Notice2022-10620

Agency Information Collection Activities: Submission for OMB Review; Comment Request; Generic Clearance for Civil Rights and Equity

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
May 18, 2022

Issuing agencies

Homeland Security DepartmentFederal Emergency Management Agency

Abstract

The Federal Emergency Management Agency (FEMA) will submit the information collection abstracted below to the Office of Management and Budget for review and clearance in accordance with the requirements of the Paperwork Reduction Act of 1995. The notice seeks comments concerning FEMA's collection of demographic characteristics of those who apply for the Agency's programs or disaster assistance.

Full Text

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<title>Federal Register, Volume 87 Issue 96 (Wednesday, May 18, 2022)</title>
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[Federal Register Volume 87, Number 96 (Wednesday, May 18, 2022)]
[Notices]
[Pages 30246-30251]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10620]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2022-0006; OMB No. 1660-NW133]


Agency Information Collection Activities: Submission for OMB 
Review; Comment Request; Generic Clearance for Civil Rights and Equity

AGENCY: Federal Emergency Management Agency, Department of Homeland 
Security.

ACTION: 30-Day notice and request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA) will submit the 
information collection abstracted below to the Office of Management and 
Budget for review and clearance in accordance with the requirements of 
the Paperwork Reduction Act of 1995. The notice seeks comments 
concerning FEMA's collection of demographic characteristics of those 
who apply for the Agency's programs or disaster assistance.

DATES: Comments must be submitted on or before June 17, 2022.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection should be made to Director, 
Information Management Division, 500 C Street SW, Washington, DC 20472, 
email address <a href="/cdn-cgi/l/email-protection#d395969e92fe9abdb5bca1beb2a7babcbdfe90bcbfbfb6b0a7babcbda0fe9eb2bdb2b4b6beb6bda793b5b6beb2fdb7bba0fdb4bca5"><span class="__cf_email__" data-cfemail="4107040c006c082f272e332c2035282e2f6c022e2d2d242235282e2f326c0c202f2026242c242f350127242c206f2529326f262e37">[email&#160;protected]</span></a> or 
Brian Thompson, Supervisory Emergency Management Specialist, Recovery 
Directorate, Federal Emergency Management Agency, 540-686-3602, 
<a href="/cdn-cgi/l/email-protection#6c2e1e050d0242380403011c1f03025a2c0a09010d4208041f420b031a"><span class="__cf_email__" data-cfemail="7331011a121d5d271b1c1e03001c1d453315161e125d171b005d141c05">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: FEMA proposes to collect demographic 
information from those who apply for benefits to improve its approach 
to ensuring compliance with its civil rights, nondiscrimination and 
equity requirements, and obligations as outlined in federal civil 
rights laws such as Title VI of the Civil Rights Act of 1964, 42 U.S.C. 
2000d, Section 504 of the Rehabilitation Act of 1973, 29 U.S.C.

[[Page 30247]]

