[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4599 Reported in Senate (RS)]
<DOC>
Calendar No. 505
117th CONGRESS
2d Session
S. 4599
[Report No. 117-163]
To streamline the sharing of information among Federal disaster
assistance agencies, to expedite the delivery of life-saving assistance
to disaster survivors, to speed the recovery of communities from
disasters, to protect the security and privacy of information provided
by disaster survivors, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 21, 2022
Mr. Peters (for himself and Mr. Lankford) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
September 27, 2022
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To streamline the sharing of information among Federal disaster
assistance agencies, to expedite the delivery of life-saving assistance
to disaster survivors, to speed the recovery of communities from
disasters, to protect the security and privacy of information provided
by disaster survivors, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Disaster Assistance
Simplification Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS AND PURPOSE.</DELETED>
<DELETED> (a) Findings.--Congress finds the following:</DELETED>
<DELETED> (1) The disaster response framework of the United
States relies on a unified, integrated, agile, and adaptable
whole-of-community effort by Federal, State, and local disaster
assistance agencies, and by voluntary organizations, to respond
to any natural and man-made disasters that may strike
communities.</DELETED>
<DELETED> (2) Federal disaster assistance agencies must be
ready to support States, communities, and volunteer agencies
immediately after unpredictable catastrophic disasters that
occur without notice.</DELETED>
<DELETED> (3) The immediate sharing of information is
essential to an efficient and effective delivery of disaster
assistance--</DELETED>
<DELETED> (A) when lives and property are at risk;
and</DELETED>
<DELETED> (B) as communities seek to recover from
disasters as quickly as possible.</DELETED>
<DELETED> (4) Section 552a of title 5, United States Code
(commonly known as the ``Privacy Act of 1974'') and subchapter
I of chapter 35 of title 44, United States Code (commonly known
as the ``Paperwork Reduction Act'') require multiple layers of
review, notice, and publication in the Federal Register before
Federal disaster assistance agencies can amend or adapt their
information sharing practices.</DELETED>
<DELETED> (5) Such extended review processes can have the
effect of inhibiting efficiency, innovation, and
interoperability among Federal, State, Tribal, territorial,
local, private, and volunteer partners in delivering disaster
assistance within a whole-of-community disaster assistance
effort.</DELETED>
<DELETED> (6) Legal, regulatory, and policy limitations on
the interagency sharing of information submitted by applicants
for disaster assistance may require those applicants to submit
separate applications to multiple Federal disaster assistance
agencies, which increases the burden on those applicants,
reduces the efficiency of disaster assistance programs, and
places additional costs on taxpayers.</DELETED>
<DELETED> (b) Purpose.--The purposes of this Act are to--</DELETED>
<DELETED> (1) streamline the sharing of information among
Federal disaster assistance agencies;</DELETED>
<DELETED> (2) modernize the legal safeguards against the
unauthorized disclosure or misuse of information about
applicants for disaster assistance; and</DELETED>
<DELETED> (3) modernize, streamline, and consolidate the
overlapping requirements of section 552a of title 5, United
States Code, subchapter I of chapter 35 of title 44, United
States Code, and the agency policies that implement those
authorities to improve the speed, convenience, efficiency, and
effectiveness of disaster relief programs.</DELETED>
<DELETED>SEC. 3. ESTABLISHMENT OF DISASTERASSISTANCE.GOV ELECTRONIC
INFORMATION SYSTEM.</DELETED>
<DELETED> The Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) is amended by adding at the end
the following:</DELETED>
<DELETED>``SEC. 707. ESTABLISHMENT OF DISASTERASSISTANCE.GOV ELECTRONIC
INFORMATION SYSTEM.</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Administrator.--The term `Administrator'
means the Administrator of the Federal Emergency Management
Agency.</DELETED>
<DELETED> ``(2) Applicant.--The term `applicant' means--
</DELETED>
<DELETED> ``(A) an individual or organization who
applies for disaster assistance from a disaster
assistance program; and</DELETED>
