I 

111TH CONGRESS 

1ST SESSION H. R. 434 

To amend title 5, United States Code, to permit access to databases maintained by the Federal Emergency Management Agency for purposes 

of complying with sex offender registry and notification laws, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2009 

Mr. POE of Texas introduced the following bill; which was referred to the 

Committee on Oversight and Government Reform, and in addition to the 

Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of 

such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title 5, United States Code, to permit access 

to databases maintained by the Federal Emergency Management Agency for purposes of complying with sex offender registry and notification laws, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. REQUIREMENT FOR ACCESS TO FEMA DATA2 BASES TO COMPLY WITH SEX OFFENDER 

3 REGISTRY AND NOTIFICATION LAWS. 

4 Section 552a(b) of title 5, United States Code, is 

5 amended— 

6 (1) by striking ‘‘or’’ at the end of paragraph 

7 (11); 

8 (2) by striking the period at the end of para9 graph (12) and inserting ‘‘; or’’; and 

10 (3) by adding at the end the following new 

11 paragraph: 

12 ‘‘(13) disclosure of a record contained in a sys13 tem of records maintained by the Federal Emer14 gency Management Agency on assistance provided to 

15 individuals in connection with a major disaster or 

16 emergency, for purposes of disclosure to another 

17 agency or to an instrumentality of any governmental 

18 jurisdiction within or under the control of the 

19 United States for purposes of complying with a Fed20 eral or State sex offender registry or notification 

21 law.’’. 


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1 SEC. 2. DISCLOSURE OF RECORDS MAINTAINED BY NON2 GOVERNMENTAL ORGANIZATIONS PRO3 VIDING EVACUATION ASSISTANCE. 

4 Title III of the Robert T. Stafford Disaster Relief 

5 and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 

6 is amended by adding at the end the following: 

7 ‘‘SEC. 327. DISCLOSURE OF RECORDS MAINTAINED BY NON8 GOVERNMENTAL ORGANIZATIONS PRO9 VIDING EVACUATION ASSISTANCE. 

10 ‘‘(a) IN GENERAL.—As a condition of receipt of Fed11 eral funds under this Act for services related to evacuating 

12 individuals from an area in response to a hazard or threat 

13 of a hazard, a nongovernmental organization shall provide 

14 assurances satisfactory to the President that the organiza15 tion will disclose to a jurisdiction, upon written request, 

16 records maintained by the organization in connection with 

17 such services if the purpose of the disclosure is to permit 

18 the jurisdiction to comply with a Federal or State sex of19 fender registry or notification law. 

20 ‘‘(b) LIABILITY PROTECTION.—Notwithstanding any 

21 other provision of law, no organization or any employee 

22 thereof disclosing a record to a jurisdiction pursuant to 

23 an assurance made under subsection (a) shall be held, by 

24 reason of making the disclosure, to be liable in damages 

25 under any law of the United States or of any State (or 

26 political subdivision thereof) unless the information disVerDate Nov 24 2008 07:01 Jan 12, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H434.IH H434

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1 closed is false and the person providing the information 

2 knew that the information was false.’’. 

Æ 


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