Emergency Memo

U.S. Department of Homeland Security
Washington, D.C. 20472

May 12, 2020

MEMORANDUM FOR:

The Honorable Paul Ray
Administrator
Office of Information and Regulatory Affairs
Office of Management and Budget

THROUGH:

Elizabeth A. Cappello ELIZABETH A
Chief Information OfficerCAPPELLO
Department of Homeland Security

FROM:

SUBJECT:

Digitally signed by ELIZABETH A
CAPPELLO
Date: 2020.05.13 09:06:46 -04'00'

Tracey L. Showman
TRACEY L
Chief Administrative Officer SHOWMAN
Mission Support
DHS Federal Emergency Management Agency

Digitally signed by TRACEY L
SHOWMAN
Date: 2020.05.12 16:28:34
-04'00'

Emergency Approval Request of New Information Collection to the
Office of Management and Budget (OMB) Collection 1660-NW122
Requests for Special Priorities Assistance; FEMA Form 009-0-142
Requests for Special Priorities Assistance.

The Federal Emergency Management Agency (FEMA) seeks to utilize the emergency process for
approval for a new information collection to the Office of Management and Budget (OMB)
Collection 1660-NW122 Requests for Special Priorities Assistance in accordance with Title I of the
Defense Production Act of 1950 (DPA), as amended (50 U.S.C. 4501, et seq.) and Executive Order
13603, 77 FR 16651 (Mar. 22, 2012) and Executive Order 13911, 85 FR 18403 (Apr. 1, 2020). It is
vital that FEMA implement the information collection as soon as possible to support immediate
needs in response to the COVID-19 pandemic. In accordance with the Paperwork Reduction Act
(PRA) and the Office of Management and Budget’s (OMB) implementing regulations at 5 C.F.R. §
1320.13: (1) this information is necessary to the mission of the agency, (2) this information is
necessary prior to the expiration of time periods established under PRA, (3) public harm is
reasonably likely to result if normal clearance procedures are followed, and (4) an unanticipated
event has occurred.
1. Information is Essential to the Mission of the Agency
This information is necessary to support the President's priorities and allocations authority under the
DPA implemented by the Emergency Management Priorities and Allocations System (EMPAS)
regulation (44 CFR part 333), which was added by FEMA’s May 11, 2020 Emergency Management
Priorities and Allocations System Interim Final Rule (RIN 1660-AB04). The purpose of this
authority is to ensure the timely delivery of products, materials, and services to meet current

national defense requirements. The definition of “national defense” in Section 702(14) of the DPA
provides that this term includes “homeland security,” “emergency preparedness activities”
conducted pursuant to Section 602 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (Stafford Act) (42 U.S.C. 5195a), and “critical infrastructure protection and
restoration.” The President exercised his authority pursuant to the DPA to respond to the COVID19 pandemic in Executive Orders 13909 and 13910, authorizing the Secretary of Health and Human
Services to prioritize and allocate health and medical resources and prevent hoarding of such
resources to respond to the spread of COVID-19. Pursuant to Executive Order 13911, the President
has also delegated to the Secretary of Homeland Security the authority conferred by section 101 of
the DPA and the authority to promulgate regulations necessary to implement the Executive Order.
The Secretary of Homeland Security has further delegated this authority to the FEMA
Administrator. DHS Delegation 09052 Rev. 00.1 (Apr. 1, 2020).
Because of the substantial risk to life, safety, or health of individuals due to the shortage in emergency
medical products, materials, and equipment supporting distribution infrastructure, and other lifesustaining products, materials, and equipment related to COVID-19 treatment, FEMA requests an
emergency approval to collect the necessary information from contractors when placing rated orders
with suppliers, to obtain timely delivery of products, materials equipment, or services from suppliers, or
for any other reason under the EMPAS, in support of approved national programs. Additionally, when
responding to COVID-19, State and local governments; owners; operators; private sector may request
Special Priorities Assistance (SPA). The Federal Emergency Management Agency (FEMA) FEMA
Form 009-0-142 is used to apply for such assistance.
Although the EMPAS is designed to be largely self-executing, problems do occur from time-totime. Such problems include assistance in obtaining timely deliveries of items needed to satisfy
defense requirements, locating a supplier, resolving production or delivery conflicts between
multiple rated orders, verifying the urgency, and determining the validity of rated orders, or
authorizing the use of the EMPAS authority on contracts or purchase orders to obtain items not
automatically included under the EMPAS. SPA can be provided for any reason in support of the
EMPAS. Use of FEMA Form 009-0-142 serves to structure the information concerning EMPAS
problems so that it can be presented in writing to FEMA and the appropriate EMPAS delegate
agency officials for assistance and resolution. Each item of information requested is needed to
enable these officials to take appropriate action to resolve EMPAS problems on a case-by-case basis.
The information requested includes identification of the government program or end-product, the
involved parties (customer, supplier, etc.), contract or purchase order information, description of the
items required, use of the items, current shipment schedule, and description of problem and urgency
of requirement.
2. The Information is needed Prior to Expiration of Time Periods Established under PRA
To summarize, FEMA knows that COVID-19 infection transmits easily, spreads quickly through
global travel, and can have a high mortality rate for some of the most vulnerable members of society.
Currently, there exists no vaccine or therapy for the disease. The Federal Government urgently
needs to expand production capability and supply for critical medical supplies, equipment, and
facilities associated with COVID-19 diagnosis and treatment. FEMA has the lead role in
coordinating the Federal response to COVID-19 and requires a robust, efficient mechanism for
exercising its authority under section 101 and other applicable authorities to ensure the continued
availability of these resources to diagnose, treat, and contain this disease. Given the national

emergency caused by COVID-19, it would be impracticable and contrary to the public health—and,
by extension, the public interest—to delay implementing this information collection until after
FEMA has completed the PRA process.
3. Public Harm is Reasonably Likely to Result if Normal Clearance Procedures are Followed
Public harm is reasonably likely to result if normal clearance procedures are followed because it may
lead to delays in obtaining the urgently needed products, materials, equipment, and services being
requested through rated orders.
4. An Unanticipated Event has Occurred
The COVID-19 pandemic continues to increase exponentially, and the full scope of the impact to
Americans remains unknown. However, based on the effect in other countries, we know that lifesustaining medical products, materials, equipment, and services are in short supply and FEMA must
act immediately to ensure any issues with rated orders are resolved efficiently.
FEMA is requesting emergency approval of this information collection request so that it can accept
special priorities assistance requests immediately. Delay in approval of these information
collections will disrupt FEMA’s ability to comply with other provisions of the law and its overall
mission.
5. Conclusion
Following the normal clearance procedures for approval this information collection during the
COVID-19 pandemic response will delay FEMA’s ability to assist organizations directly providing
life-sustaining services to COVID-19 infected survivors. Every day the pandemic situation worsens
in the United States, and public requests for immediate action multiply. As discussed, FEMA
certifies that the requirements of 5 CFR 1320.13(a) are met and it is vital this new collection be
implemented immediately, because: (1) this information is necessary to the mission of the agency,
(2) this information is necessary prior to the expiration of time periods established under PRA, (3)
public harm is reasonably likely to result if normal clearance procedures are followed, and (3) an
unanticipated event has occurred.
Thank you for your consideration.