that list the 3 name and address of the individual. 4 (13) Any other documentation, certification, 5 identification, or proof of occupancy or ownership 6 not included on this list that can reasonably link the 7 individual requesting assistance to the damaged 8 property. 9 SEC. 4. DECLARATIVE STATEMENT. 10 (a) DEVELOPMENT OF DECLARATIVE STATEMENT.— 11 (1) IN GENERAL.—Not later than 30 days after 12 the date of enactment of this Act, the Administrator 13 shall create and distribute where necessary a form 14 declarative statement that an applicant for assist- 15 ance under this Act may use to self-certify their eli- 16 gibility for assistance under this Act. 17 (2) PROHIBITION OF NOTARIZATION.—The Ad- 18 ministrator may not require a declarative statement 19 submitted under this Act to be notarized. 20 (3) EVIDENCE SUPPORTING DECLARATIVE 21 STATEMENTS.—A declarative statement submitted 22 under this Act shall not require evidence beyond the 23 scope of section 3(d). 24 VerDate Sep 11 2014 01:41 May 31, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1605.IS S1605 kjohnson on DSK79L0C42 with BILLS 6 •S 1605 IS (b) EXEMPTIONS.—A declarative statement sub- 1 mitted under this Act is exempted from publication notice, 2 public comment periods, and agency information collection 3 review and approval by the Office of Management and 4 Budget required by chapter 35 of title 44, United States 5 Code (commonly known as the ‘‘Paperwork Reduction 6 Act’’). 7 (c) GUIDANCE.—Not later than 30 days after the 8 date of enactment of this Act, the Administrator shall pro- 9 vide written notification and guidance to employees of the 10 Agency regarding the requirements of this Act. 11 (d) PUBLICATION.—Not later than 30 days after the 12 date of enactment of this Act, the Administrator shall— 13 (1) make the form declarative statement cre- 14 ated under paragraph (1) available in Spanish and 15 English at all active Disaster Recovery Centers; and 16 (2) publish in English, Spanish, and any other 17 locally predominant languages on the website and 18 social media of the Agency the form declarative 19 statement created under paragraph (1) and instruc- 20 tions on how applicants can reopen or seek further 21 appeal of relevant determinations. 22 (e) PAST DISASTERS.—For applicants of assistance 23 provided under this Act with respect to any major disaster 24 declared by the President under section 401 of the Robert 25 VerDate Sep 11 2014 01:41 May 31, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1605.IS S1605 kjohnson on DSK79L0C42 with BILLS 7 •S 1605 IS T. Stafford Disaster Relief and Emergency Assistance Act 1 (42 U.S.C. 5170) occurring in 2017 or 2018, the Adminis- 2 trator shall provide an applicant not less than 180 days 3 to submit a declarative statement under this Act to reopen 4 or appeal a case after the applicant has received notice 5 of the right to do so. 6 SEC. 5. FEMA DHAP AGREEMENTS. 7 (a) 2017 AND 2018 DISASTERS.—Not later than 60 8 days after the date of enactment of this Act, the Adminis- 9 trator shall enter into an interagency agreement or agree- 10 ments with the Secretary of Housing and Urban Develop- 11 ment as may be necessary to ensure the implementation 12 of a Disaster Housing Assistance Program under section 13 408 of the Robert T. Stafford Disaster Relief and Emer- 14 gency Assistance Act (42 U.S.C. 5174) to provide tem- 15 porary rental assistance to individuals and households dis- 16 placed from their residences by any major disaster de- 17 clared by the President under section 401 of such Act (42 18 U.S.C. 5170) during 2017 and 2018 (including Hurricane 19 Maria of 2017), including individuals and households eligi- 20 ble for such assistance under section 3(a) of this Act. 21 (b) FUTURE DISASTERS.—In the case of any major 22 disaster declared by the President under section 401 of 23 the Robert T. Stafford Disaster Relief and Emergency As- 24 sistance Act (42 U.S.C. 5170) on or after the date of en- 25 VerDate Sep 11 2014 01:41 May 31, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1605.IS S1605 kjohnson on DSK79L0C42 with BILLS 8 •S 1605 IS actment of this Act, not later than 60 days after a declara- 1 tion of the major disaster, the Administrator and the Sec- 2 retary of Housing and Urban Development shall engage 3 in consultations regarding the implementation of a Dis- 4 aster Housing Assistance Program under section 408 of 5 the Robert T. Stafford Disaster Relief and Emergency As- 6 sistance Act (42 U.S.C. 5174) to provide temporary rental 7 assistance to individuals and households displaced from 8 their residences by the major disaster, including individ- 9 uals and households eligible for such assistance under sec- 10 tion 3(a) of this Act. 11 Æ VerDate Sep 11 2014 01:41 May 31, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S1605.IS S1605 kjohnson on DSK79L0C42 with BILLS