Housing Survivors of Major Disasters Act of 2020

IIB 116TH CONGRESS 2D SESSION H. R. 2914 IN THE SENATE OF THE UNITED STATES NOVEMBER 18, 2020 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs AN ACT 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 VerDate Sep 11 2014 18:18 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2914.RFS H2914 pamtmann on DSKBC07HB2PROD with BILLS 2 HR 2914 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Housing Survivors of 2 Major Disasters Act of 2020’’. 3 SEC. 2. DEFINITIONS. 4 In this Act: 5 (1) FEMA.—The term ‘‘FEMA’’ means the 6 Federal Emergency Management Agency. 7 (2) ADMINISTRATOR.—The term ‘‘Adminis- 8 trator’’ means the Administrator of FEMA. 9 SEC. 3. ELIGIBILITY FOR AND USE OF DISASTER ASSIST- 10 ANCE. 11 (a) FINANCIAL ASSISTANCE.—Notwithstanding any 12 other provision of law, individuals and households de- 13 scribed in subsection (c) may be eligible for assistance 14 made available under section 408 of the Robert T. Staf- 15 ford Disaster Relief and Emergency Assistance Act (42 16 U.S.C. 5174) in connection with a major disaster declared 17 by the President under section 401 of such Act (42 U.S.C. 18 5170), including Hurricane Maria of 2017. 19 (b) USE OF FUNDS.—Any assistance provided pursu- 20 ant to subsection (a) may include costs relating to obtain- 21 ing title for a property described in subsection (c)(1), in- 22 cluding the cost of land surveys and any other taxes or 23 fees associated with obtaining the title for such property. 24 (c) ELIGIBLE INDIVIDUALS OR HOUSEHOLDS.—With 25 respect to a major disaster declared by the President 26 VerDate Sep 11 2014 18:18 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2914.RFS H2914 pamtmann on DSKBC07HB2PROD with BILLS 3 HR 2914 RFS under section 401 of the Robert T. Stafford Disaster Re- 1 lief and Emergency Assistance Act (42 U.S.C. 5170), an 2 individual or household described in this subsection is an 3 individual or household who— 4 (1) is residing on a property located in the area 5 for which the major disaster was declared but does 6 not have documented ownership rights to such prop- 7 erty and is not renting such property; or 8 (2) is or was residing in an area for which a 9 major disaster has been declared by the President 10 under section 401 of the Robert T. Stafford Disaster 11 Relief and Emergency Assistance Act (42 U.S.C. 12 5170), during the designated incident period, includ- 13 ing residing in any housing accommodation or prop- 14 erty upon which a housing accommodation is lo- 15 cated, including any living quarters, boardinghouse, 16 bunkhouse, manufactured home, mobile home, or 17 travel trailer. 18 (d) EVIDENCE.— 19 (1) CONSIDERATION.—In making a determina- 20 tion to provide assistance pursuant to this Act, the 21 Administrator shall consider a wide range of evi- 22 dence. 23 (2) ALTERNATIVE FORMS OF EVIDENCE.—In 24 determining if an individual or household is eligible 25 VerDate Sep 11 2014 18:18 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2914.RFS H2914 pamtmann on DSKBC07HB2PROD with BILLS 4 HR 2914 RFS for assistance pursuant to this Act, the Adminis- 1 trator shall accept either a declarative statement or 2 the presentation of at least one item of alternative 3 evidence, including the following: 4 (A) A utility (including gas, electric, sewer, 5 or water) bill with the name and address of the 6 individual. 7 (B) A merchant’s statement (including a 8 credit card, delivery notice, or first class mail) 9 with the name and address of the individual. 10 (C) A pay stub from an employer with the 11 name and address of the individual. 12 (D) A current driver’s license or State- 13 issued identification card of the individual. 14 (E) The deed or title for the applicable 15 property. 16 (F) A mortgage payment booklet or an- 17 other mortgage document. 18 (G) Property title of mobile home certifi- 19 cate of title. 20 (H) A real estate property tax receipt. 21 (I) A school registration containing the ad- 22 dress of self, child, or children. 23 (J) A will and testament with the name 24 and address of the individual. 25 VerDate Sep 11 2014 18:18 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2914.RFS H2914 pamtmann on DSKBC07HB2PROD with BILLS 5 HR 2914 RFS (K) In a State that does not require a will 1 and testament for the transfer of immovable 2 property, a death certificate and birth certifi- 3 cate that establishes an automatic transfer of 4 legal ownership. 5 (L) Medical records that list the name and 6 address of the individual. 7 (M) A charitable donation receipt that list 8 the name and address of the individual. 9 (N) Any other documentation, certification, 10 identification, or proof of occupancy or owner- 11 ship not included on this list that can reason- 12 ably link the individual requesting assistance to 13 the applicable property. 14 (e) APPLICABILITY.—This section shall apply to 15 funds appropriated on or after the date of enactment of 16 this Act. 17 SEC. 4. DECLARATIVE STATEMENT. 18 (a) DEVELOPMENT OF DECLARATIVE STATEMENT.— 19 (1) IN GENERAL.—Not later than 30 days after 20 the date of enactment of this Act, the Administrator 21 shall create, in coordination with the appropriate au- 22 thorities of the applicable jurisdiction, and dis- 23 tribute, where necessary, a declarative statement 24 form that an applicant for assistance provided pur- 25 VerDate Sep 11 2014 18:18 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2914.RFS H2914 pamtmann on DSKBC07HB2PROD with BILLS 6 HR 2914 RFS suant to section 3 may use to self-certify such appli- 1 cant’s eligibility for assistance pursuant to this Act. 2 (2) PROHIBITION OF NOTARIZATION.