[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1605 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 1605
To make available necessary disaster assistance for families affected
by major disasters, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 22, 2019
Ms. Warren (for herself, Mr. Blumenthal, Mr. Markey, Ms. Harris, Mr.
Durbin, Ms. Klobuchar, Mr. Sanders, Mrs. Gillibrand, Mr. Menendez, Mr.
Kaine, Mr. Casey, Mr. Bennet, and Mr. Merkley) 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 2019''.
SEC. 2. DEFINITIONS.
In this Act, the terms ``Agency'' and ``Administrator'' mean the
Federal Emergency Management Agency and the Administrator thereof,
respectively.
SEC. 3. ELIGIBILITY FOR AND USE OF DISASTER ASSISTANCE.
(a) Eligibility.--Notwithstanding any other provision of law,
individuals and households described in subsection (c) shall 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.--In the case of any assistance described in subsection (a)
that is made available in connection with 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), including
Hurricane Maria of 2017, such assistance may be used on behalf of an
individual or household described in subsection (c) for costs relating
to obtaining title for that individual or household to a property
described in such subsection, including the cost of land surveys and
any other taxes or fees associated with transfer of the property.
(c) Eligibility.--
(1) In general.--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--
(A) is occupying an otherwise unused or uninhabited
property located in the area for which the major
disaster was declared but does not have documented
ownership rights to and is not renting the property; or
(B) is or was residing in an area for which the
major disaster was declared, but does not have
documentation to that effect, including--
(i) an individual or household who is
renting without a written or formal lease;
(ii) unsheltered individuals or households
experiencing homelessness; and
(iii) an individual or household residing
in any portion of any housing accommodation or
property upon which a housing accommodation is
located, including any living quarters,
boardinghouse, bunkhouse, maintenance-of-way
car, mobile home, manufactured home, or travel
trailer.
(2) Consideration.--In making a determination of
eligibility for purposes of this Act, the Administrator shall
consider a wide range of evidence.
(d) Alternative Forms of Evidence.--In determining if an individual
or household is eligible for assistance under this Act, the
Administrator shall accept a declarative statement described in section
4 or the presentation of alternative evidence, including the following:
(1) A utility (gas, electric, or water) bill with the name
and address of the individual.
(2) A merchant's statement (credit card, delivery notice,
or first class mail) with the name and address of the
individual.
(3) A pay stub from an employer with the name and address
of the individual.
(4) A current driver's license or State-issued
identification card of the individual.
(5) The deed or title for the property.
(6) A mortgage payment booklet or other mortgage documents.
(7) Property title or mobile home certificate of title.
(8) Real estate property tax receipts.
(9) A school registration containing the address of self,
child, or children.
(10) A will and testament with the name and address of the
individual.
(11) Medical records that list the name and address of the
individual.
(12) Charitable donation receipts that list the name and
address of the individual.
(13) 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 damaged property.
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 and
distribute where necessary a form declarative statement that an
applicant for assistance under this Act may use to self-certify
their eligibility for assistance under this Act.
(2) Prohibition of notarization.--The Administrator may not
require a declarative statement submitted under this Act to be
notarized.
(3) Evidence supporting declarative statements.--A
declarative statement submitted under this Act shall not
require evidence beyond the scope of section 3(d).
(b) Exemptions.--A declarative statement submitted under this Act
is exempted from publication notice, public comment periods, and agency
information collection review and approval by the Office of Management
and Budget required by chapter 35 of title 44, United States Code
(commonly known as the ``Paperwork Reduction Act'').
(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 the Agency 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 form declarative statement created under
paragraph (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 and social media of the
Agency the form declarative statement created under paragraph
(1) and instructions on how applicants can reopen or seek
further appeal of relevant determinations.
(e) Past Disasters.--For applicants of assistance provided under
this Act with respect to 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) occurring in 2017 or 2018,
the Administrator shall provide an applicant not less than 180 days to
submit a declarative statement under this Act to reopen or appeal a
case after the applicant has received notice of the right to do so.
SEC. 5. FEMA DHAP AGREEMENTS.
(a) 2017 and 2018 Disasters.--Not later than 60 days after the date
of enactment of this Act, the Administrator shall enter into an
interagency agreement or agreements with the Secretary of Housing and
Urban Development as may be necessary to ensure the implementation of a
Disaster Housing Assistance 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 any major disaster declared by the
President under section 401 of such Act (42 U.S.C. 5170) during 2017
and 2018 (including Hurricane Maria of 2017), including individuals and
households eligible for such assistance under section 3(a) of this Act.
(b) Future Disasters.--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 a
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
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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