II 

117TH CONGRESS 

2D SESSION S. 5035 

To make available necessary disaster assistance for families affected by major 

disasters, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2022 

Ms. WARREN (for herself, Mr. BLUMENTHAL, Mr. MARKEY, Mr. DURBIN, Ms. 

KLOBUCHAR, Mrs. GILLIBRAND, Mr. VAN HOLLEN, Mr. SANDERS, Mr. 

MENENDEZ, Mr. KAINE, Mr. BENNET, Mr. MERKLEY, Mr. BOOKER, Mr. 

PADILLA, and Mr. WARNOCK) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Housing Survivors of 

5 Major Disasters Act of 2022’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) FEMA.—The term ‘‘FEMA’’ means the 

2 Federal Emergency Management Agency. 

3 (2) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of FEMA. 

5 SEC. 3. ELIGIBILITY FOR AND USE OF DISASTER ASSIST6 ANCE. 

7 (a) FINANCIAL ASSISTANCE.—Notwithstanding any 

8 other provision of law, individuals and households de9 scribed in subsection (c) may be eligible for assistance 

10 made available under section 408 of the Robert T. Staf11 ford Disaster Relief and Emergency Assistance Act (42 

12 U.S.C. 5174) in connection with a major disaster declared 

13 by the President under section 401 of such Act (42 U.S.C. 

14 5170), including Hurricane Maria of 2017. 

15 (b) USE OF FUNDS.—Any assistance provided pursu16 ant to subsection (a) may include costs relating to obtain17 ing title for a property described in subsection (c)(1), in18 cluding the cost of land surveys and any other taxes or 

19 fees associated with obtaining the title for such property. 

20 (c) ELIGIBLE INDIVIDUALS OR HOUSEHOLDS.—With 

21 respect to a major disaster declared by the President 

22 under section 401 of the Robert T. Stafford Disaster Re23 lief and Emergency Assistance Act (42 U.S.C. 5170), an 

24 individual or household described in this subsection is an 

25 individual or household who— 


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1 (1) is residing on a property located in the area 

2 for which the major disaster was declared but does 

3 not have documented ownership rights to such prop4 erty and is not renting such property; or 

5 (2) is or was residing in, or otherwise perma6 nently or temporarily occupying, an area for which 

7 a major disaster has been declared by the President 

8 under section 401 of the Robert T. Stafford Disaster 

9 Relief and Emergency Assistance Act (42 U.S.C. 

10 5170), during the designated incident period, includ11 ing individuals experiencing homelessness and those 

12 residing in any housing accommodation or property 

13 upon which a housing accommodation is located, in14 cluding any living quarters, boardinghouse, bunk15 house, manufactured home, mobile home, or travel 

16 trailer. 

17 (d) EVIDENCE.— 

18 (1) CONSIDERATION.—In the case of an indi19 vidual or household that does not have documented 

20 ownership rights in the predisaster primary resi21 dence of the individual or household, in making a 

22 determination to provide assistance pursuant to 

23 paragraphs (2) and (3) of section 408(c) of the Rob24 ert T. Stafford Disaster Relief and Emergency As25 sistance Act (42 U.S.C. 5174(c)) for owner-occuVerDate Sep 11 2014 03:52 Oct 14, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S5035.IS S5035

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1 pants, the Administrator shall consider evidence de2 monstrative of the individual or household having 

3 constructive ownership of the predisaster primary 

4 residence. 

5 (2) FORMS OF EVIDENCE.—In determining 

6 whether an individual or household has constructive 

7 ownership for the purpose of paragraph (1), the Ad8 ministrator shall consider a wide range of evidence, 

9 including the following: 

10 (A) A utility (including gas, electric, sewer, 

11 or water) bill with the name and address of the 

12 individual. 

13 (B) A merchant’s statement (including a 

14 credit card, delivery notice, or first class mail) 

15 with the name and address of the individual. 

16 (C) A pay stub from an employer with the 

17 name and address of the individual. 

18 (D) A current driver’s license or State19 issued identification card of the individual. 

20 (E) The deed or title for the applicable 

21 property. 

22 (F) A mortgage payment booklet or an23 other mortgage document. 

24 (G) Property title of mobile home certifi25 cate of title. 


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1 (H) A real estate property tax receipt. 

2 (I) A school registration containing the ad3 dress of self, child, or children. 

4 (J) A will and testament with the name 

5 and address of the individual. 

6 (K) In a State that does not require a will 

7 and testament for the transfer of immovable 

8 property, a death certificate and birth certifi9 cate that establishes an automatic transfer of 

10 legal ownership. 

11 (L) Medical records that list the name and 

12 address of the individual. 

