118 HR 5324 IH: Housing Survivors of Major Disasters Act U.S. House of Representatives 2023-09-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 5324IN THE HOUSE OF REPRESENTATIVESSeptember 1, 2023Mr. Espaillat (for himself, Mrs. González-Colón, 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 concernedA BILLTo 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.

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)

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.

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.

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.