794, and the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (the Stafford Act). Such demographic data concerning 
individuals who participate in or benefit from the Agency's programs 
and activities will increase FEMA's ability to evaluate the 
accessibility and distributional equity of their programs and then make 
alterations or pivot based upon identified areas of concern, thereby 
demonstrating compliance with civil rights laws.
    This proposed information collection previously published in the 
Federal Register on January 25, 2022, at 87 FR 3836 with a 60-day 
public comment period. FEMA received 32 comments from the public.
    Certain comments question the utility and relevance of collecting 
demographic information from disaster survivors in the context of the 
equitable and efficient delivery of FEMA's disaster response.\1\ 
Further, the comments ask questions about FEMA's current use of data 
collected from disasters survivors and how this additional demographic 
information impacts data being collected by the agency.
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    \1\ Comment 1 (FEMA-2022-0006-0002), Comment 2 (FEMA-2022-0006-
0003, Comment 3 (FEMA-2022-0006-0004), Comment 7 (FEMA-2022-0006-
0008), Comment 8 (FEMA-2022-0006-0009), Comment 14 (FEMA-2022-0006-
0015), Comment 15 (FEMA-2022-0006-0016).
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    FEMA Response: The Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (Stafford Act), Public Law 93-288, as amended, is the 
legal basis for the Federal Emergency Management Agency (FEMA) to 
provide financial assistance and services to individuals applying for 
disaster assistance benefits in the event of a Federally-declared 
disaster. Regulations in 44 CFR 206.110--Federal Assistance to 
Individuals and Households implements the policy and procedures set 
forth in Section 408 of the Stafford Act, 42 U.S.C. 5174, as amended. 
This program provides financial assistance and, if necessary, direct 
assistance to eligible individuals and households who, as a direct 
result of a major disaster or emergency, have uninsured or under-
insured, necessary expenses and serious needs, and are unable to meet 
such expenses or needs through other means.
    This collection is to ensure that FEMA is equitably reaching all 
communities and people who require assistance. Affirmatively, upon the 
approval of this generic clearance, FEMA will obtain information about 
the demographic characteristics of those who apply for disaster 
assistance grants; but FEMA will continue to provide financial 
assistance and services only to those eligible individuals and 
households who, as a direct result of a major disaster or emergency, 
have uninsured or under-insured, necessary expenses and serious needs, 
and are unable to meet such expenses or needs through other means, in 
accordance with the law. In addition to informing survivors of their 
privacy rights, this collection also notifies applicants that their 
response or lack of response to demographic questions will neither 
positively nor negatively influence their eligibility for grant 
assistance. Each question has a `prefer not to answer' response as well 
in case an applicant wishes to not respond to one or more of the 
demographic questions.
    Among other things, the collection will support FEMA's obligation 
to assess its policies and programs and ensure that access to and 
participation in the Individuals and Households Program (IHP) are 
accomplished in an equitable and impartial manner in accordance with 
Section 308(a) of the Stafford Act that requires FEMA disaster 
assistance, including ``the distribution of supplies, the processing of 
applications, and other relief and assistance activities'' by FEMA and 
recipients of FEMA financial assistance, and ``be accomplished in an 
equitable and impartial manner, without discrimination on the grounds 
of race, color, religion, nationality, sex, age, disability, English 
proficiency, or economic status.'' This will ultimately guide more 
informed and effective disaster policies that do not exclude or 
minimize any demographic or section of a community.
    As correctly pointed out by the public in these comments, FEMA has 
historically held the responsibility of meeting civil rights 
obligations. Its nondiscrimination and equity requirements and 
obligations are outlined in federal civil rights laws, such as the 
Civil Rights Act of 1964, the Rehabilitation Act, and the Stafford Act, 
as well as relevant Executive Orders. The collection of this 
information is crucial to FEMA's aim of fulfilling our obligations and 
will permit its program grant offices to identify and remove barriers 
to application, qualification, and award, and permitting activities 
directly affecting disaster survivors to identify and remove barriers 
to equity and enhance programmatic accessibility. As correctly pointed 
out by the public in these comments, FEMA has historically held the 
responsibility of meeting civil rights obligations. Its 
nondiscrimination and equity requirements and obligations are outlined 
in federal civil rights laws, such as the Civil Rights Act of 1964, the 
Rehabilitation Act, and the Stafford Act, as well as relevant Executive 
Orders. The collection of this information is crucial to FEMA's aim of 
fulfilling our obligations and will permit its program grant offices to 
identify and remove barriers to application, qualification, and award, 
and permitting activities directly affecting disaster survivors to 
identify and remove barriers to equity and enhance programmatic 
accessibility.
    Comment 4 (FEMA-2022-0006-0005): The commenter suggested the ``data 
collection on race or disability status that it creates more challenges 
for people in those sectors of life; we should ask for an 
administrative procedure act to be done so congress can review this. I 
would like to know how data collected will be used as this needs to be 
outlined before any disclosure.
    FEMA Response: FEMA will obtain information about the demographic 
characteristics of those who apply for disaster assistance grants in 
accordance with the law. FEMA uses and shares information with entities 
such as states, tribes, local governments, and other organizations. 
FEMA intends to add demographic questions to existing data collections 
for grant programs. Questions will be included towards the end of a 
grant collection form and Privacy Act language will clearly notify 
applicants that their response or lack of response to demographic 
questions will not influence their eligibility for grant assistance. 
Each question has a `prefer not to answer' response as well in case an 
applicant wishes to not respond to one or more of the demographic 
questions. Such information is necessary to assess and enforce FEMA's 
civil rights obligations; its nondiscrimination and equity requirements 
and obligations as outlined in federal civil rights laws, such as the 
Civil Rights Act of 1964, the Rehabilitation Act, and the Stafford Act, 
as well as relevant Executive Orders. Collection of this information 
will also allow grant offices to identify and remove barriers to 
application, qualification and award, and permitting activities 
directly affecting disaster survivors to identify and remove barriers 
to equity and enhance programmatic accessibility.
    Comment 5 (FEMA-2022-0006-0006): The fifth comment was not 
applicable to this collection.
    Comment 6 (FEMA-2022-0006-0007): The sixth comment was not 
applicable to this collection.
    Comment 9 (FEMA-2022-0006-0010): The commenter suggested that in

