118 S5350 IS: Housing Survivors of Major Disasters Act of 2024
U.S. Senate
2024-11-20
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II
118th CONGRESS
2d Session
S. 5350
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.
1.

Short title
This Act may be cited as the “Housing Survivors of Major Disasters Act of 2024”.
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.
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.
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.
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.”.
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.