[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4599 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4599

    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

_______________________________________________________________________

                                 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 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 who 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;
                    ``(B) the Department of Housing and Urban 
                Development;
                    ``(C) the Small Business Administration;
                    ``(D) the Department of Agriculture; and
                    ``(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.
            ``(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--
                    ``(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 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) detect, prevent, and investigate 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 using DisasterAssistance.gov or received from any 
        disaster assistance agency with any other disaster assistance 
        agency; 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 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.
                    ``(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 Secretary of Homeland 
                Security waives the requirements described in 
                subparagraph (A), the Secretary shall--
                            ``(i) promptly post on the internet website 
                        of the Department of Homeland Security--
                                    ``(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 Secretary of Homeland Security 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 and best practices of the National Institute 
        of Standards and Technology;
            ``(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
            ``(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--
                            ``(i) in accordance with this section; and
                            ``(ii) in substantial compliance with the 
                        data security standards and best practices of 
                        the National Institute of Standards and 
                        Technology;
                    ``(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; and
                    ``(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.''.
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