Disaster Assistance Simplification Act

Subjects: Emergency Management, Congressional oversight, Emergency communications systems, Emergency planning and evacuation, First responders and emergency personnel, Government information and archives, Government studies and investigations, Intergovernmental relations, State and local government operations


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1528 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1528

    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

                              May 10, 2023

  Mr. Peters (for himself, Mr. Paul, and Mr. Lankford) 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. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The disaster response and recovery 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, Indian Tribes, 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, State, Tribal, 
        territorial, and local 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, 
        State, Tribal, territorial, and local 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 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 Tribe 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 Tribes, 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 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, equitably, 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 and process 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, 
        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 a public website 
        that--
                    ``(A) includes a detailed description of--
                            ``(i) the specific disaster assistance 
                        information authorized to be collected, 
                        maintained, and disclosed;
                            ``(ii) why the collection, maintenance, or 
                        disclosure of the disaster assistance 
                        information is necessary to carry out the 
                        purpose of a disaster assistance program;
                            ``(iii) how the collection, maintenance, 
                        and disclosure 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 uniform 
        intake process and system established under subsection (b)(1) 
        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 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.''.
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