[[Page 30248]]

addition to asking about race/ethnicity, gender, education, and marital 
status, would strongly encourage the collection of data regarding, Age, 
Number of People in the Household (and indicating whether any of the 
people in the household are children), Homeownership/Renter Status, and 
Disability Status. All of these factors strongly influence pre and post 
disaster outcomes, and hence are incredibly important for the agency to 
collect. Finally, for the gender question, ``Woman'' or ``Man'' would 
be more appropriate than ``Female'' or ``Male''.''
    FEMA Response: In accordance with the law, to include the Privacy 
Act, FEMA collects all the other data fields suggested except for 
gender.
    Comment 10 (FEMA-2022-0006-0011): The commenter suggested 
separating the Cognitive/Developmental Disabilities/Mental Health 
categories into Cognitive/Developmental Disabilities and Mental Health/
Behavioral Health; clarifying on all forms that an individual may 
select all disabilities or conditions that may apply; that FEMA include 
broad ranges of income among the demographic variables collected; FEMA 
may wish to ask about health insurance status.
    FEMA Response: FEMA does not intend to separate Cognitive 
Developmental Disability from Mental Health/Behavioral Health. FEMA 
currently collects data information on whether or not someone has 
medical insurance. While FEMA asks about medical insurance, the 
instructions inform applicants to select all that apply.
    Comment 11 (FEMA-2022-0006-0012): The eleventh comment was not 
applicable to this collection.
    Comment 12 (FEMA-2022-0006-0013): The commenter suggested we 
believe that this data collection is (A) necessary for the proper 
performance of the agency, including that the collection and use of 
this data will have practical utility; (B) useful and that a few 
additional data collection points may be identified and added to this 
proposal at minimum expense if incorporated with this proposed change; 
(C) this data will enhance the quality, utility, and clarity of the 
information to be collected; and (D) the collection techniques 
identified will minimize the burden of collection.
    FEMA Response: FEMA is constantly working to improve our delivery 
of assistance and streamline our processes for disaster applicants and 
appreciates your evaluation of our data collection.
    Comment 13 (FEMA-2022-0006-0014): The commenter suggested that to 
fully meet the nondiscrimination requirements of the Stafford Act, FEMA 
should also ask for applicants' age in addition to race, ethnicity, and 
gender. FEMA should publicly commit to making demographic data, absent 
personal identifying information (PII), available via the OpenFEMA data 
portal on an ongoing basis. FEMA should also implement a transparent 
process for sharing applicant data, including PII data, with qualified 
research institutions to ensure the data are utilized to their full 
potential and to also ensure the Agency's accountability to the Civil 
Rights Act and the Stafford Act. FEMA should work with other federal 
agencies, like HUD and the Small Business Administration (SBA), to 
further enhance the utilization of these demographic data.
    FEMA Response: FEMA is strengthening interagency data-sharing to 
support improved modeling and information sharing. FEMA collects the 
applicant's age during registration intake. FEMA does not release this 
data via OpenFEMA and does not intend to do so.
    Comment 16 (FEMA-2022-0006-0017): The commenter appreciates the 
value of the data collected for the purpose of determining whether 
minority populations are adversely impacted relative to relief provided 
by FEMA. Determining the magnitude of the problem and identifying its 
