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FEMA establishes Emergency Management Priorities and Allocations System (EMPAS) regulation

from IAEM

FEMA recently published a final rule in the Federal Register to prioritize and allocate contracts for health and medical resources in response to the COVID-19 pandemic. This finalizes an interim rule from May 13, 2020, which enables FEMA to provide for the continued supply of critical medical resources to the American public. This final rule establishes the Emergency Management Priorities and Allocations System (EMPAS), which will become part of the Federal Priorities and Allocations System (FPAS) body of regulations that establish standards under Section 101 of the Defense Production Act (DPA). Consistent with other FPAS regulations, EMPAS has two principal components: priorities and allocations. Under the priorities component, contracts or orders necessary to support the national defense are given preference over other contracts or orders. Under the allocation component, materials, services, and facilities may be allocated for domestic use to promote national defense. This rule is one of several parallel rules previously published under the Defense Production Act by federal agencies. The following agencies with existing DPA Section 101 authority includes the Departments of Commerce, Energy, Health and Human Services, Transportation, and Agriculture. The regulations from these agencies currently constitute the FPAS. FEMA’s EMPAS provisions are consistent with FPAS regulations issued by sister agencies. more

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