<DELETED> ``(B) an individual or organization on
behalf of which an individual described in subparagraph
(A) applies for disaster assistance from a disaster
assistance program.</DELETED>
<DELETED> ``(3) Disasterassistance.gov.--The term
`DisasterAssistance.gov' means the electronic information
system established under subsection (b)(1).</DELETED>
<DELETED> ``(4) Disaster assistance agency.--The term
`disaster assistance agency' means--</DELETED>
<DELETED> ``(A) the Federal Emergency Management
Agency;</DELETED>
<DELETED> ``(B) the Department of Housing and Urban
Development;</DELETED>
<DELETED> ``(C) the Small Business
Administration;</DELETED>
<DELETED> ``(D) the Department of Agriculture;
and</DELETED>
<DELETED> ``(E) any Federal agency that provides
disaster assistance to individuals that the
Administrator certifies as a disaster assistance agency
in accordance with subsection (f) to carry out the
purposes of a disaster assistance program.</DELETED>
<DELETED> ``(5) Disaster assistance information.--The term
`disaster assistance information' includes any personal,
biographical, demographic, geographical, financial, or
application decision information that a disaster assistance
agency is authorized to collect, maintain, share, or use to--
</DELETED>
<DELETED> ``(A) process an application for disaster
assistance from a disaster assistance program;
or</DELETED>
<DELETED> ``(B) otherwise carry out the purpose of a
disaster assistance program.</DELETED>
<DELETED> ``(6) Disaster assistance program.--The term
`disaster assistance program' means--</DELETED>
<DELETED> ``(A) a program that provides disaster
assistance to individuals and households under title IV
or V in accordance with sections 408 and 502;
or</DELETED>
<DELETED> ``(B) any other assistance program
authorized by a Federal statute under which a disaster
assistance agency awards or distributes disaster
assistance to an individual, household, or organization
that arises from a major disaster or emergency declared
under section 401 or 501, respectively, including--
</DELETED>
<DELETED> ``(i) disaster
assistance;</DELETED>
<DELETED> ``(ii) long-term disaster recovery
assistance;</DELETED>
<DELETED> ``(iii) the post-disaster
restoration of infrastructure and
housing;</DELETED>
<DELETED> ``(iv) post-disaster economic
revitalization;</DELETED>
<DELETED> ``(v) pre-disaster mitigation
under title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et
seq.);</DELETED>
<DELETED> ``(vi) a loan authorized under
section 7(b) of the Small Business Act (15
U.S.C. 636(b)); and</DELETED>
<DELETED> ``(vii) food benefit allotments
under section 412 of this Act and Section 5(h)
of the Food and Nutrition Act of 2008 (7 U.S.C.
2014(h)).</DELETED>
<DELETED> ``(7) Record.--The term `record' has the meaning
given the term in section 552a of title 5, United States
Code.</DELETED>
<DELETED> ``(b) Establishment of Consolidated Application System.--
</DELETED>
<DELETED> ``(1) In general.--Not later than 180 days after
the date of enactment of the Disaster Assistance Simplification
Act, the Administrator shall establish a web-based, interagency
electronic information system to be known as
DisasterAssistance.gov to--</DELETED>
<DELETED> ``(A) facilitate a consolidated
application for any form of disaster assistance
provided by a disaster assistance agency;</DELETED>
<DELETED> ``(B) carry out the purposes of disaster
assistance programs swiftly, efficiently, equitably,
and in accordance with applicable laws and the privacy
and data protections provided under this section;
and</DELETED>
<DELETED> ``(C) detect, prevent, and investigate
waste, fraud, abuse, or discrimination in the
administration of disaster assistance
programs.</DELETED>
<DELETED> ``(2) Capabilities of the consolidated application
system.--DisasterAssistance.gov shall--</DELETED>
<DELETED> ``(A) allow for applicants to receive
status updates on applications for disaster assistance
programs through DisasterAssistance.gov;</DELETED>
<DELETED> ``(B) allow for applicants to update
disaster assistance information throughout the recovery
journeys of those applicants;</DELETED>
<DELETED> ``(C) allow for the distribution of
additional recovery resource information to disaster
survivors that may be available in a disaster stricken
jurisdiction;</DELETED>
<DELETED> ``(D) provide disaster survivors with
information and documentation on the applications of
those disaster survivors for a disaster assistance
program; and</DELETED>
<DELETED> ``(E) contain other capabilities