13 (M) A charitable donation receipt that lists 

14 the name and address of the individual. 

15 (N) Any other documentation, certification, 

16 identification, or proof of occupancy or owner17 ship not included on this list that can reason18 ably link the individual requesting assistance to 

19 the applicable property. 

20 (e) APPLICABILITY.—This section shall apply to 

21 funds appropriated on or after the date of enactment of 

22 this Act. 

23 SEC. 4. DECLARATIVE STATEMENT. 

24 (a) DEVELOPMENT OF DECLARATIVE STATEMENT.— 


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1 (1) IN GENERAL.—Not later than 30 days after 

2 the date of enactment of this Act, the Administrator 

3 shall create, in coordination with the appropriate au4 thorities of the applicable jurisdiction, and dis5 tribute, where necessary, a declarative statement 

6 form that an applicant for assistance provided pur7 suant to section 3 may use to self-certify such appli8 cant’s eligibility for assistance pursuant to this Act. 

9 (2) PROHIBITION OF NOTARIZATION.—The Ad10 ministrator may not require the declarative state11 ment form created under paragraph (1) to require 

12 notarization by the applicant. 

13 (b) EXEMPTIONS.—A declarative statement form cre14 ated under subsection (a)(1) shall be exempt from publica15 tion notice, public comment periods, and agency informa16 tion collection review and approval by the Office of Man17 agement and Budget required by the Paperwork Reduc18 tion Act (44 U.S.C. 3501 et seq.). 

19 (c) GUIDANCE.—Not later than 30 days after the 

20 date of enactment of this Act, the Administrator shall pro21 vide written notification and guidance to employees of 

22 FEMA regarding the requirements of this Act. 

23 (d) PUBLICATION.—Not later than 30 days after the 

24 date of enactment of this Act, the Administrator shall— 


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1 (1) make the declarative statement form cre2 ated under subsection (a)(1) available in Spanish 

3 and English at all active Disaster Recovery Centers; 

4 and 

5 (2) publish in English, Spanish, and any other 

6 locally predominant languages on the website of 

7 FEMA and on social media the declarative state8 ment form and instructions on how applicants can 

9 reopen or seek further appeal of relevant determina10 tions. 

11 (e) PAST DISASTERS.—For applicants of assistance 

12 provided pursuant to section 3 since January 1, 2017, the 

13 Administrator shall provide an applicant not fewer than 

14 180 days to submit the declarative statement form to re15 open or appeal a case after such applicant has received 

16 notice of the right to do so. 

17 SEC. 5. REPAIR AND REBUILDING. 

18 Section 408 of the Robert T. Stafford Disaster Relief 

19 and Emergency Assistance Act (42 U.S.C. 5174) is 

20 amended— 

21 (1) in subsection (b)(1)— 

22 (A) by striking ‘‘rendered uninhabitable’’ 

23 and inserting ‘‘damaged by a major disaster’’; 

24 and 


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1 (B) by striking ‘‘uninhabitable, as a result 

2 of damage caused by a major disaster’’ and in3 serting ‘‘damaged by a major disaster’’; and 

4 (2) in subsection (c)— 

5 (A) in paragraph (2)(A)(i) by striking ‘‘to 

6 a safe and sanitary living or functioning condi7 tion’’ and inserting ‘‘to ensure that such resi8 dences are habitable during longer term recov9 ery (including through coordination with other 

10 sources for repair and rebuilding of such resi11 dences)’’; and 

12 (B) in paragraph (4) by striking ‘‘in cases 

13 in which’’ and all that follows, and inserting ‘‘if 

14 the President determines such assistance is a 

15 cost effective alternative to other housing solu16 tions, including the costs associated with tem17 porary housing provided under this section.’’. 

18 SEC. 6. FEMA HUD AGREEMENTS. 

19 In the case of any major disaster declared by the 

20 President under section 401 of the Robert T. Stafford 

21 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

22 5170) on or after the date of enactment of this Act, not 

23 later than 60 days after the date of the declaration of the 

24 major disaster, the Administrator and the Secretary of 

25 Housing and Urban Development shall engage in conVerDate Sep 11 2014 03:52 Oct 14, 2022 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S5035.IS S5035

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1 sultations regarding the implementation of a disaster 

2 housing assistance program or similar joint program 

3 under section 408 of the Robert T. Stafford Disaster Re4 lief and Emergency Assistance Act (42 U.S.C. 5174) to 

5 provide temporary rental assistance to individuals and 

6 households displaced from their residences by the major 

7 disaster, including individuals and households eligible for 

8 such assistance under section 3(a) of this Act. 

Æ 


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