About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-332254 1 (2020-06-17)

handle is hein.gao/gaobaebmv0001 and id is 1 raw text is: cO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-332254 June 17, 2020 The Honorable Mike Crapo Chairman The Honorable Sherrod Brown Ranking Member Committee on Banking, Housing, and Urban Affairs United States Senate The Honorable Peter A. DeFazio Chairman The Honorable Sam Graves Ranking Member Committee on Transportation and Infrastructure House of Representatives Subject: Department of Homeland Security, Federal Emergency Management Agency: Emergency Management Priorities and Allocations System (EMPAS) Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Homeland Security, Federal Emergency Management Agency (FEMA) entitled Emergency Management Priorities and Allocations System (EMPAS) (RIN: 1660-AB04). We received the rule on June 2, 2020. It was published in the Federal Register as an interim final rule on May 13, 2020. 85 Fed. Reg. 28500. The effective date of the rule is May 13, 2020. The agency is holding a comment period through June 12, 2020. According to FEMA, the interim final rule establishes standards and procedures by which the agency may require certain contracts or orders that promote the national defense be given priority over other contracts or orders. FEMA states that the rule also sets new standards and procedures by which the agency may allocate materials, services, and facilities to promote the national defense under emergency and non-emergency conditions pursuant to section 101 of the Defense Production Act of 1950. 50 U.S.C. § 4511. According to FEMA, this rule is part of the agency's response to the ongoing Coronavirus Disease 2019 emergency. The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major rule from the date of publication in the Federal Register or receipt of the rule by Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). The 60-day delay in effective date can be waived, however, if the agency finds for good cause that delay is impracticable, unnecessary, or contrary to the public interest, and the agency incorporates a statement of the findings and its reasons in the rule issued. 5 U.S.C. §§ 553(b)(3)(B), 808(2). According to FEMA, there is no required delay in the effective date of the rule because it is being promulgated under the good cause exception to notice and comment under the Administrative Procedure Act. 5 U.S.C. § 808(2). According to FEMA, the situation of the Coronavirus Disease 2019 pandemic requires FEMA to establish, without delay, the relevant regulatory framework, in order

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most