determined necessary by the heads of disaster
assistance agencies.</DELETED>
<DELETED> ``(c) Authorities of Administrator.--The Administrator
may--</DELETED>
<DELETED> ``(1) collect, maintain, share, and use disaster
assistance information using DisasterAssistance.gov or received
from any disaster assistance agency with any other disaster
assistance agency; and</DELETED>
<DELETED> ``(2) subject to subsection (d), authorize the
collection, sharing, and use of disaster assistance information
collected on or after the date of enactment of the Disaster
Assistance Simplification Act by publishing a notice on
DisasterAssistance.gov that--</DELETED>
<DELETED> ``(A) includes a detailed description of--
</DELETED>
<DELETED> ``(i) the specific disaster
assistance information authorized to be
collected, maintained, and shared;</DELETED>
<DELETED> ``(ii) why the collection,
maintenance, or sharing of the disaster
assistance information is--</DELETED>
<DELETED> ``(I) necessary to carry
out the purpose of a disaster
assistance program; and</DELETED>
<DELETED> ``(II) consistent with
fair information practice principles;
and</DELETED>
<DELETED> ``(iii) the disaster assistance
agencies that will be granted access to the
disaster assistance information to carry out
the purpose of any disaster assistance program;
and</DELETED>
<DELETED> ``(B) the submission of an application
through DisasterAssistance.gov constitutes prior
written consent to disclose disaster assistance
information to disaster assistance agencies for the
purpose of section 552a(b) of title 5, United States
Code.</DELETED>
<DELETED> ``(d) Collection and Sharing of Records and Information.--
</DELETED>
<DELETED> ``(1) Effect of publication of notice on
disasterassistance.gov.--The publication of a notice by the
Administrator on DisasterAssistance.gov of a revision to the
DisasterAssistance.gov system of records on
DisasterAssistance.gov prior to any new collection, or uses, of
records, to carry out the purposes of a disaster assistance
program with respect to a major disaster or emergency declared
by the President under section 401 or 501, respectively, of
this Act shall be deemed to satisfy the notice and publication
requirements of section 552a(e)(4) of title 5, United States
Code, for a period of not more than 90 days following such
declaration, unless such revision has been published in the
Federal Register earlier than 90 days after the date of such
declaration.</DELETED>
<DELETED> ``(2) Paperwork reduction act waiver.--</DELETED>
<DELETED> ``(A) In general.--Upon the declaration of
a major disaster or emergency pursuant to section 401
or 501, respectively, of this Act, the President,
without delegation, may direct the Secretary of
Homeland Security to waive the requirements of
subchapter I of chapter 35 of title 44, United States
(commonly known as the `Paperwork Reduction Act') with
respect to voluntary collection of information to carry
out the purposes of a disaster assistance
program.</DELETED>
<DELETED> ``(B) Duration.--A waiver described in
subparagraph (A) shall be in effect for the duration of
the major disaster or emergency, as
applicable.</DELETED>
<DELETED> ``(C) Transparency.--If the Secretary of
Homeland Security waives the requirements described in
subparagraph (A), the Secretary shall--</DELETED>
<DELETED> ``(i) promptly post on the
internet website of the Department of Homeland
Security--</DELETED>
<DELETED> ``(I) a brief
justification for the waiver;
and</DELETED>
<DELETED> ``(II) the agencies and
offices to which the waiver shall
apply; and</DELETED>
<DELETED> ``(ii) update the information
posted under clause (i), as
applicable.</DELETED>
<DELETED> ``(D) Effectiveness of waiver.--Any waiver
under subparagraph (A) shall take effect on the date on
which the Secretary of Homeland Security posts
information on the internet website as provided for
under subparagraph (C).</DELETED>
<DELETED> ``(e) Data Security.--The Administrator shall facilitate
the collection of disaster assistance information into
DisasterAssistance.gov only after--</DELETED>
<DELETED> ``(1) the Administrator certifies that
DisasterAssistance.gov substantially complies with the data
security standards and best practices of the National Institute
of Standards and Technology;</DELETED>
<DELETED> ``(2) the Secretary of Homeland Security publishes
a privacy impact assessment for DisasterAssistance.gov that is
similar to the privacy assessment conducted under section
222(a)(4) of the Homeland Security Act of 2002 (6 U.S.C.
