I 

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. GONZA ́LEZ-COLO ́N, 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. 

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’’. 

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) EVIDENCE.— 

8 (1) CONSIDERATION.—Where an individual or 

9 household does not have documented ownership 

10 rights in their predisaster primary residence, in 

11 making a determination to provide assistance pursu12 ant to paragraphs (2) and (3) of section 408(c) of 

13 the Robert T. Stafford Disaster Relief and Emer14 gency Assistance Act (42 U.S.C. 5174(c)), the Presi15 dent shall consider an individual or household claim 

16 to having constructive ownership where evidence 

17 supports that it is more likely than not the indi18 vidual or household has such ownership. 

19 (2) FORMS OF EVIDENCE.—In determining 

20 whether it is more likely than not that an individual 

21 or household has constructive ownership under para22 graph (1), the Administrator shall consider all evi23 dence provided by an individual or household, includ24 ing the following: 


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1 (A) The deed or title for the applicable 

2 property. 

3 (B) A mortgage payment booklet or an4 other mortgage document. 

5 (C) Property title of mobile home certifi6 cate of title. 

7 (D) A real estate property tax receipt. 

8 (E) A will and testament with the name 

9 and address of the individual that conveys the 

10 individual is the owner. 

11 (F) In a State that does not require a will 

12 and testament for the transfer of immovable 

13 property, a death certificate and birth certifi14 cate that establishes an automatic transfer of 

15 legal ownership. 

16 (G) Any other documentation, certification, 

17 identification, or proof of occupancy or owner18 ship not included on this list that can reason19 ably link the individual requesting assistance to 

20 the applicable property, as determined by the 

21 President. 

22 (3) DECLARATIVE STATEMENT.— 

23 (A) IN GENERAL.—Where evidence of con24 structive ownership is not sufficient, the Admin25 istrator may require the individual or household 


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1 to provide a declarative statement, signed under 

2 penalty of perjury, that describes why the indi3 vidual or household is the constructive owner of 

4 the property. 

5 (B) PROHIBITION OF NOTARIZATION.—The 

6 Administrator may not require notarization of a 

7 declarative statement submitted under this 

8 paragraph. 

9 (b) DEFINITION OF CONSTRUCTIVE OWNERSHIP.— 

10 In this section, the term ‘‘constructive ownership’’ means 

11 that an individual’s or household’s residence is owner-oc12 cupied, as determined by the Administrator, the purposes 

13 of section 408 of the Robert T. Stafford Disaster Relief 

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

15 (c) APPLICABILITY.—This section shall apply to 

16 funds appropriated on or after the date of enactment of 

17 this Act. 

18 SEC. 4. REPAIR AND REBUILDING. 

19 (a) HOUSING ASSISTANCE.—Section 408(b)(1) of the 

20 Robert T. Stafford Disaster Relief and Emergency Assist21 ance Act (42 U.S.C. 5174(b)(1)) is amended— 

22 (1) by striking ‘‘rendered uninhabitable’’ and 

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


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1 (2) by striking ‘‘uninhabitable, as a result of 

2 damage caused by a major disaster’’ and inserting 

3 ‘‘damaged by a major disaster’’. 

4 (b) TYPES OF HOUSING ASSISTANCE.—Section 

5 408(c)(4) of the Robert T. Stafford Disaster Relief and 

6 Emergency Assistance Act (42 U.S.C. 5174) is amended 

7 by striking ‘‘in cases in which’’ and all that follows 

8 through the end of the paragraph and inserting ‘‘if the 

9 President determines such assistance is a cost effective al10 ternative to other housing solutions, including the costs 

11 associated with temporary housing provided under this 

12 section.’’. 

13 (c) PROVISION OF GRANTS AS PILOT PROGRAM.— 

14 Section 408(f)(3)(J) of the Robert T. Stafford Disaster 

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

16 5174(f)(3)(J)) is amended— 

17 (1) in clause (ii) by striking ‘‘Not later than 2 

18 years after the date of enactment of this paragraph, 

19 the Administrator’’ and inserting ‘‘The Adminis20 trator’’; and 

21 (2) in clause (iii)— 

22 (A) by striking ‘‘2 years after the date of 

23 enactment of this paragraph or’’; and 

24 (B) by striking ‘‘, whichever occurs soon25 er’’. 


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1 (d) APPLICABILITY.—This section and the amend2 ments made by this section shall only apply to— 

3 (1) applications received on or after the date of 

4 enactment of this Act; and 

5 (2) amounts appropriated on or after the date 

6 of enactment of this Act. 

7 SEC. 5. DETERMINATION OF BUDGETARY EFFECTS. 

8 The budgetary effects of this Act, for the purpose of 

9 complying with the Statutory Pay-As-You-Go Act of 2010, 

10 shall be determined by reference to the latest statement 

11 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

12 Act, submitted for printing in the Congressional Record 

13 by the Chairman of the House Budget Committee, pro14 vided that such statement has been submitted prior to the 

15 vote on passage. 

Æ 


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