[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 861 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 861
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
March 5, 2025
Mr. Peters (for himself, Mr. Lankford, Mr. Paul, and Mr. Tillis)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disaster Assistance Simplification
Act''.
SEC. 2. ESTABLISHMENT OF A UNIFIED DISASTER ASSISTANCE INTAKE PROCESS
AND 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 A UNIFIED DISASTER ASSISTANCE INTAKE
PROCESS AND 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, business, or organization that
applies for disaster assistance from a disaster
assistance program;
``(B) an individual, business, or organization on
behalf of which an individual described in subparagraph
(A) applies for disaster assistance from a disaster
assistance program; and
``(C) an individual, business, or organization that
seeks assistance as a beneficiary of a State, local
government, or Indian tribal government that received
assistance under a disaster assistance program.
``(3) 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, businesses, organizations,
States, local governments, Indian tribal governments,
communities, or organizations that the Administrator
certifies as a disaster assistance agency in accordance
with subsection (f) to carry out the purposes of a
disaster assistance program.
``(4) 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, or a
recipient of a Federal block grant from a disaster assistance
agency, is authorized to collect, maintain, disclose, 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.
``(5) 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, or provides a Federal block
grant for these purposes, 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) a loan authorized under section 7(b)
of the Small Business Act (15 U.S.C. 636(b));
and
``(vi) 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)).
``(6) Record.--The term `record' has the meaning given the
term in section 552a of title 5, United States Code.
``(b) Unified Disaster Assistance Intake Process and System.--
``(1) In general.--Not later than 360 days after the date
of enactment of the Disaster Assistance Simplification Act, the
Administrator shall, in consultation with appropriate Federal,
State, local, and Indian tribal governments and entities,
develop and establish a unified intake process and system for
applicants for disaster assistance provided by a disaster
assistance agency to--
``(A) facilitate a consolidated application for any
form of disaster assistance provided by a disaster
assistance agency when appropriate to support the
nature and purposes of the assistance;
``(B) carry out the purposes of disaster assistance
programs swiftly, efficiently, fairly, and in
accordance with applicable laws and privacy and data
protections; 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.--The unified intake process and system established
under paragraph (1) shall--
``(A) accept applications for disaster assistance
programs;
``(B) allow for applicants to receive status
updates on applications for disaster assistance
programs;
``(C) allow for applicants to update disaster
assistance information throughout the recovery journeys
of those applicants;
``(D) allow for the distribution of information on
additional recovery resources to disaster survivors
that may be available in a disaster-stricken
jurisdiction, in coordination with appropriate Federal,
State, local, and Tribal partners;
``(E) provide disaster survivors with information
and documentation on the applications of those disaster
survivors for a disaster assistance program;
``(F) allow for the distribution of application
data to support faster and more effective distribution
of Federal disaster assistance, including block grant
assistance, for disaster recovery;
``(G) allow for disaster assistance agencies to
communicate directly with disaster survivors; and
``(H) contain other capabilities determined
necessary by the heads of disaster assistance agencies.
``(3) Updates.--Not later than 30 days after the date on
which the Administrator receives a request from a disaster
assistance agency to update questions in the consolidated
application described in paragraph (1) needed to administer the
disaster assistance programs of the disaster assistance agency,
the Administrator shall make those updates.
``(c) Authorities of Administrator.--The Administrator may--
``(1) collect, maintain, disclose, 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
``(2) subject to subsection (d), authorize the collection,
maintenance, disclosure, 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 a public website that--
``(A) includes a detailed description of--
``(i) the specific disaster assistance
information authorized to be collected,
maintained, disclosed, and used;
``(ii) why the collection, maintenance,
disclosure, or use of the disaster assistance
information is necessary to carry out the
purpose of a disaster assistance program;
``(iii) how the collection, maintenance,
disclosure, and use of disaster assistance
information incorporates fair information
practices; and
``(iv) 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) provides that the submission of an
application through a unified disaster application
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 public website.--
The publication of a notice by the Administrator on a public
website of a revision to the system of records of the unified
intake process and system established under subsection (b)(1)
prior to any new collection, maintenance, disclosure, or use 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 the entire period of performance for any assistance
provided under a disaster assistance program.
``(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 Code (commonly known as the
`Paperwork Reduction Act'), with respect to the
voluntary collection of information specific to the
declared major disaster or emergency needed to carry
out the purposes of a disaster assistance program.
``(B) Duration.--A waiver described in subparagraph
(A) shall be in effect for the entire period of
performance for any assistance provided under a
disaster assistance program with respect to a declared
major disaster or emergency.
``(C) Transparency.--If the Administrator waives
the requirements described in subparagraph (A), the
Administrator shall--
``(i) promptly post on a public website--
``(I) a brief justification for the
waiver; and
``(II) the agencies and offices to
which the waiver shall apply;
``(ii) update the information posted under
clause (i), as applicable; and
``(iii) comply with the requirements of
subchapter I of chapter 35 of title 44, United
States Code (commonly known as the `Paperwork
Reduction Act') upon the expiration of the
period of performance of any assistance
provided under a disaster assistance program if
the collection of information may be utilized
for the purposes of supporting the disaster
assistance program in future major disaster or
emergency declarations.
``(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 a unified
application only after--
``(1) the Administrator certifies that the unified
application 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 the unified application 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, in consultation with disaster
assistance agencies, 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 a
public website 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 Emergency Management Agency and
the Federal agency will--
``(A) collect, disclose, maintain, and use disaster
assistance information in accordance with--
``(i) this section; and
``(ii) subject to subsection (i)(2), 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--
``(I) in the case of an
unauthorized disclosure by the Federal
agency, notify the Administrator of the
disclosure; and
``(II) in the case of an
unauthorized disclosure by the Federal
Emergency Management Agency, notify
disaster assistance agencies of the
disclosure;
``(ii) cooperate fully with the
Administrator and disaster assistance agencies
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 responsibility for any compensation,
civil liability, or other remediation measure awarded
by a judgment of a court or agreed upon 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 Federal agency; or
``(ii) from any electronic system of
records that was created or maintained by the
Federal agency pursuant to section 552a(e) of
title 5, United States Code.
``(g) Reports.--
``(1) FEMA.--Not later than 1 year after the date of
enactment of this section, and every year thereafter for 2
years, the Administrator, in coordination with the heads of
disaster assistance agencies, shall submit to Congress a report
on the implementation of this section, including--
``(A) how disaster assistance agencies are working
together to implement the requirements under this
section;
``(B) the effect of this section on disaster
survivor burden and the speed and efficiency of
delivering disaster assistance; and
``(C) a description of any other challenges that
require further legislative action.
``(2) GAO.--Not later than 3 years after the date of
enactment of this section, the Comptroller General of the
United States shall submit to Congress a report on how the
implementation of this section has affected the disaster
survivor experience, and any recommendations for improvements
to the requirements under this section.
``(h) Briefings.--Not later than 90 days after the date of
enactment of this section, and again not later than 180 days after the
date of enactment of this section, the Administrator shall brief
Congress on--
``(1) the status of the implementation of the requirements
under this section; and
``(2) how disaster assistance agencies are working together
to implement the requirements under this section.
``(i) Rules of Construction.--
``(1) Inapplicability of matching program provisions.--The
disclosure and use 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 disaster assistance information regarding programs funded
or facilitated by the entity in accordance with any other law
or agency policy.
``(3) Applying to multiple programs.--Nothing in this
section shall be construed to require an applicant to apply to
more than 1 disaster assistance program.
``(4) Program authorization.--Nothing in this section shall
be construed to authorize a program that is not authorized by
law as of the date of enactment of this section.''.
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