142(a)(4)); and</DELETED>
<DELETED> ``(3) the Administrator publishes standard rules
of behavior for disaster assistance agencies and personnel
granted access to disaster assistance information to protect
such information from improper disclosure.</DELETED>
<DELETED> ``(f) Certification of Disaster Assistance Agencies.--
</DELETED>
<DELETED> ``(1) In general.--The Administrator may certify a
Federal agency as a disaster assistance agency after posting an
agreement between the Administrator and the Federal agency on
DisasterAssistance.gov that contains the detailed terms of the
agreement.</DELETED>
<DELETED> ``(2) Contents of agreement.--An agreement between
the Administrator and a Federal agency described in paragraph
(1) shall state that the Federal agency will--</DELETED>
<DELETED> ``(A) collect, share, maintain, and use
disaster assistance information--</DELETED>
<DELETED> ``(i) in accordance with this
section; and</DELETED>
<DELETED> ``(ii) in substantial compliance
with the data security standards and best
practices of the National Institute of
Standards and Technology;</DELETED>
<DELETED> ``(B) train any personnel granted access
to disaster assistance information on the rules of
behavior established by the Administrator under
subsection (e)(3);</DELETED>
<DELETED> ``(C) in the event of any unauthorized
disclosure of disaster assistance information--
</DELETED>
<DELETED> ``(i) not later than 24 hours
after discovering the unauthorized disclosure,
notify the Administrator of the
disclosure;</DELETED>
<DELETED> ``(ii) cooperate fully with the
Administrator in the investigation and
remediation of the disclosure; and</DELETED>
<DELETED> ``(iii) cooperate fully in the
prosecution of a person responsible for the
disclosure; and</DELETED>
<DELETED> ``(D) assume the responsibility for any
compensation, civil liability, or other remediation
measure awarded by a judgment of a court or agreed as a
compromise of any potential claim by or on behalf of an
applicant, including by obtaining credit monitoring and
remediation services, for an improper disclosure of
disaster assistance information that is--</DELETED>
<DELETED> ``(i) caused, directly or
indirectly, by the acts or omissions of an
officer, employee, or contractor of the
disaster assistance agency; or</DELETED>
<DELETED> ``(ii) from any electronic system
of records that created or maintained by the
disaster assistance agency pursuant to section
552a(e) of title 5, United States
Code.</DELETED>
<DELETED> ``(g) Rules of Construction.--</DELETED>
<DELETED> ``(1) Inapplicability of matching program
provisions.--The sharing of disaster assistance information
subject to the requirements of section 552a of title 5, United
States Code among disaster assistance agencies or with State,
local, or Tribal governments carrying out disaster assistance
programs shall not--</DELETED>
<DELETED> ``(A) be construed as a matching program
for the purpose of section 552a(a)(8) of title 5,
United States Code; and</DELETED>
<DELETED> ``(B) be subject to subsection (e)(12),
(o), (p)(1)(A)(ii), (q), (r), or (u) of section 552a of
title 5, United States Code.</DELETED>
<DELETED> ``(2) Authorities in other laws.--Nothing in this
section shall be construed to affect the authority of an entity
to share information in accordance with any other
law.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disaster Assistance Simplification
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The disaster response framework of the United States
relies on a unified, integrated, agile, and adaptable whole-of-
community effort by Federal, State, and local disaster
assistance agencies, and by voluntary organizations, to respond
to any natural and man-made disasters that may strike
communities.