source is necessary before change can occur.
    FEMA Response: FEMA is constantly working to improve our delivery 
of assistance and streamline our processes for disaster applicants and 
appreciates your evaluation of our data collection.
    Comment 17 (FEMA-2022-0006-0018): The commenter suggested providing 
the specific information that FEMA proposes to collect; clarifying how 
this information will be used to prevent discrimination and how it will 
benefit survivors. Clarify whether the additional questions will be 
optional or required for eligibility of FEMA benefits. Survivors have a 
wide range of experience and reading/writing/and language 
comprehension. Explain how FEMA will ensure that the additional 
questions will not be intimidating to/uncomfortable for survivors. If 
FEMA chooses to ask about citizenship, explain how it plans to ensure 
that this does not deter applicants from applying. Ensure the data 
collection process will be trauma informed. FEMA's forms should be 
reviewed by a panel of advocates from non-profit agencies who work with 
these unserved/underserved populations to include considerations for 
cultural competence, language, age, disability, literacy level, housing 
status, etc.
    FEMA Response: FEMA does not currently collect data about 
citizenship of an applicant or household members and is not adding a 
citizenship question via this collection. FEMA will obtain information 
about the demographic characteristics of those who apply for disaster 
assistance grants in accordance with the law, to include Section 504 of 
the Rehabilitation Act. FEMA uses and shares information with entities 
such as states, tribes, local governments, and other organizations. 
FEMA intends to add demographic questions to existing data collections 
for grant programs. Questions will be included towards the end of a 
grant collection form and Privacy Act language will clearly notify 
applicants that their response or lack of response to demographic 
questions will not influence their eligibility for grant assistance. 
Each question has a `prefer not to answer' response as well in case an 
applicant wishes to not respond to one or more of the demographic 
questions. Such information is necessary to assess and enforce FEMA's 
civil rights obligations; its nondiscrimination and equity requirements 
and obligations as outlined in federal civil rights laws, such as the 
Civil Rights Act of 1964, the Rehabilitation Act, and the Stafford Act, 
as well as relevant Executive Orders. Collection of this information 
will also allow grant offices to identify and remove barriers to 
application, qualification and award, and permitting activities 
directly affecting disaster survivors to identify and remove barriers 
to equity and enhance programmatic accessibility. FEMA forms are 
reviewed by appropriate entities within the Agency, DHS, and OMB, to 
include the Office of Equal Rights and External Affairs.
    Comment 18 (FEMA-2022-0006-0019): The commenter strongly supports 
the collection of additional data, including information on race, 
ethnicity, Tribal membership, gender, age, income, disability status, 
status as a female headed household or not, and status as a renter or 
not.
    FEMA Response: FEMA is constantly working to improve our delivery 
of assistance and streamline our processes for disaster applicants and 
appreciates your evaluation of our data collection.
    Comment 19 (FEMA-2022-0006-0020): The commenter strongly supports 
FEMA collecting demographic information from those who apply for 
benefits. Unless FEMA understands applicants' demographics, it will not 
be possible to ensure that FEMA benefits are equitably distributed and 
helping those who need it most.

