[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5324 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 5324
To make available necessary disaster assistance for families affected
by major disasters, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 1, 2023
Mr. Espaillat (for himself, Mrs. Gonzalez-Colon, Mr. Carter of
Louisiana, Ms. Tokuda, Mr. Moylan, and Mr. Carson) introduced the
following 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
committee concerned
_______________________________________________________________________
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing Survivors of Major Disasters
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) FEMA.--The term ``FEMA'' means the Federal Emergency
Management Agency.
(2) Administrator.--The term ``Administrator'' means the
Administrator of FEMA.
SEC. 3. ELIGIBILITY FOR AND USE OF DISASTER ASSISTANCE.
(a) Evidence.--
(1) Consideration.--Where an individual or household does
not have documented ownership rights in their predisaster
primary residence, in making a determination to provide
assistance pursuant to paragraphs (2) and (3) of section 408(c)
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5174(c)), the President shall
consider an individual or household claim to having
constructive ownership where evidence supports that it is more
likely than not the individual or household has such ownership.
(2) Forms of evidence.--In determining whether it is more
likely than not that an individual or household has
constructive ownership under paragraph (1), the Administrator
shall consider all evidence provided by an individual or
household, including the following:
(A) The deed or title for the applicable property.
(B) A mortgage payment booklet or another mortgage
document.
(C) Property title of mobile home certificate of
title.
(D) A real estate property tax receipt.
(E) A will and testament with the name and address
of the individual that conveys the individual is the
owner.
(F) In a State that does not require a will and
testament for the transfer of immovable property, a
death certificate and birth certificate that
establishes an automatic transfer of legal ownership.
(G) Any other documentation, certification,
identification, or proof of occupancy or ownership not
included on this list that can reasonably link the
individual requesting assistance to the applicable
property, as determined by the President.
(3) Declarative statement.--
(A) In general.--Where evidence of constructive
ownership is not sufficient, the Administrator may
require the individual or household to provide a
declarative statement, signed under penalty of perjury,
that describes why the individual or household is the
constructive owner of the property.
(B) Prohibition of notarization.--The Administrator
may not require notarization of a declarative statement
submitted under this paragraph.
(b) Definition of Constructive Ownership.--In this section, the
term ``constructive ownership'' means that an individual's or
household's residence is owner-occupied, as determined by the
Administrator, the purposes of section 408 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174).
(c) Applicability.--This section shall apply to funds appropriated
on or after the date of enactment of this Act.
SEC. 4. REPAIR AND REBUILDING.
(a) Housing Assistance.--Section 408(b)(1) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174(b)(1)) is amended--
(1) by striking ``rendered uninhabitable'' and inserting
``damaged by a major disaster''; and
(2) by striking ``uninhabitable, as a result of damage
caused by a major disaster'' and inserting ``damaged by a major
disaster''.
(b) Types of Housing Assistance.--Section 408(c)(4) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174) is amended by striking ``in cases in which'' and all that follows
through the end of the paragraph and inserting ``if the President
determines such assistance is a cost effective alternative to other
housing solutions, including the costs associated with temporary
housing provided under this section.''.
(c) Provision of Grants as Pilot Program.--Section 408(f)(3)(J) of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174(f)(3)(J)) is amended--
(1) in clause (ii) by striking ``Not later than 2 years
after the date of enactment of this paragraph, the
Administrator'' and inserting ``The Administrator''; and
(2) in clause (iii)--
(A) by striking ``2 years after the date of
enactment of this paragraph or''; and
(B) by striking ``, whichever occurs sooner''.
(d) Applicability.--This section and the amendments made by this
section shall only apply to--
(1) applications received on or after the date of enactment
of this Act; and
(2) amounts appropriated on or after the date of enactment
of this Act.
SEC. 5. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
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