Housing Survivors of Major Disasters Act of 2021
Bill: H.R.3037 | Sponsor: Rep. Espaillat, Adriano (D-NY)
Policy area: Emergency Management

Summary:
Housing Survivors of Major Disasters Act of 2021
This bill makes certain individuals and households eligible for housing assistance in connection with a major disaster, including Hurricane Maria of 2017. To be eligible, an individual or household must be (1) residing on property located in the area for which the major disaster was declared but does not have documented ownership rights to and is not renting such property, or (2) residing or have resided in an area for which the major disaster was declared during the designated incident period.
The Federal Emergency Management Agency (FEMA) must consider alternative forms of proof to determine the eligibility of an individual or household for assistance.
FEMA shall create and distribute a declarative form statement that applicants for assistance can use to self-certify eligibility for assistance and shall make the statement available in specified languages at all active Disaster Recovery Centers and on its website and social media.
FEMA may provide financial assistance for repairs to ensure that residences are habitable during longer-term recovery and for permanent housing construction if the President determines that such assistance is a cost effective alternative to other housing solutions.
FEMA 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 FEMA.

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 2021''.

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 lists 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 Administrator shall ensure that public 
housing authorities 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.
                                                 Union Calendar No. 473

117th CONGRESS

  2d Session

                               H. R. 3037

                      [Report No. 117-653, Part I]

_______________________________________________________________________