[Federal Register Volume 85, Number 92 (Tuesday, May 12, 2020)]
[Notices]
[Pages 28031-28032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10221]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2020-0016]


Meeting To Develop Pandemic Response; Voluntary Agreement

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Announcement of meeting; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Federal Emergency Management Agency (FEMA) will convene a 
meeting remotely via teleconference and web conference on May 21, 2020, 
to develop a voluntary agreement under Section 708 of the Defense 
Production Act to help provide for the national defense by maximizing 
the effectiveness of the distribution of critical medical resources 
nationwide to respond to pandemics in general, and COVID-19 
specifically. The meeting will be open to the public. If necessary, a 
second meeting will take place on May 27, 2020.

DATES: The meeting will take place on Thursday, May 21, 2020, from 2:00 
to 3:30 p.m. Eastern Time (ET). Written comments for consideration at 
the meeting must be submitted and received by 12 p.m. ET on Wednesday, 
May 20, 2020. To register to make remarks during the public comment 
period, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section below by 12 p.m. ET on May 20, 2020.
    If necessary, a second meeting will take place on Wednesday, May 
27, 2020, from 2:00 to 3:30 p.m. ET.

ADDRESSES: The meeting(s) will be held via teleconference and web 
conference. It is recommended that attendees register with FEMA by 
12:00 p.m. on May 20, 2020, by providing their name, telephone number, 
email address, title, and organization to the person listed in the FOR 
FURTHER INFORMATION CONTACT section below.
    Reasonable accommodations are available for people with 
disabilities and others with access and functional needs. To request a 
reasonable accommodation, contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section below as soon as possible.
    To facilitate public participation, members of the public are 
invited to provide written comments on the issues to be considered at 
the meeting. The ``Meeting Objectives'' section below outlines these 
issues. Written comments for consideration at the meeting on May 21 
must be submitted and received by 12 p.m. ET on May 20, 2020, 
identified by Docket ID FEMA-2020-0016, and submitted by one of the 
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: Defense Production Act Division, FEMA, FEMA-DPA@fema.dhs.gov.
    Instructions: All submissions must include the docket ID ``FEMA-
2020-0016.'' Comments received, including any personal information 
provided, may be posted without alteration at http://www.regulations.gov.
    Docket: For access to the docket to read comments received by the 
FEMA, go to http://www.regulations.gov, and search for Docket ID FEMA-
2020-0016.
    A public comment period will be held at the FEMA meeting on May 21, 
2020, from 2:00 to 3:30 p.m. ET. All speakers must limit their comments 
to 3 minutes. Comments should be addressed to FEMA. Any comments not 
related to the Meeting Objectives topics will not be considered at the 
meeting, which will be chaired by FEMA. To register to make remarks 
during the public comment period, contact the individual listed in the 
FOR FURTHER INFORMATION CONTACT section below by 12:00 p.m. on May 20, 
2020. If necessary, FEMA will limit the number of comments taken during 
the public meeting consistent with the time available, but will 
consider relevant and properly submitted written submissions from all 
interested parties.
    FEMA encourages interested parties to make written submissions in 
advance of the meeting on May 21 and as a follow-up to one or both 
meetings consistent with the instructions for submitting comments 
stated above. Follow-up comments must be received within three (3) 
business days of the last meeting held in order to be considered.
    FEMA will create a transcript for each meeting and will upload the 
transcript(s) to the docket referenced above for public viewing. No 
later than 9:00 a.m. ET on Friday, May 22, FEMA will upload a notice to 
the docket stating whether the second meeting will be held and 
specifying when the comment period will be closed, consistent with the 
paragraph immediately above.

FOR FURTHER INFORMATION CONTACT: Harold Lucie, Joint DPA Office, 
Federal Emergency Management Agency, 500 C Street SW, Washington, DC 
20472-3184, telephone (202) 212-2900, and email FEMA-DPA@fema.dhs.gov.