[[Page 30249]]

    FEMA Response: FEMA is constantly working to improve our delivery 
of assistance and streamline our processes for disaster applicants and 
appreciates your evaluation of our data collection.
    Comment 20 (FEMA-2022-0006-0021): The commenter implores FEMA to 
include a category for individuals of ``Middle Eastern or North 
African'' (MENA) descent to identify among the list of racial and 
ethnic group categories into which they disaggregate demographic data 
collected under this information collection activity.
    FEMA Response: FEMA's Individual Assistance program has added 
demographic application questions related to the race, ethnicity, and 
tribal membership. In the future, FEMA will aim to identify and address 
potential access barriers and disparate outcomes based on the 
information collected, instead of only collecting data that directly 
supported the implementation of the program. FEMA will be adding the 
ethnic group question to the data collection for submission to the 
Office of Management & Budget (OMB).
    Comment 21 (FEMA-2022-0006-0022): The commenter suggested that to 
ensure FEMA is fulfilling nondiscriminatory obligations, an opportunity 
must be afforded to applicants to disclose specific demographic 
information. Publicly available information from FEMA could assist in 
ensuring access to justice in a disaster. FEMA has an opportunity to 
improve the operational outcomes for vulnerable communities by 
implementing inclusive processes. Inclusive demographics, as a metric, 
is a quantitative measure that can provide certainty of FEMA's legal 
obligations to ensure that disaster assistance is distributed in an 
equitable manner without discrimination.
    FEMA Response: FEMA is constantly working to improve our delivery 
of assistance and streamline our processes for disaster applicants and 
appreciates your evaluation of our data collection.
    Comment 22 (FEMA-2022-0006-0023): The commenter strongly supports 
the additional collection of data by FEMA, particularly as applied to 
race, ethnicity, tribal status, and gender identity. The collection of 
the proposed data, its application to FEMA emergency response 
practices, and its matching with HUD data in support of long-term 
recovery and mitigation is one more step toward more equitable and 
effective program design and resources application. As this data is 
integrated into the recently implemented FEMA and HUD data matching, 
both should establish procedures to make this data (with personal 
identifying information (PII) redacted) available to the public. We 
applaud FEMA's additional data collection, and we hope that this new 
data collection will help spur continued improvements in data 
transparency.
    FEMA Response: FEMA is undertaking an assessment of equity outcomes 
of several mitigation, federal insurance, preparedness, and grant 
programs. Based on the National Advisory Council (NAC) recommendations 
and other inputs, efforts to improve equity outcomes will include: 
Engaging with State, Local, Tribal, and Territorial (SLTT) partners by 
discussing key elements of the new Building Resilient Infrastructure 
and Communities (BRIC) program, providing a grant program and funding 
priority overview, preparing underserved applicants to apply for 
disaster assistance, and publishing the Mitigation Action Portfolio, a 
new resource to introduce stakeholders to the BRIC grant program and 
the array of eligible hazard mitigation activities. Furthermore, the 
FEMA Intergovernmental Affairs (IGA) Tribal Partner Team is developing 
a training plan for internal staff to better understand tribal nations' 
government structures, heritage, and culture.
    Comment 23 (FEMA-2022-0006-0024): The commenter is pleased to 