—The Ad- 3 ministrator may not require the declarative state- 4 ment form created under paragraph (1) to require 5 notarization by the applicant. 6 (b) EXEMPTIONS.—A declarative statement form cre- 7 ated under subsection (a)(1) is exempt from publication 8 notice, public comment periods, and agency information 9 collection review and approval by the Office of Manage- 10 ment and Budget required by the Paperwork Reduction 11 Act (44 U.S.C. 3501 et seq.). 12 (c) GUIDANCE.—Not later than 30 days after the 13 date of enactment of this Act, the Administrator shall pro- 14 vide written notification and guidance to employees of 15 FEMA regarding the requirements of this Act. 16 (d) PUBLICATION.—Not later than 30 days after the 17 date of enactment of this Act, the Administrator shall— 18 (1) make the declarative statement form cre- 19 ated under subsection (a)(1) available in Spanish 20 and English at all active Disaster Recovery Centers; 21 and 22 (2) publish in English, Spanish, and any other 23 locally predominant languages on the website of 24 FEMA and on social media the declarative state- 25 VerDate Sep 11 2014 18:18 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2914.RFS H2914 pamtmann on DSKBC07HB2PROD with BILLS 7 HR 2914 RFS ment form and instructions on how applicants can 1 reopen or seek further appeal of relevant determina- 2 tions. 3 (e) PAST DISASTERS.—For applicants of assistance 4 provided pursuant to section 3 since January 1, 2017, the 5 Administrator shall provide an applicant not fewer than 6 180 days to submit the declarative statement form to re- 7 open or appeal a case after such applicant has received 8 notice of the right to do so. 9 SEC. 5. REPAIR AND REBUILDING. 10 Section 408(c) of the Robert T. Stafford Disaster Re- 11 lief and Emergency Assistance Act (42 U.S.C. 5174) is 12 amended— 13 (1) in paragraph (2)(A)(i) by striking ‘‘to a 14 safe and sanitary living or functioning condition’’ 15 and inserting ‘‘to ensure that such residences are 16 habitable during longer term recovery (including 17 through coordination with other sources for repair 18 and rebuilding of such residences)’’; and 19 (2) in paragraph (4) by striking ‘‘in cases in 20 which’’ and all that follows through the end and in- 21 serting ‘‘if the President determines such assistance 22 is a cost effective alternative to other housing solu- 23 tions, including the costs associated with temporary 24 housing provided under this section.’’. 25 VerDate Sep 11 2014 18:18 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2914.RFS H2914 pamtmann on DSKBC07HB2PROD with BILLS 8 HR 2914 RFS SEC. 6. POST-DISASTER HOUSING ASSISTANCE ANALYSIS 1 AND REPORT. 2 (a) ANALYSIS.—The Administrator, in coordination 3 with the Secretary of Housing and Urban Development, 4 shall conduct an analysis comparing the costs, benefits, 5 and effectiveness of assistance provided under the Disaster 6 Housing Assistance Program, including any case manage- 7 ment services provided, with other temporary housing op- 8 tions provided by the Administrator under the Robert T. 9 Stafford Disaster Relief and Emergency Assistance Act 10 (42 U.S.C. 5121 et seq.). 11 (b) PROVISION OF DATA.—The Secretary shall en- 12 sure that public housing authorities engaged in carrying 13 out the Disaster Housing Assistance Program relay data 14 concerning the extent and effectiveness of case manage- 15 ment services in transitioning individuals and households 16 toward self-sufficiency under the Program compared to 17 other alternative disaster assistance programs available 18 under the Robert T. Stafford Disaster Relief and Emer- 19 gency Assistance Act (42 U.S.C. 5121 et seq.). 20 (c) REPORT.—Not later than 180 days after the date 21 of enactment of this Act, the Administrator shall submit 22 to the Committee on Transportation and Infrastructure 23 of the House of Representatives and the Committee on 24 Homeland Security and Governmental Affairs of the Sen- 25 ate a report that contains the analysis required under sub- 26 VerDate Sep 11 2014 18:18 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2914.RFS H2914 pamtmann on DSKBC07HB2PROD with BILLS 9 HR 2914 RFS section (a) and an analysis of the oversight mechanisms, 1 program integrity checks, and financial management 2 measures utilized in carrying out the Program compared 3 to alternative disaster housing assistance programs under 4 the Robert T. Stafford Disaster Relief and Emergency As- 5 sistance Act (42 U.S.C. 5121 et seq.). 6 SEC. 7. DETERMINATION OF BUDGETARY EFFECTS. 7 The budgetary effects of this Act, for the purpose of 8 complying with the Statutory Pay-As-You-Go Act of 2010, 9 shall be determined by reference to the latest statement 10 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 11 Act, submitted for printing in the Congressional Record 12 by the Chairman of the House Budget Committee, pro- 13 vided that such statement has been submitted prior to the 14 vote on passage. 15 Passed the House of Representatives November 17, 2020. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 18:18 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2914.RFS H2914 pamtmann on DSKBC07HB2PROD with BILLS