[Congressional Record Volume 166, Number 195 (Tuesday, November 17, 2020)]
[House]
[Pages H5859-H5861]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HOUSING SURVIVORS OF MAJOR DISASTERS ACT OF 2020
Ms. NORTON. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2914) to make available necessary disaster assistance for
families affected by major disasters, and for other purposes, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2914
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 2020''.
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 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 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 making a determination to provide
assistance pursuant to this Act, the Administrator shall
consider a wide range of evidence.
(2) Alternative forms of evidence.--In determining if an
individual or household is eligible for assistance pursuant
to this Act, the Administrator shall accept either a
declarative statement or the presentation of at least one
item of alternative 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 list 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) is 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(c) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5174) is amended--
(1) 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
(2) in paragraph (4) by striking ``in cases in which'' and
all that follows through the end 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. POST-DISASTER HOUSING ASSISTANCE ANALYSIS AND REPORT.
(a) Analysis.--The Administrator, in coordination with the
Secretary of Housing and Urban Development, shall conduct an
analysis comparing the costs, benefits, and effectiveness of
assistance provided under the Disaster Housing Assistance
Program, including any case management services provided,
with other temporary housing options provided by the
Administrator under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(b) Provision of Data.--The Secretary shall ensure that
public housing authorities
[[Page H5860]]
engaged in carrying out the Disaster Housing Assistance
Program relay data concerning the extent and effectiveness of
case management services in transitioning individuals and
households toward self-sufficiency under the Program compared
to other alternative disaster assistance programs available
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
(c) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report that contains the
analysis required under subsection (a) and an analysis of the
oversight mechanisms, program integrity checks, and financial
management measures utilized in carrying out the Program
compared to alternative disaster housing assistance programs
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
SEC. 7. 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
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
the District of Columbia (Ms. Norton) and the gentleman from Missouri
(Mr. Graves) each will control 20 minutes.
The Chair recognizes the gentlewoman from the District of Columbia.
{time} 1645
General Leave
Ms. NORTON. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and include extraneous material on H.R. 2914, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from the District of Columbia?
There was no objection.
Ms. NORTON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 2914, the Housing Survivors of
Major Disasters Act, introduced by Mr. Espaillat of New York and Miss
Gonzalez-Colon of Puerto Rico.
This bipartisan legislation is aimed at reducing the bureaucratic
burden placed on the disaster survivors when applying for Federal
assistance. In the wake of Hurricanes Irma and Maria, and several other
disasters in the continental United States, including wildfires near
California or near Oregon, many disaster survivors have struggled to
produce documents necessary to prove their residency. This is
particularly difficult when those disasters have decimated all of their
possessions and records.
Additionally, qualified survivors have had trouble registering for
assistance because they resided in homes passed down from generation to
generation, in areas where title record-keeping hasn't been adequately
maintained to track these transfers. We have seen this issue time and
again over the last decade and a half since Hurricane Katrina.
FEMA has worked to address these challenges, but all efforts to this
point have been ad hoc. H.R. 2914 formalizes the home certification
process that FEMA has developed over the years, allowing survivors to
self-certify their residency with an expanded list of acceptable
supported documentation.
Survivors should not be expected to wade through bureaucratic red
tape after their lives have been upended by a disaster.
Mr. Speaker, I support H.R. 2914, and I would ask my colleagues to do
the same.
Mr. Speaker, I reserve the balance of my time.
Mr. GRAVES of Missouri. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I rise in support of H.R. 2914, which would help
disaster victims verify residency and homeownership following a
disaster. When disasters strike, essential property and possessions are
often destroyed. Disaster victims may not be able to easily obtain the
paperwork needed for them to verify their residency, which delays
needed assistance and the recovery process.
This bill is going to clarify how the Federal Emergency Management
Agency addresses alternate verification.
Mr. Speaker, I thank the gentlewoman from Puerto Rico, Miss Gonzalez-
Colon, for her work with Mr. Espaillat of New York on this bill.
Mr. Speaker, I would urge support of the legislation, and I reserve
the balance of my time.
Ms. NORTON. Mr. Speaker, I yield such time as he may consume to the
gentleman from New York (Mr. Espaillat), my good friend.
Mr. ESPAILLAT. Mr. Speaker, I thank Ms. Norton for her contributions
to this bill. I also want to extend my appreciation to Ranking Member
Graves, Chairwoman Titus, Subcommittee Ranking Member Katko, and
committee staff for advancing this important legislation.
Mr. Speaker, Aaron Davis with the committee has been particularly
helpful to my team, my staff, for the past year and a half to get this
bill over the line. I know it would have been very difficult without
his help and expertise.
Since Hurricanes Maria and Irma devastated the island of Puerto Rico
in the fall of 2017, I have visited the island several times, including
with some of my congressional colleagues. I have spoken about this with
the Congresswoman from Puerto Rico, Miss Gonzalez-Colon, who has
command of this issue.
