[Congressional Record Volume 169, Number 130 (Thursday, July 27, 2023)]
[Senate]
[Pages S3839-S3843]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DISASTER ASSISTANCE SIMPLIFICATION ACT
Mr. SCHUMER. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 93, S. 1528.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (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.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Homeland Security and
Governmental Affairs with amendments, as follows:
(The parts of the bill intended to be stricken are in boldfaced
brackets and the parts of the bill intended to be inserted are in
italic.)
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 S.
(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
[[Page S3840]]
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) Purposes.--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] tribal government 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] tribal governments, 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] Indian 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 and 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] maintenance, disclosure, 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, and
used;
``(ii) why the collection, maintenance, [or] disclosure, or
use of the disaster assistance information is necessary to
carry out the purpose of a disaster assistance program;
``(iii) how the collection, maintenance, [and] disclosure,
and use 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] unified intake process and system established under
subsection (b)(1) prior to any new collection, maintenance,
disclosure, or use [s,] 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.
[[Page S3841]]
``(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.''.
Mr. SCHUMER. I ask unanimous consent that the committee-reported
amendments be considered and agreed to; that the Peters amendment which
is at the desk be considered and agreed to; that the bill, as amended,
be considered read a third time and passed; and that the motion to
reconsider be considered made and laid upon the table with no
intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendments were agreed to.
The amendment (No. 1088) was agreed to as follows:
(Purpose: To improve the bill)
On page 20, strike line 2 and insert ``ance program.
``(4) Program authorization.--Nothing in this section shall
be construed to authorize a program that is not authorized by
law as of the date of enactment of this section.''.
The bill (S. 1528), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed as follows:
S. 1528
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 PURPOSES.
(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) Purposes.--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
[[Page S3842]]
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 tribal government 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 tribal governments, 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 Indian 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 process and 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,
maintenance, disclosure, 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, disclosed, and used;
``(ii) why the collection, maintenance, disclosure, or use
of the disaster assistance information is necessary to carry
out the purpose of a disaster assistance program;
``(iii) how the collection, maintenance, disclosure, and
use 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 unified
intake process and system established under subsection (b)(1)
prior to any new collection, maintenance, disclosure, or use
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;
[[Page S3843]]
``(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.''.
``(4) Program authorization.--Nothing in this section shall
be construed to authorize a program that is not authorized by
law as of the date of enactment of this section.''.
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