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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5324 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 5324

 To make available necessary disaster assistance for families affected 
              by major disasters, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 1, 2023

    Mr. Espaillat (for himself, Mrs. Gonzalez-Colon, 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 concerned

_______________________________________________________________________

                                 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''.

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) 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.

SEC. 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.

SEC. 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.
                                 <all>
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