II 109th CONGRESS 2d Session S. 2786 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.

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. .

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:

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.

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