SUPPLEMENTARY INFORMATION: Notice of the meeting(s) is provided as 
required

[[Page 28032]]

by Sec. 708(e)(3)(B) of the Defense Production Act (DPA), 50 U.S.C. 
4558(e)(3)(B), and consistent with 44 CFR part 332.
    The DPA authorizes the making of ``voluntary agreements and plans 
of action'' with, among others, representatives of industry and 
business to address conditions that may pose a direct threat to the 
national defense or its preparedness programs (50 U.S.C. 4558(c)(1)). 
The President's authority to facilitate voluntary agreements has been 
delegated to the Department of Homeland Security (DHS) generally in 
section 401 of Executive Order 13603,\1\ ``National Defense Resources 
Preparedness,'' and specifically for response to the spread of COVID-19 
within the United States in section 3 of Executive Order 13911,\2\ 
``Delegating Additional Authority Under the Defense Production Act With 
Respect to Health and Medical Resources To Respond to the Spread of 
COVID-19.'' The Secretary of Homeland Security has delegated this 
authority to the FEMA Administrator in DHS Delegation 09052 Rev. 00.1, 
``Delegation of Defense Production Act Authority to the Administrator 
of the Federal Emergency Management Agency'' (Apr. 1, 2020).
---------------------------------------------------------------------------

    \1\ 77 FR 16651 (Mar. 22, 2012).
    \2\ 85 FR 18403 (Apr. 1, 2020).
---------------------------------------------------------------------------

    The FEMA Administrator has found that, in light of the 
unprecedented nature of COVID-19 and subsequent response requirements, 
conditions exist which pose a direct threat to the national defense and 
its preparedness programs. A future pandemic, or resurgence of COVID-
19, will similarly threaten the national defense and its preparedness 
programs. Therefore, FEMA has sought, and received, approval from the 
Attorney General, after consultation by the Attorney General with the 
Federal Trade Commission, to begin the consultations with 
representatives of manufacturers, suppliers and distributors of 
personal protective equipment, pharmaceuticals, and other critical 
health and medical resources for the purpose of making a voluntary 
agreement under the DPA. The purpose of such an agreement is to 
maximize the effectiveness of the distribution of critical health and 
medical resources nationwide to respond to pandemics in general, and 
COVID-19 specifically, by establishing unity of effort between 
agreement participants and the Federal Government for integrated 
coordination, planning, information sharing, and distribution of 
critical medical resources. With respect to agreement participants 
specifically, the agreement would establish the terms, conditions, and 
procedures under which participants agree voluntarily to contribute and 
facilitate health and medical resource production and distribution 
capacity as requested by FEMA and other Federal Government entities.
    FEMA proposes to make a 5-year voluntary agreement effective as 
soon as possible to address the Nation's response to COVID-19. FEMA 
proposes a Committee for the Distribution of Medical Resources 
Necessary to Respond to a Pandemic (the ``Committee'') to provide FEMA 
and the participants a forum to maximize the effectiveness of the 
distribution of health and medical resources nationwide to respond to a 
pandemic through integrated coordination, planning, information 
sharing, and distribution of health and medical resources.
    The meeting(s) will be chaired by the FEMA Administrator or his 
delegate, and attended by the Attorney General or his delegate, and the 
Chairman of the Federal Trade Commission or his delegate. In developing 
this agreement, FEMA will adhere to all procedural requirements of 50 
U.S.C. 4558 and 44 CFR part 332 for establishment of this voluntary 
agreement.
    Meeting Objectives: The purpose of the meeting(s) is two-fold:
    (1) First, FEMA aims to identify agreement participants. FEMA 
proposes to invite representatives of major manufacturers, suppliers, 
and distributers of health and medical resources critical to respond to 
a pandemic. FEMA requests stakeholder input on identification of 
appropriate manufacturers, suppliers, distributors, and any other 
appropriate stakeholders for inclusion in the voluntary agreement.
    (2) Second, FEMA aims to gather technical advice from meeting 
participants on the scope and substance of the draft agreement. FEMA 
proposes that voluntary agreement will include: Provision of technical 
advice; collective sharing of information; identification and 
validation of places and resources of the greatest need for medical 
resources; projection of future distribution demands; collective 
identification and resolution of allocation of scarce resources among 
all public and private domestic needs; sharing of vendor, manufacturer 
and distribution information; and inclusion of any other necessary 
collective actions to maximize the timely national distribution of 
health and medical resources necessary to respond to a pandemic. FEMA 
requests stakeholder evaluation of the objectives outlined above, and 
requests that stakeholders provide additional recommendations for 
objectives of the voluntary agreement.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-10221 Filed 5-8-20; 11:15 am]
BILLING CODE 9111-19-P


