```

[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]

_______________________________________________________________________

                                 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
```