Housing Survivors of Major Disasters Act of 2022
Bill: S.5035 | Sponsor: Sen. Warren, Elizabeth (D-MA)
Policy area: Emergency Management

Summary:
Housing Survivors of Major Disasters Act of 2022
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 or otherwise occupying 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 in or occupying, or have resided in, an area for which the major disaster was declared during the designated incident period, including individuals experiencing homelessness.
The Federal Emergency Management Agency (FEMA) must consider alternative forms of proof to determine the eligibility of an individual or household for assistance. In the case of an individual or household that does not have documented ownership rights in the predisaster primary residence, FEMA must consider evidence of constructive ownership.
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 shall conduct an analysis comparing the costs, benefits, and effectiveness of assistance provided under the Disaster Housing Assistance Program with other temporary housing options provided by FEMA.
FEMA and the Department of Housing and Urban Development must consult regarding the implementation of a disaster housing assistance program or similar joint program.

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 2022''.

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, or otherwise permanently or 
        temporarily occupying, 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 
        individuals experiencing homelessness and those 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 the case of an individual or 
        household that does not have documented ownership rights in the 
        predisaster primary residence of the individual or household, 
        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)) for owner-occupants, the Administrator shall 
        consider evidence demonstrative of the individual or household 
        having constructive ownership of the predisaster primary 
        residence.
            (2) Forms of evidence.--In determining whether an 
        individual or household has constructive ownership for the 
        purpose of paragraph (1), the Administrator shall consider a 
        wide range of 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) shall be 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 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5174) is amended--
            (1) in subsection (b)(1)--
                    (A) by striking ``rendered uninhabitable'' and 
                inserting ``damaged by a major disaster''; and
                    (B) by striking ``uninhabitable, as a result of 
                damage caused by a major disaster'' and inserting 
                ``damaged by a major disaster''; and
            (2) in subsection (c)--
                    (A) 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
                    (B) in paragraph (4) by striking ``in cases in 
                which'' and all that follows, 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. FEMA HUD AGREEMENTS.

    In the case of any 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) on or after the date of enactment of 
this Act, not later than 60 days after the date of the declaration of 
the major disaster, the Administrator and the Secretary of Housing and 
Urban Development shall engage in consultations regarding the 
implementation of a disaster housing assistance program or similar 
joint program under section 408 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5174) to provide 
temporary rental assistance to individuals and households displaced 
from their residences by the major disaster, including individuals and 
households eligible for such assistance under section 3(a) of this Act.
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