respond to the Federal Emergency Management Agency (FEMA) request for 
comments on FEMA's proposed collection of demographic characteristics 
of those who apply for the Agency's programs or disaster assistance; to 
fulfill its Congressional mandate and ensure that federal disaster 
relief truly serves the most vulnerable, FEMA must collect the 
information necessary to assess its activities; applaud FEMA's efforts 
in moving forward to ensure this obligation is met.
    FEMA Response: FEMA is constantly working to improve our delivery 
of assistance and streamline our processes for disaster applicants and 
appreciates your evaluation of our data collection.
    Comment 24 (FEMA-2022-0006-0025): The commenter suggested that FEMA 
should explicitly seek to assist those who were most vulnerable before 
a disaster. We recommend consideration of an approach like Housing and 
Urban Development's Community Development Block Grant Disaster Recovery 
program, which ensures a majority of its funding goes to primarily 
benefit low- and moderate-income households. FEMA must also consider 
collecting demographic information in its hazard mitigation programs, 
such as the Hazard Mitigation Grant Program and Building Resilient 
Infrastructure and Communities programs.
    FEMA Response: FEMA and stakeholders are reviewing changes to the 
Threat Hazard Identification and Risk Assessment (THIRA) and the 
Stakeholder Preparedness Review (SPR) to capture vulnerabilities, 
capability gaps, and target levels of capability for at-risk 
communities and ensure equitable funding distribution related to 
planning, preparedness, mitigation, and recovery outcomes.
    Comment 25 (FEMA-2022-0006-0026): The twenty-fifth comment received 
is a duplicate of the twenty-fourth comment.
    Comment 26 (FEMA-2022-0006-0027): The commenter suggested that 
FEMA's proposal to add the additional demographic questions to the 
Individual and Households Program registration will help promote 
transparency and analysis towards improving equity in its programs. 
FEMA is meeting this equity requirement. Demographic questions should 
be added to every form of the application, whether the applicant 
applies online through <a href="http://disasterassistance.gov">disasterassistance.gov</a>, via phone through the 
FEMA helpline, or in person at a Disaster Recovery Center. Because 
application barriers are most likely to affect underserved populations, 
equity would be furthered by broadening demographic information 
collection to include everyone who begins the application for FEMA 
benefits, including those who do not ultimately receive a registration 
number. Applicants see ``Identification Verification Error'' on their 
screen with a vague explanation that FEMA is unable to verify important 
information needed to complete the online registration. FEMA could make 
demographic information regarding applicants' race, income, gender, 
age, and disability-status available via OpenFEMA data sets.
    FEMA Response: FEMA is considering policy recommendations that 
better align funding distribution to support at-risk communities. These 
recommendations include providing for the security and needs of 
underserved and historically marginalized communities more effectively; 
the assessment will investigate barriers to program participation 
including program awareness, ease of application, eligibility, and 
qualification requirements, as well as identifying where funding has 
not been previously awarded. FEMA is strengthening interagency data-
sharing to support improved modeling and information sharing. FEMA 
collects the applicant's age during registration intake. Currently, 
FEMA does not release this data via OpenFEMA or research institutions.

