Common use of FEMA Clause in Contracts

FEMA. The FEMA records reside in the Individual Assistance (IA) System (formerly known as the National Emergency Management Information System-Individual Assistance [NEMIS- IA]). FEMA shares information, pursuant to this CMA, included in records covered by FEMA-008 Disaster Recovery Assistance Files System of Records, 78 Fed. Reg. 25,282 (April 30, 2013). Routine Use H.1 authorizes FEMA to share information with other federal agencies for the purpose of preventing duplicate benefits and meeting unmet needs. Routine Use R authorizes FEMA to share information with other federal agencies for the purpose of conducting computer matching activities. The FEMA Disaster Recovery Assistance Files System of Records is currently pending an update and publication in the Federal Register. As part of this SORN update, Routine Uses H.1 and R will be redesignated as I.1 and S. All safeguards and protections provided by the Privacy Act, CMPPA, Judicial Redress Act (JRA) of 2015, and this Agreement regarding the use, disclosure, and security of DHS- FEMA records apply to DHS-FEMA records regarding U.S. citizens, lawful permanent residents (LPRs), and certain designated foreign nationals. U.S. citizens and LPRs covered by Privacy Act of 1974 and those covered persons covered by the JRA are provided with privacy protections and legal redress (e.g., access and amendment) required by law. With respect to persons who are not covered by the Privacy Act or JRA, DHS, by policy, will still analyze official sharing requests under the Fair Information Practice Principles. However, for those individuals, no privacy rights or benefits, substantive or procedural, are intended, or should be construed, to be created by this Computer Matching Agreement, and they are not enforceable under the law against the United States, its agencies, officers, or employees. HUD and FEMA intend to match records after any disaster in which FEMA provides emergency sheltering or temporary housing assistance, or HUD allocates CDBG-DR funds to grantee(s). In addition, when CDBG-DR grants are warranted by the size of the disaster, FEMA records will be shared with HUD to determine allocation of CDBG-DR funds and be transferred through HUD to CDBG-DR grantees for matching. The estimated number of records FEMA and HUD’s CDBG-DR ▇▇▇▇▇▇▇▇ will match following any disaster depends on the size and impact area of the disaster and the number of affected individuals. The damage type and cost will be determined after the disaster and cannot easily be estimated, as the scale and impact of each disaster is unique. The estimated number of records for information sharing with CDBG-DR ▇▇▇▇▇▇▇▇ will be addressed in the agreement between HUD and the CDBG-DR grantees that governs the use of the data. To represent the anticipated records HUD’s CDBG-DR ▇▇▇▇▇▇▇▇ and FEMA intend to match, the following summary describes the number of valid registrations and emergency sheltering and temporary housing statistics from Hurricane ▇▇▇▇▇, declared on September 20, 2017, which represents a large-scale disaster. The statistics also describe the previous four calendar years, 2018-2021. Hurricane ▇▇▇▇▇ declarations in Puerto Rico and the United States Virgin Islands demonstrate the number of records in a large-scale major disaster. The 2018-2021 statistics describe the number of records over the full calendar and are representative of an average event year. The summary statistics represent the range of records that will be matched by HUD’s CDBG-DR ▇▇▇▇▇▇▇▇ and FEMA over the duration of this CMA. Registrations are considered valid if they are in a declared county and damages are attributed to the incident period and incident type of the disaster. 2018 17 369,353 3,576 2019 13 74,023 0 2020 20 542,621 8,947 2021 24 1,646,069 22,438 Based on statistics from 2018-2021, it is estimated HUD and FEMA will share an average of 658,017 records per year to support CDBG-DR and an average of 8,740 records per year to support emergency sheltering and temporary housing. In years that include a large-scale disaster commensurate to Hurricane ▇▇▇▇▇ in 2017, the number of records will increase by an average of 1,143,700 records to support CDBG-DR and 7,019 records to support emergency sheltering and temporary housing for each large-scale disaster.