(2) Federal disaster assistance agencies must be ready to
support States, communities, and volunteer agencies immediately
after unpredictable catastrophic disasters that occur without
notice.
(3) The immediate sharing of information is essential to an
efficient and effective delivery of disaster assistance--
(A) when lives and property are at risk; and
(B) as communities seek to recover from disasters
as quickly as possible.
(4) Section 552a of title 5, United States Code (commonly
known as the ``Privacy Act of 1974''), and subchapter I of
chapter 35 of title 44, United States Code (commonly known as
the ``Paperwork Reduction Act''), require multiple layers of
review, notice, and publication in the Federal Register before
Federal disaster assistance agencies can amend or adapt their
information sharing practices.
(5) Such extended review processes can have the effect of
inhibiting efficiency, innovation, and interoperability among
Federal, State, Tribal, territorial, local, private, and
volunteer partners in delivering disaster assistance within a
whole-of-community disaster assistance effort.
(6) Legal, regulatory, and policy limitations on the
interagency sharing of information submitted by applicants for
disaster assistance may require those applicants to submit
separate applications to multiple Federal disaster assistance
agencies, which increases the burden on those applicants,
reduces the efficiency of disaster assistance programs, and
places additional costs on taxpayers.
(b) Purpose.--The purposes of this Act are to--
(1) streamline the sharing of information among Federal
disaster assistance agencies;
(2) modernize the legal safeguards against the unauthorized
disclosure or misuse of information about applicants for
disaster assistance; and
(3) modernize, streamline, and consolidate the overlapping
requirements of section 552a of title 5, United States Code,
subchapter I of chapter 35 of title 44, United States Code, and
the agency policies that implement those authorities to improve
the speed, convenience, efficiency, and effectiveness of
disaster relief programs.
SEC. 3. ESTABLISHMENT OF DISASTERASSISTANCE.GOV ELECTRONIC INFORMATION
SYSTEM.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) is amended by adding at the end the following:
``SEC. 707. ESTABLISHMENT OF DISASTERASSISTANCE.GOV ELECTRONIC
INFORMATION SYSTEM.
``(a) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Federal Emergency Management Agency.
``(2) Applicant.--The term `applicant' means--
``(A) an individual or organization that applies
for disaster assistance from a disaster assistance
program; and
``(B) an individual or organization on behalf of
which an individual described in subparagraph (A)
applies for disaster assistance from a disaster
assistance program.
``(3) Disasterassistance.gov.--The term
`DisasterAssistance.gov' means the electronic information
system established under subsection (b)(1).
``(4) Disaster assistance agency.--The term `disaster
assistance agency' means--
``(A) the Federal Emergency Management Agency; and
``(B) any Federal agency that provides disaster
assistance to individuals that the Administrator
certifies as a disaster assistance agency in accordance
with subsection (f) to carry out the purposes of a
disaster assistance program.
``(5) Disaster assistance information.--The term `disaster
assistance information' includes any personal, biographical,
demographic, geographical, financial, application decision, or
other information that a disaster assistance agency is
authorized to collect, maintain, share, or use to--
``(A) process an application for disaster
assistance from a disaster assistance program; or
``(B) otherwise carry out the purpose of a disaster
assistance program.
``(6) Disaster assistance program.--The term `disaster
assistance program' means--
``(A) a program that provides disaster assistance
to individuals and households under title IV or V in
accordance with sections 408 and 502; or
``(B) any other assistance program authorized by a
Federal statute or funded with Federal appropriations
under which a disaster assistance agency awards or
distributes disaster assistance to an individual,
household, or organization that arises from a major
disaster or emergency declared under section 401 or
501, respectively, including--
``(i) disaster assistance;
``(ii) long-term disaster recovery
assistance;
``(iii) the post-disaster restoration of
infrastructure and housing;
``(iv) post-disaster economic
revitalization;
``(v) pre-disaster mitigation under title I
of the Housing and Community Development Act of
1974 (42 U.S.C. 5301 et seq.);
``(vi) a loan authorized under section 7(b)
of the Small Business Act (15 U.S.C. 636(b));
and
``(vii) food benefit allotments under
section 412 of this Act and section 5(h) of the
Food and Nutrition Act of 2008 (7 U.S.C.