[[Page 30250]]

    Comment 27 (FEMA-2022-0006-0028): The commenter understands the 
need of a FEMA effort to collect demographic information to ensure 
compliance with Federal civil rights requirements and the equitable 
implementation of emergency management policies and programs; however, 
there does need to be further discussion in how such data will be used 
post collection and incorporated in grant timelines.
    FEMA Response: FEMA is currently developing a comprehensive 
approach to advancing equity using the requirements of Executive Order 
(E.O.) 13985: Advancing Racial Equity and Support for Underserved 
Communities Through the Federal Government, issued on January 20, 2021. 
Determining if new or updated policies, regulations, or guidance 
documents are necessary to advance equity in agency actions and 
programs; reviewing strategies of resource allocation to increase 
investment that advance equity in underserved communities; consulting 
with members of historically underrepresented and underserved 
communities to evaluate opportunities and develop approaches to 
advancing equity by increasing coordination, communication, and 
engagement with community-based and civil rights organizations; 
studying FEMA data collection programs, policies, and infrastructure, 
identifying any deficiencies, and working to implement actions that 
expand and refine data used to measure equity.
    Comment 28 (FEMA-2022-0006-0029): The commenter suggested regarding 
the Data Collection that FEMA has not yet said who will have access to 
the demographic data, what the data will be used for, and what training 
there will be for those handling the data. Private demographic data may 
create impenetrable insulation for FEMA decision making, meaning any 
time claims of inequity or discrimination are levied against FEMA or 
one of FEMA's programs, FEMA could use this data as a shield justifying 
its actions.
    FEMA Response: FEMA will obtain information about the demographic 
characteristics of those who apply for disaster assistance grants in 
accordance with the law, to include the Privacy Act. FEMA uses and 
shares information with entities such as states, tribes, local 
governments, and other organizations. FEMA intends to add demographic 
questions to existing data collections for grant programs. Questions 
will be included towards the end of a grant collection form and Privacy 
Act language will clearly notify applicants that their response or lack 
of response to demographic questions will not influence their 
eligibility for grant assistance. Each question has a `prefer not to 
answer' response as well in case an applicant wishes to not respond to 
one or more of the demographic questions. Such information is necessary 
to assess and enforce FEMA's civil rights obligations; its 
nondiscrimination and equity requirements and obligations as outlined 
in federal civil rights laws, such as the Civil Rights Act of 1964, the 
Rehabilitation Act, and the Stafford Act, as well as relevant Executive 
Orders. Collection of this information will also allow grant offices to 
identify and remove barriers to application, qualification and award, 
and permitting activities directly affecting disaster survivors to 
identify and remove barriers to equity and enhance programmatic 
accessibility.
    Comment 29 (FEMA-2022-0006-0030): The commenter strongly supports 
the proposal to collect demographic data, including data on race, 
ethnicity, and gender, from applicants for FEMA's Individuals and 
Households Program (IHP). Collecting this data is critical to the 
agency's ability to comply with its civil rights obligations under 
federal law, as well as compliance with Executive Orders 13985, 13990, 
and 14008. FEMA is unable to accurately assess its compliance with 
civil rights, nondiscrimination, and equity requirements and 
obligations without collecting this data. FEMA should collect 
additional demographic data in order to fully meet the 
nondiscrimination requirements of the Stafford Act and other civil 
rights and equity requirements and obligations, and make data publicly 
available. FEMA has a legal and ethical obligation to ensure that its 
programs are equitable and nondiscriminatory. FEMA's proposed data 
collection is necessary and appropriate.
    FEMA Response: From FEMA Directive #262-1: Data Sharing to the 
maximum extent possible, FEMA will make non-sensitive data available, 
in multiple formats, to the public, in order to promote transparency, 
and to enhance the whole community's ability to make informed decisions 
on prevention, preparedness, mitigation, response, and recovery 
efforts. FEMA Program Offices will publish non-sensitive, non-PII 
information online in a manner that promotes analysis and reuse for the 
widest possible range of purposes, meaning that the information is 
publicly accessible, machine-readable, appropriately described, 
complete, and timely.
    Comment 30 (FEMA-2022-0006-0031): The commenter applauds FEMA's 
efforts to address longstanding equity concerns with the agency's 
provision of services and funding. The first step, however, to 
addressing these concerns is understanding the nature and extent of the 
problem. To that end, we support the agency's decision to begin 
collecting demographic data of aid recipients. FEMA has a legal 
obligation to administer its programs in an equitable manner. FEMA must 
collect data that allows it to accurately track who receives its 
funding. In order to meet its obligations under Title VI and other 
nondiscrimination statutes, FEMA must collect demographic information.
    FEMA Response: FEMA is constantly working to improve our delivery 
of assistance and streamline our processes for disaster applicants and 
appreciates your evaluation of our data collection.
    Comment 31 (FEMA-2022-0006-0032): The commenter suggested FEMA 
should regularly collect data and partner with researchers to 
investigate and track whether policies, programs, and regulations are 
achieving equitable outcomes; recommends that FEMA develop a robust 
evaluation plan that includes data collection, identification of equity 
benchmarks, and metrics and measures to assist with reporting.
    FEMA Response: FEMA's Office of Equal Rights coordinated and hosted 
three civil rights summits for external stakeholders. Motivated by 
FEMA's core values of compassion, fairness, integrity and respect, the 
civil rights summits sought to engage FEMA and its stakeholders in 
collaborative dialogue aimed at identifying actual and perceived biases 
impacting equal access to FEMA's programs and services. The goal of the 
summits was to start a conversation about equity, equal access, and 
implementation with members of the public with first-hand knowledge 
about how FEMA can better meet the needs of underserved and 
historically marginalized communities before, during, and after 
disasters. The summits focused on three areas: Multi-cultural 
communities, disability communities, and environmental justice issues 
throughout disasters. The sessions included presentations from the main 
FEMA program offices that serve survivors and senior level panel 
discussions stemming from questions presented by attendees.
    Comment 32 (FEMA-2022-0006-0033): The thirty-second comment was not 
applicable to this collection.
    The purpose of this notice is to notify the public that FEMA will 
submit the information collection abstracted below