FEMA. The FEMA records reside in the Individual Assistance (IA) System (formerly known as the National Emergency Management Information System-Individual Assistance [NEMIS- IA]). FEMA shares information, pursuant to this CMA, included in records covered by FEMA-008 Disaster Recovery Assistance Files System of Records, 78 Fed. Reg. 25,282 (April 30, 2013). Routine Use H.1 authorizes FEMA to share information with other federal agencies for the purpose of preventing duplicate benefits and meeting unmet needs. Routine Use R authorizes FEMA to share information with other federal agencies for the purpose of conducting computer matching activities. The FEMA Disaster Recovery Assistance Files System of Records is currently pending an update and publication in the Federal Register. As part of this SORN update, Routine Uses H.1 and R will be redesignated as I.1 and S. All safeguards and protections provided by the Privacy Act, CMPPA, Judicial Redress Act (JRA) of 2015, and this Agreement regarding the use, disclosure, and security of DHS- FEMA records apply to DHS-FEMA records regarding U.S. citizens, lawful permanent residents (LPRs), and certain designated foreign nationals. U.S. citizens and LPRs covered by Privacy Act of 1974 and those covered persons covered by the JRA are provided with privacy protections and legal redress (e.g., access and amendment) required by law. With respect to persons who are not covered by the Privacy Act or JRA, DHS, by policy, will still analyze official sharing requests under the Fair Information Practice Principles. However, for those individuals, no privacy rights or benefits, substantive or procedural, are intended, or should be construed, to be created by this Computer Matching Agreement, and they are not enforceable under the law against the United States, its agencies, officers, or employees. HUD and FEMA intend to match records after any disaster in which FEMA provides emergency sheltering or temporary housing assistance, or HUD allocates CDBG-DR funds to grantee(s). In addition, when CDBG-DR grants are warranted by the size of the disaster, FEMA records will be shared with HUD to determine allocation of CDBG-DR funds and be transferred through HUD to CDBG-DR grantees for matching. The estimated number of records FEMA and HUD’s CDBG-DR ▇▇▇▇▇▇▇▇ grantees will match following any disaster depends on the size and impact area of the disaster and the number of affected individuals. The damage type and cost will be determined after the disaster and cannot easily be estimated, as the scale and impact of each disaster is unique. The estimated number of records for information sharing with CDBG-DR ▇▇▇▇▇▇▇▇ grantees will be addressed in the agreement between HUD and the CDBG-DR grantees that governs the use of the data. To represent the anticipated records HUD’s CDBG-DR ▇▇▇▇▇▇▇▇ Grantees and FEMA intend to match, the following summary describes the number of valid registrations and emergency sheltering and temporary housing statistics from Hurricane ▇▇▇▇▇, declared on September 20, 2017, which represents a large-scale disaster. The statistics also describe the previous four calendar years, 2018-2021. Hurricane ▇▇▇▇▇ declarations in Puerto Rico and the United States Virgin Islands demonstrate the number of records in a large-scale major disaster. The 2018-2021 statistics describe the number of records over the full calendar and are representative of an average event year. The summary statistics represent the range of records that will be matched by HUD’s CDBG-DR ▇▇▇▇▇▇▇▇ Grantees and FEMA over the duration of this CMA. Registrations are considered valid if they are in a declared county and damages are attributed to the incident period and incident type of the disaster. 2018 17 369,353 3,576 2019 13 74,023 0 2020 20 542,621 8,947 2021 24 1,646,069 22,438 Based on statistics from 2018-2021, it is estimated HUD and FEMA will share an average of 658,017 records per year to support CDBG-DR and an average of 8,740 records per year to support emergency sheltering and temporary housing. In years that include a large-scale disaster commensurate to Hurricane ▇▇▇▇▇ in 2017, the number of records will increase by an average of 1,143,700 records to support CDBG-DR and 7,019 records to support emergency sheltering and temporary housing for each large-scale disaster.