I have seen firsthand how public policy failures, our failures, have
manifested on the island. The Housing Survivors of Major Disasters Act,
which I was proud to introduce with Congresswoman Gonzalez-Colon,
addresses some of these policy failures within the housing assistance
programs our government deploys after natural disasters.
Some of these programs' shortcomings have left thousands of Americans
in Puerto Rico without the means to rebuild their homes. Our bill aims
to fix this. Currently, folks applying for assistance must furnish the
deed of their home and/or notarized statements confirming the ownership
of their home.
Mr. Speaker, I vividly remember when Hurricane Sandy struck my home
State of New York. The last thing people were thinking about as they
sought cover was where to find pieces of paper. And I can attest to the
hurt of communities in Puerto Rico, Florida, and elsewhere, in the wake
of Hurricanes Maria and Irma were devastating.
How can we expect families to find their deeds through rubble,
destruction, and pain left by these storms?
I am equally stretched by the idea that in the most vulnerable time
and in the wake of destruction, the American Government is asking its
citizens to find a notary before they can receive help.
What is more, in places like Puerto Rico, thousands of individuals
have no formal documentation, properties and ownership is passed on
generation to generation, very often five and six generations. Given
all these challenges, we crafted this bipartisan legislation to remove
these barriers and establish new and more realistic standards for
natural disaster survivors applying for Federal housing assistance.
Along with Chairman DeFazio, Ranking Member Graves, my colleagues on
the Committee, and Congresswoman Gonzalez-Colon, I thank Senator
Elizabeth Warren, her staff, and the numerous advocates for their
tireless efforts in crafting and advancing this legislation over the
past 2 years, which is vital if we wish to make the people of Puerto
Rico whole again and avoid similar calamities in the future.
Mr. GRAVES of Missouri. Mr. Speaker, I yield such time as she may
consume to the gentlewoman from Puerto Rico (Miss Gonzalez-Colon).
Miss GONZALEZ-COLON of Puerto Rico. Mr. Speaker, I thank again my
ranking member and his staff for all the help to make this bill able to
come to the floor today.
Mr. Speaker, I rise in support of H.R. 2914, the Housing Survivors of
Major Disasters Act. I thank Representative Espaillat for leading this
bill with me, to ensure not just people in the Nation, but actually on
the island of Puerto Rico, constituents that I do represent here in
Congress and those affected by Hurricane Maria have increased
flexibility in providing ownership of property when applying for
Federal disaster funding. This was a major issue, and actually still
is, many times.
[[Page H5861]]
FEMA changed the way the documents were going to be accepted. Then
they changed it again. And they did that more than five times during
the course of Hurricanes Irma and Maria. So at the beginning, no papers
were accepted, and then they changed it. So there was a difficult
situation for people, even in the center of the island.
The documents that were requested in the north part of the island
were different from those in the south, from those in the west, or in
the countryside. And that is the reason this bill is so important.
This bill will provide necessary flexibilities in the form of
documents that individuals that were residing in the area during the
natural disaster got to apply for disaster assistance. Individuals may
now use their driver's license, deeds, or title to properties,
utilities bills, or any of the 13 forms included in this bill as
evidence of occupancy.
In our case, you got many people that were affected. There was no
doubt in terms of FEMA or the government that they were affected by the
hurricanes, yet they did not have the papers at the time because they
lose them because of disaster, and it was so difficult to get the
government actually to use or redo those papers in time. So that took
almost a year for many of the individuals affected by hurricanes in
Puerto Rico just to provide the documents.
As you may know, many of the dates expired. Most of the people didn't
qualify then to receive the Federal funds that were available for
disaster survivors. That is the reason H.R. 2914 also includes language
for a report on the Disaster Housing Assistance Program, and how
effective this program is. The Federal Emergency Management Agency
decided against using this disaster housing program in Puerto Rico
following Hurricanes Irma and Maria, as the agency looks to other
efficient programs to more effectively meet the immediate needs of
those affected by the two hurricanes.
After those crazy 1 and 2 years, I may say that FEMA is helping and
providing and using many of the forms that are now included in this
bill to get those funds available. But, again, that can change if we
don't have it in law, and that is the reason this bill is so important.
Mr. Speaker, I thank, again, Representatives Espaillat, and
leadership on the Committee, as well as my ranking member for
supporting this legislation and working with me and my staff to improve
this bill for the past year. I urge its passage.
Ms. NORTON. Mr. Speaker, I reserve the balance of my time.
Mr. GRAVES of Missouri. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, H.R. 2914 is going to help speed up the recovery
following a disaster by helping disaster victims who have lost their
personal records, and likely much more, to verify residency and
homeownership. It is a very good piece of legislation, and I would urge
support of this, and I yield back the balance of my time.
Ms. NORTON. Mr. Speaker, I urge my colleagues to support this
legislation, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from the District of Columbia (Ms. Norton) that the House
suspend the rules and pass the bill, H.R. 2914, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________