[[Page 30251]]

to the Office of Management and Budget for review and clearance.

Collection of Information

    Title: Generic Clearance for Civil Rights and Equity.
    Type of Information Collection: New information collection.
    OMB Number: 1660-NW133.
    FEMA Forms: Under the Generic Clearance, each FEMA component will 
submit their specific forms for the collection of demographics. FEMA 
Form: FF-256-FY-21-100, Generic Clearance Civil Rights and Equity. The 
Agency is prepared to add these questions to the Individuals and 
Households program registration, FF-104-FY-21-123 (formerly FEMA Form 
009-0-1T (English)), Tele-Registration, Disaster Assistance 
Registration, FF-104-FY-21-125 (formerly FEMA Form 009-0-1Int 
(English)), internet, Disaster Assistance Registration, FF-104-FY-21-
122 (formerly FEMA Form 009-0-1 (English)), Paper Application/Disaster 
Assistance Registration. The demographic data will help the Individuals 
and Households program improve operational outcomes for vulnerable 
communities by using analysis of demographic data against program 
outcomes to evaluate whether any disparities in eligibility 
determinations appear to impact vulnerable communities. FEMA would then 
use this data to determine how to improve service delivery for all 
survivors. FEMA expects a burden of no more than 5 minutes per 
registration to answer the additional questions, with the entire 
estimated annual burden outlined below.
    Abstract: The Federal Emergency Management Agency will use the 
demographic characteristics collected from applicants and beneficiaries 
to assess its civil rights, nondiscrimination and equity requirements, 
and obligations as outlined in federal civil rights laws such as the 
Civil Rights Act, Rehabilitation Act, and the Stafford Act.
    Affected Public: Individuals or Households.
    Estimated Number of Respondents: 938,800.
    Estimated Number of Responses: 938,800.
    Estimated Total Annual Burden Hours: 78,202.
    Estimated Total Annual Respondent Cost: $3,176,565.
    Estimated Respondents' Operation and Maintenance Costs: $0.
    Estimated Respondents' Capital and Start-Up Costs: $0.
    Estimated Total Annual Cost to the Federal Government: $3,814,696.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption 
above. Comments are solicited to (a) evaluate whether the proposed data 
collection is necessary for the proper performance of the agency, 
including whether the information shall have practical utility; (b) 
evaluate the accuracy of the agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (c) enhance the quality, utility, and 
clarity of the information to be collected; and (d) minimize the burden 
of the collection of information on those who are to respond, including 
through the use of appropriate automated, electronic, mechanical, or 
other technological collection techniques or other forms of information 
technology, e.g., permitting electronic submission of responses.

Millicent Brown Wilson,
Records Management Branch Chief, Office of the Chief Administrative 
Officer, Mission Support, Federal Emergency Management Agency, 
Department of Homeland Security.
[FR Doc. 2022-10620 Filed 5-17-22; 8:45 am]
BILLING CODE 9111-24-P


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Indexed from Federal Register on May 18, 2022.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.