2014(h)).
``(7) Record.--The term `record' has the meaning given the
term in section 552a of title 5, United States Code.
``(b) Establishment of Consolidated Application System.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Disaster Assistance Simplification Act, the
Administrator shall establish a web-based, interagency
electronic information system to be known as
DisasterAssistance.gov to--
``(A) facilitate a consolidated application for any
form of disaster assistance provided by a disaster
assistance agency;
``(B) carry out the purposes of disaster assistance
programs swiftly, efficiently, equitably, and in
accordance with applicable laws and the privacy and
data protections provided under this section; and
``(C) support the detection, prevention, and
investigation of waste, fraud, abuse, or discrimination
in the administration of disaster assistance programs.
``(2) Capabilities of the consolidated application
system.--DisasterAssistance.gov shall--
``(A) allow for applicants to receive status
updates on applications for disaster assistance
programs through DisasterAssistance.gov;
``(B) allow for applicants to update disaster
assistance information throughout the recovery journeys
of those applicants;
``(C) allow for the distribution of additional
recovery resource information to disaster survivors
that may be available in a disaster stricken
jurisdiction;
``(D) provide disaster survivors with information
and documentation on the applications of those disaster
survivors for a disaster assistance program; and
``(E) contain other capabilities determined
necessary by the heads of disaster assistance agencies.
``(c) Authorities of Administrator.--The Administrator may--
``(1) collect, maintain, share, and use disaster assistance
information, including such information received from any
disaster assistance agency, with any other disaster assistance
agency for purposes of subsection (b)(1), and may use
DisasterAssistance.gov for these purposes; and
``(2) subject to subsection (d), authorize the collection,
sharing, and use of disaster assistance information collected
on or after the date of enactment of the Disaster Assistance
Simplification Act by publishing a notice on
DisasterAssistance.gov that--
``(A) includes a detailed description of--
``(i) the specific disaster assistance
information authorized to be collected,
maintained, and shared;
``(ii) why the collection, maintenance, or
sharing of the disaster assistance information
is--
``(I) necessary to carry out the
purpose of a disaster assistance
program; and
``(II) consistent with fair
information practice principles; and
``(iii) the disaster assistance agencies
that will be granted access to the disaster
assistance information to carry out the purpose
of any disaster assistance program; and
``(B) the submission of an application through
DisasterAssistance.gov constitutes prior written
consent to disclose disaster assistance information to
disaster assistance agencies for the purpose of section
552a(b) of title 5, United States Code.
``(d) Collection and Sharing of Records and Information.--
``(1) Effect of publication of notice on
disasterassistance.gov.--The publication of a notice by the
Administrator on DisasterAssistance.gov of a revision to the
DisasterAssistance.gov system of records on
DisasterAssistance.gov prior to any new collection, or uses, of
records, to carry out the purposes of a disaster assistance
program with respect to a major disaster or emergency declared
by the President under section 401 or 501, respectively, of
this Act shall be deemed to satisfy the notice and publication
requirements of section 552a(e)(4) of title 5, United States
Code, for a period of not more than 90 days following such
declaration, unless such revision has been published in the
Federal Register earlier than 90 days after the date of such
declaration.
``(2) Paperwork reduction act waiver.--
``(A) In general.--Upon the declaration of a major
disaster or emergency pursuant to section 401 or 501,
respectively, of this Act, the Administrator may waive
the requirements of subchapter I of chapter 35 of title
44, United States (commonly known as the `Paperwork
Reduction Act'), with respect to voluntary collection
of information to carry out the purposes of a disaster
assistance program.
``(B) Duration.--A waiver described in subparagraph
(A) shall be in effect for the duration of the major
disaster or emergency, as applicable.
