[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5350 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5350
To make available necessary disaster assistance for families affected
by major disasters, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 20, 2024
Ms. Warren (for herself, Mr. Markey, Mr. Bennet, Mr. Blumenthal, Mr.
Booker, Mr. Durbin, Mrs. Gillibrand, Mr. Helmy, Mr. Kaine, Ms.
Klobuchar, Mr. Merkley, Mr. Padilla, Mr. Sanders, and Mr. Van Hollen)
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 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 of 2024''.
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) Financial Assistance.--Notwithstanding any other provision of
law, individuals and households described in subsection (c) may be
eligible for assistance made available under section 408 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174) in connection with a major disaster declared by the President
under section 401 of such Act (42 U.S.C. 5170), including Hurricane
Maria of 2017.
(b) Use of Funds.--Any assistance provided pursuant to subsection
(a) may include costs relating to obtaining title for a property
described in subsection (c)(1), including the cost of land surveys and
any other taxes or fees associated with obtaining the title for such
property.
(c) Eligible Individuals or Households.--With respect to a major
disaster declared by the President under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170),
an individual or household described in this subsection is an
individual or household who--
(1) is residing on a property located in the area for which
the major disaster was declared but does not have documented
ownership rights to such property and is not renting such
property; or
(2) is or was residing in, or otherwise permanently or
temporarily occupying, an area for which a major disaster has
been declared by the President under section 401 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170), during the designated incident period, including
individuals experiencing homelessness and those residing in any
housing accommodation or property upon which a housing
accommodation is located, including any living quarters,
boardinghouse, bunkhouse, manufactured home, mobile home, or
travel trailer.
(d) Evidence.--
(1) Consideration.--In the case of an individual or
household that does not have documented ownership rights in the
predisaster primary residence of the individual or household,
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)) for owner-occupants, the Administrator shall
consider evidence demonstrative of the individual or household
having constructive ownership of the predisaster primary
residence.
(2) Forms of evidence.--In determining whether an
individual or household has constructive ownership for the
purpose of paragraph (1), the Administrator shall consider a
wide range of evidence, including the following:
(A) A utility (including gas, electric, sewer, or
water) bill with the name and address of the
individual.
(B) A merchant's statement (including a credit
card, delivery notice, or first class mail) with the
name and address of the individual.
(C) A pay stub from an employer with the name and
address of the individual.
(D) A current driver's license or State-issued
identification card of the individual.
(E) The deed or title for the applicable property.
(F) A mortgage payment booklet or another mortgage
document.
(G) Property title of mobile home certificate of
title.
(H) A real estate property tax receipt.
(I) A school registration containing the address of
self, child, or children.
(J) A will and testament with the name and address
of the individual.
(K) 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.
(L) Medical records that list the name and address
of the individual.
(M) A charitable donation receipt that lists the
name and address of the individual.
(N) 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.
(e) Applicability.--This section shall apply to funds appropriated
on or after the date of enactment of this Act.
SEC. 4. DECLARATIVE STATEMENT.
(a) Development of Declarative Statement.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Administrator shall create, in
coordination with the appropriate authorities of the applicable
jurisdiction, and distribute, where necessary, a declarative
statement form that an applicant for assistance provided
pursuant to section 3 may use to self-certify such applicant's
eligibility for assistance pursuant to this Act.
(2) Prohibition of notarization.--The Administrator may not
require the declarative statement form created under paragraph
(1) to require notarization by the applicant.
(b) Exemptions.--A declarative statement form created under
subsection (a)(1) shall be exempt from publication notice, public
comment periods, and agency information collection review and approval
by the Office of Management and Budget required by the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.).
(c) Guidance.--Not later than 30 days after the date of enactment
of this Act, the Administrator shall provide written notification and
guidance to employees of FEMA regarding the requirements of this Act.
(d) Publication.--Not later than 30 days after the date of
enactment of this Act, the Administrator shall--
(1) make the declarative statement form created under
subsection (a)(1) available in Spanish and English at all
active Disaster Recovery Centers; and
(2) publish in English, Spanish, and any other locally
predominant languages on the website of FEMA and on social
media the declarative statement form and instructions on how
applicants can reopen or seek further appeal of relevant
determinations.
(e) Past Disasters.--For applicants of assistance provided pursuant
to section 3 since January 1, 2017, the Administrator shall provide an
applicant not fewer than 180 days to submit the declarative statement
form to reopen or appeal a case after such applicant has received
notice of the right to do so.
SEC. 5. REPAIR AND REBUILDING.
Section 408 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5174) is amended--
(1) in subsection (b)(1)--
(A) by striking ``rendered uninhabitable'' and
inserting ``damaged by a major disaster''; and
(B) by striking ``uninhabitable, as a result of
damage caused by a major disaster'' and inserting
``damaged by a major disaster''; and
(2) in subsection (c)--
(A) in paragraph (2)(A)(i) by striking ``to a safe
and sanitary living or functioning condition'' and
inserting ``to ensure that such residences are
habitable during longer term recovery (including
through coordination with other sources for repair and
rebuilding of such residences)''; and
(B) in paragraph (4) by striking ``in cases in
which'' and all that follows, 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.''.
SEC. 6. FEMA HUD AGREEMENTS.
In the case of any major disaster declared by the President under
section 401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) on or after the date of enactment of
this Act, not later than 60 days after the date of the declaration of
the major disaster, the Administrator and the Secretary of Housing and
Urban Development shall engage in consultations regarding the
implementation of a disaster housing assistance program or similar
joint program under section 408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174) to provide
temporary rental assistance to individuals and households displaced
from their residences by the major disaster, including individuals and
households eligible for such assistance under section 3(a) of this Act.
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