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FEMA to Release New Emergency Management Priorities and Allocation System to Govern FEMA DPA Title I Activities

May.12.2020

On May 13, 2020, the Federal Emergency Management Agency (FEMA) will publish an interim final rule establishing the Emergency Management Priorities and Allocation System (EMPAS) pursuant to Title I of the Defense Production Act (DPA). As drafted, EMPAS will apply beyond the current COVID-19 context and will become part of the Federal Priority and Allocations System (which includes, for example, the Defense Priorities and Allocation System (DPAS) and the Health Resources Priority and Allocations System (HRPAS)). Although largely similar to the DPAS and HRPAS, EMPAS also provides express authorization to issue rated orders to facilitate sales of health and medical resources to third parties while simultaneously rejecting any government financial liability for such orders (44 C.F.R. § 333.12(c) and 333.19). EMPAS is effective immediately upon publication, and comments on the interim final rule will be accepted through June 12, 2020.

For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

Jonathan M. Baker
Partner – Washington, D.C.
Phone: +1 202.624.2641
Email: jbaker@crowell.com
Alan W. H. Gourley
Partner – Washington, D.C.
Phone: +1 202.624.2561
Email: agourley@crowell.com
John E. McCarthy Jr.
Partner – Washington, D.C.
Phone: +1 202.624.2579
Email: jmccarthy@crowell.com
Gail D. Zirkelbach
Partner – Los Angeles
Phone: +1 213.443.5549
Email: gzirkelbach@crowell.com
Stephanie L. Crawford
Associate – Washington, D.C.
Phone: +1 202.624.2811
Email: scrawford@crowell.com