[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2786 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2786

  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 SENATE OF THE UNITED STATES

                              May 11, 2006

  Mr. Vitter introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 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.

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

SECTION 1. REQUIREMENT FOR ACCESS TO FEMA DATABASES TO COMPLY WITH SEX 
              OFFENDER REGISTRY AND NOTIFICATION LAWS.

    Section 552a(b) of title 5, United States Code, is amended--
            (1) in paragraph (11), by striking ``or'' at the end;
            (2) in paragraph (12), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(13) disclosure of a record--
                    ``(A) contained in a system of records maintained 
                by the Federal Emergency Management Agency regarding 
                assistance provided to individuals in connection with a 
                major disaster or emergency (as those terms are defined 
                in section 102 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5122)); 
                and
                    ``(B) for purposes of disclosure to another 
                government agency or to an instrumentality of any 
                governmental jurisdiction within or under the control 
                of the United States for purposes of complying with a 
                Federal or State sex offender registry or notification 
                law.''.

SEC. 2. DISCLOSURE OF RECORDS MAINTAINED BY NONGOVERNMENTAL 
              ORGANIZATIONS PROVIDING EVACUATION ASSISTANCE.

    Title III of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5141 et seq.) is amended by adding at the end 
the following:

``SEC. 326. DISCLOSURE OF RECORDS MAINTAINED BY NONGOVERNMENTAL 
              ORGANIZATIONS PROVIDING EVACUATION ASSISTANCE.

    ``(a) In General.--As a condition of receipt of Federal funds under 
this Act for services related to evacuating individuals from an area in 
response to a hazard (as that term is defined in section 602) or threat 
of a hazard, a nongovernmental organization shall provide assurances 
satisfactory to the President that the organization shall disclose to 
the Federal Government or a State or local government, upon written 
request, records maintained by the organization in connection with such 
services, if the purpose of the disclosure is to permit the Federal 
Government or a State or local government to comply with a Federal or 
State sex offender registry or notification law.
    ``(b) Liability Protection.--
            ``(1) In general.--Notwithstanding any other provision of 
        law and except as provided in paragraph (2), a civil action 
        against an organization or any employee of an organization for 
        damages related to the disclosure of a record to the Federal 
        Government or a State or local government under subsection (a) 
        may not be brought in any Federal or State Court.
            ``(2) False information.--Paragraph (1) shall not apply 
        if--
                    ``(A) the information disclosed is false; and
                    ``(B) the person providing the information knew 
                that the information was false.''.
                                 <all>