Emergency Justification Memo (Signed by FEMA CAO and DHS CIO)

Emergency Approval for New Collection 1660-NW162 – Preparedness Grants Portfolio

Pre

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

February 21, 2023
MEMORANDUM FOR:

The Honorable Dominic Mancini
Deputy Administrator
Office of Information and Regulatory Affairs
Office of Management and Budget

THROUGH:

Eric Hysen
Chief Information Officer
U.S. Department of Homeland Security

FROM:

Alexandra Travis
Chief Administrative Officer
Mission Support
Federal Emergency Management Agency

SUBJECT:

Justification for Emergency Processing: Fiscal Year 2023
Preparedness Grant Programs Portfolio

ERIC N HYSEN

Digitally signed by ERIC N
HYSEN
Date: 2023.02.24 13:41:13
-05'00'

Digitally signed by
ALEXANDRA TRAVIS
Date: 2023.02.23 16:19:46
-05'00'

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-NW162 Fiscal Year (FY) 2023 Preparedness Grants Portfolio. This includes
information for the Regional Catastrophic Preparedness Grant Program (RCPGP) (FF-207-FY23-105); Emergency Operations Center Grant Program (EOCGP) (FF-207-FY-23-100);
Emergency Management Performance Grant (EMPG) Program (FF-207-FY-23-101); Intercity
Bus Security Grant Program (IBSGP) (FF-207-FY-23-102, FF-207-FY-23-103, and FF-207-FY23-104); Nonprofit Security Grant Program (NSGP) (FF-207-FY-21-115); Grants Reporting
Tool (GRT) (FF-207-FY-23-107), and Controlled Equipment Request Form (FF-207-FY-23106). In addition to this emergency approval, the programs will also complete the generic
collection review process and post the 60-Day and 30-Day Federal Register Notices following
the Emergency Federal Register Notice.
It is vital that FEMA implement the information collection as soon as possible to support
immediate needs in response to delivering and supporting grant programs that help the Nation
before, during, and after disasters in order to make the country more resilient. 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

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Emergency Approval for New Collection 1660-NW162 – Preparedness Grants Portfolio
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) the use of normal clearance procedures is reasonably likely to
cause a statutory deadline to be missed. See below for further explanation regarding (1)–(4).
1. Information is essential to the mission of the agency
This information is necessary to award funding for the RCPGP, EOCGP, EMPG Program,
IBSGP, and NSGP.
On December 29, 2022, the President signed the Consolidated Appropriations Act, 2023 (Pub. L.
No. 117-328) (“Act”), which includes statutory appropriations for the RCPGP, EOCPG, EMPG,
IBSGP, and NSGP. The purpose of these authorities is to support immediate needs in response to
delivering and supporting grant programs that help the Nation before, during, and after disasters
in order to make the country more resilient.
Because FEMA is responsible for implementing and ensuring compliance with these programs,
and Congress authorized $760,140,285 in funding to support these programs ($12,000,000 for
the RCPGP; $86,140,285 for the EOCGP; $355,000,000 for the EMPG Program; $2,000,000 for
IBSGP; and $305,000,000 for NSGP), FEMA requests an emergency approval to collect the
necessary information from eligible entities to administer the award process.
The GRT System is a web-based reporting system designed to help eligible entities meet all
reporting requirements to comply with the Homeland Security Act of 2002, as amended by the
Post Katrina Emergency Management Reform Act of 2006, 6 U.S.C. § 238. The collection is
also authorized by Homeland Security Presidential Directives Five and Eight (HSPD-5, 8). This
information is being collected for the primary purpose of supporting the Department of
Homeland Security (DHS) in the storage and management of data related to national
preparedness, including terrorism preparedness grant programs for emergency response
providers and incorporating the National Priority Areas into planning guidance on an agency
level for overall national preparedness efforts.
To ensure FEMA is able to begin awarding funds prior to expiration, the agency must have a
mechanism for eligible entities to provide information on their applications. The instruments
serve to structure the information concerning the various program requirements and formally
begins the awarding process. Each item of information requested is needed to establish the nature
and scope of the applicant’s eligibility and fitness with National Priority Areas.
The Controlled Equipment Request Form, applicable to all grant programs that allow
construction, is required to ensure compliance with section 70914 of the Build America, Buy
America Act (BABAA) (Pub. L. No. 117-58, §§ 70901-52). BABAA requires all federal
agencies, including FEMA, to ensure that no federal financial assistance for infrastructure
projects is provided “unless all of the iron, steel, manufactured products, and construction
materials be used in the project are produced in the United States.”
2. The information is needed prior to expiration of time periods established under PRA

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Emergency Approval for New Collection 1660-NW162 – Preparedness Grants Portfolio

Section 305 of the Act requires FEMA to make applications available to applicants no later than
60 days after December 29, 2022 (date Act was enacted), applicants to submit applications no
later than 80 days after the grant announcement, and the FEMA Administrator to act (e.g.
announce award amounts) within 65 days after the receipt of an application.
It would thus be impossible to complete the normal PRA process before the statutory deadline. It
is contrary to the public interest to delay implementing this information collection until after
FEMA has completed the standard 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
will lead to substantial funding not reaching eligible entities that help the Nation before, during,
and after disasters in order to make the country more resilient. Furthermore, it will leave FEMA
unable to adequately assess award applications and perform statutory obligations to administer
programs. It would also result in a lapse of over $760 million in federal financial assistance, all
of which is required to be awarded before the end of FY 2023.
4. The use of normal clearance procedures is reasonably likely to cause a statutory deadline
to be missed
Section 305 of the Act requires FEMA to make applications available to applicants no later than
60 days after December 29, 2022 (date Act was enacted), applicants to submit applications no
later than 80 days after the grant announcement, and the FEMA Administrator to act within 65
days after the receipt of an application.
Due to the need to award funds to eligible entities, FEMA requests emergency processing for
instruments related to RCPGP, EOCPG, EMPG, IBSGP, the GRT, and the Controlled
Equipment Request form by February 24, 2023. Given the inability to seek public comment
during such a short timeframe, FEMA requests a waiver from the requirement to publish notice
in the Federal Register seeking public comment.
5. Conclusion
Following the normal information collection clearance procedures for approval will delay
FEMA’s ability to provide appropriated funds to programs that help the Nation before, during,
and after disasters in order to make the country more resilient. 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 (4) the use of
normal clearance procedures is reasonably likely to cause a statutory deadline to be missed.
Thank you for your consideration.

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