[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 763 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 763

     To amend the Robert T. Stafford Disaster Relief and Emergency 
  Assistance Act, to authorize temporary mortgage and rental payments.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 1, 2009

Mrs. Feinstein introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
     To amend the Robert T. Stafford Disaster Relief and Emergency 
  Assistance Act, to authorize temporary mortgage and rental payments.

    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 ``Mortgage and Rental Disaster Relief 
Act of 2009''.

SEC. 2. DISASTER RELIEF.

    Section 408(c) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174(c)) is amended by adding at 
the end the following:
            ``(5) Temporary mortgage and rental payments.--
                    ``(A) Definitions.--In this paragraph--
                            ``(i) the term `adjusted gross income' 
                        means the adjusted gross income (as that term 
                        is defined in section 62 of the Internal 
                        Revenue Code of 1986) of the relevant 
                        individual or household for the last taxable 
                        year that such individual or household filed a 
                        tax return; and
                            ``(ii) the term `financial hardship caused 
                        by a major disaster' means that an individual 
                        or member of a household--
                                    ``(I) is employed by a business, or 
                                owns a business, located in the area 
                                for which the President declared the 
                                relevant major disaster;
                                    ``(II) became unemployed, or lost 
                                significant income, because the 
                                employer or business of that individual 
                                or member of a household has or, on the 
                                day before the date of the relevant 
                                major disaster, had a significant 
                                business relationship with a business 
                                located in the area for which the 
                                President declared the relevant major 
                                disaster; or
                                    ``(III) resides in the area for 
                                which the President declared the 
                                relevant major disaster and has 
                                suffered financially due to travel 
                                restrictions or station or road 
                                closures in effect after the date of 
                                that major disaster.
                    ``(B) Authorization.--In accordance with this 
                paragraph, the President may provide assistance on a 
                temporary basis in the form of mortgage or rental 
                payments to or on behalf of individuals and households 
                who, as a result of financial hardship caused by a 
                major disaster, have received written notice of 
                dispossession or eviction from a residence by reason of 
                a foreclosure of any mortgage or lien, cancellation of 
                any contract of sale, or termination of any lease, 
                entered into before such major disaster.
                    ``(C) Eligibility.--
                            ``(i) Income.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), an 
                                individual or household may receive 
                                assistance under this paragraph if the 
                                adjusted gross income of that 
                                individual or household was not more 
                                than $75,000.
                                    ``(II) Areas with a high cost of 
                                living.--An individual or household 
                                that, on the day before the date of the 
                                relevant major disaster, resided in an 
                                area with a high cost of living, as 
                                determined by the President, may 
                                receive assistance under this paragraph 
                                if the adjusted gross income of that 
                                individual or household was not more 
                                than $100,000.
                            ``(ii) Adjustment.--The President shall 
                        adjust the limits established under clause (i) 
                        annually to reflect inflation.
                    ``(D) Period of assistance.--Assistance under this 
                paragraph shall be provided for the duration of the 
                period of financial hardship caused by a major 
                disaster, not to exceed 18 months.
                    ``(E) Procedures.--
                            ``(i) In general.--An individual or 
                        household seeking assistance under this 
                        paragraph shall submit an application in such 
                        manner and accompanied by such information as 
                        the President shall establish, which shall 
                        include a requirement that such an individual 
                        or household sign a statement indicating that 
                        individual or household meets the eligibility 
                        requirements under subparagraph (C).
                            ``(ii) Lack of records.--If an individual 
                        or household does not have access to records 
                        necessary to demonstrate eligibility under 
                        subparagraph (C), that individual or household 
                        shall submit such records not later than 6 
                        months after the date that individual or 
                        household applies for assistance under this 
                        paragraph.
                            ``(iii) Ineligible recipients.--If an 
                        individual or household receives assistance 
                        under this paragraph and was not eligible to 
                        receive such assistance, that individual or 
                        household shall return the full amount of that 
                        assistance to the Government.''.

SEC. 3. APPLICABILITY.

    The amendment made by this Act shall apply to any major disaster 
(as that term is defined in section 102 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) declared 
on or after October 21, 2007.
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