``(C) Transparency.--If the Administrator waives
the requirements described in subparagraph (A), the
Administrator shall--
``(i) promptly post on the internet website
of the Federal Emergency Management Agency--
``(I) a brief justification for the
waiver; and
``(II) the agencies and offices to
which the waiver shall apply; and
``(ii) update the information posted under
clause (i), as applicable.
``(D) Effectiveness of waiver.--Any waiver under
subparagraph (A) shall take effect on the date on which
the Administrator posts information on the internet
website as provided for under subparagraph (C).
``(e) Data Security.--The Administrator shall facilitate the
collection of disaster assistance information into
DisasterAssistance.gov only after--
``(1) the Administrator certifies that
DisasterAssistance.gov substantially complies with the data
security standards established pursuant to subchapter II of
chapter 35 of title 44, United States Code, and any other
applicable Federal information security policy;
``(2) the Secretary of Homeland Security publishes a
privacy impact assessment for DisasterAssistance.gov that is
similar to the privacy assessment conducted under section
208(b)(1)(B) of the E-Government Act of 2002 (44 U.S.C. 3501
note); and
``(3) the Administrator publishes standard rules of
behavior for disaster assistance agencies and personnel granted
access to disaster assistance information to protect such
information from improper disclosure.
``(f) Certification of Disaster Assistance Agencies.--
``(1) In general.--The Administrator may certify a Federal
agency as a disaster assistance agency after posting an
agreement between the Administrator and the Federal agency on
DisasterAssistance.gov that contains the detailed terms of the
agreement.
``(2) Contents of agreement.--An agreement between the
Administrator and a Federal agency described in paragraph (1)
shall state that the Federal agency will--
``(A) collect, share, maintain, and use disaster
assistance information in accordance with--
``(i) this section; and
``(ii) any existing policies of the Federal
Emergency Management Agency and the Federal
agency for information protection and use;
``(B) train any personnel granted access to
disaster assistance information on the rules of
behavior established by the Administrator under
subsection (e)(3);
``(C) in the event of any unauthorized disclosure
of disaster assistance information--
``(i) not later than 24 hours after
discovering the unauthorized disclosure, notify
the Administrator of the disclosure;
``(ii) cooperate fully with the
Administrator in the investigation and
remediation of the disclosure; and
``(iii) cooperate fully in the prosecution
of a person responsible for the disclosure; and
``(D) assume the responsibility for any
compensation, civil liability, or other remediation
measure awarded by a judgment of a court or agreed as a
compromise of any potential claim by or on behalf of an
applicant, including by obtaining credit monitoring and
remediation services, for an improper disclosure of
disaster assistance information that is--
``(i) caused, directly or indirectly, by
the acts or omissions of an officer, employee,
or contractor of the disaster assistance
agency; or
``(ii) from any electronic system of
records that created or maintained by the
disaster assistance agency pursuant to section
552a(e) of title 5, United States Code.
``(g) Rules of Construction.--
``(1) Inapplicability of matching program provisions.--The
sharing of disaster assistance information subject to the
requirements of section 552a of title 5, United States Code,
among disaster assistance agencies or with State, local, or
Tribal governments carrying out disaster assistance programs
shall not--
``(A) be construed as a matching program for the
purpose of section 552a(a)(8) of title 5, United States
Code; or
``(B) be subject to subsection (e)(12), (o),
(p)(1)(A)(ii), (q), (r), or (u) of section 552a of
title 5, United States Code.
``(2) Authorities in other laws.--Nothing in this section
shall be construed to affect the authority of an entity to
share information in accordance with any other law.''.
Calendar No. 505
117th CONGRESS
2d Session
S. 4599
[Report No. 117-163]
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A BILL
To streamline the sharing of information among Federal disaster
assistance agencies, to expedite the delivery of life-saving assistance
to disaster survivors, to speed the recovery of communities from
disasters, to protect the security and privacy of information provided
by disaster survivors, and for other purposes.
_______________________________________________________________________
September 27, 2022
Reported with an amendment