Yes – private sector organizations can sign a voluntary agreement (or action plan) at any time during the term of the plan or agreement. FEMA will publish the list of participants in voluntary agreements annually in the Federal Registry. 2. If the Attorney General, after consulting the Chairman of the Federal Trade Commission, approves this proposal, the promoter shall initiate one or more meetings of interested persons for the preparation of the agreement. Participants acknowledge and agree to comply with all provisions of Section 708 of the DPA, as amended, and related rules, adopted by FEMA, the Department of Homeland Security, HHS, the Attorney General, and the FTC. FEMA announced standards and procedures for voluntary agreements in 44 CFR Part 332. The administrator informs the participants of the new rules and regulations as soon as they are adopted. (1) A sponsor who wishes to develop a voluntary agreement must submit to the Attorney General and the administrator of the federal emergency authority a document proposing the agreement. The proposal will contain statements on: the subject matter of the agreement; the substantive basis for the finding referred to in Article 708(c)(1) DSG; the proposed participants in the agreement; and any coordination with other federal authorities in relation to the proposal. A separate commitment from participants by invitation and consent to participate in an action plan. The conclusion of the Action Plan Agreement confers on the Participant responsibilities that are consistent with the responsibilities set out in the Action Plan and provides the Participants with anti-dominant position protection for measures taken pursuant to this Action Plan, as set out in Section IV below.
The first release, issued last week, announces FEMA`s intention to create a voluntary agreement with industry, in accordance with Title VII of the DPA. FEMA`s stated goal is “to maximize the effectiveness of the distribution of critical medical and health resources across the country in order to respond to pandemics in general and COVID-19 in particular, by creating a unity of effort between contractors and the federal government for the integrated coordination, planning, information exchange, and distribution of critical medical resources.” FEMA provides that the agreement “sets out the conditions, conditions, and procedures under which participants voluntarily commit to contribute to and facilitate the production and distribution capacity of health and medical resources, as requested by FEMA and other federal government agencies.” Yes – Private sector partners can leave the voluntary agreement at any time, but must notify FEMA in writing 15 days prior to departure. However, they will no longer have the protection offered by the agreement for future actions. Initially, FEMA is planning a conference call/web on May 21, 2020 at 2:00 p.m. – 3:30 p.m. esT.m (with possibly a second meeting on May 27). The meeting will be open to the public, while FEMA participants are expected to register by May 20. The purpose of the meeting is to identify the participants in the agreement and to obtain technical advice on the scope and content of the draft agreement. For now, FEMA is keeping mom who she wants to invite to participate in the agreement.
According to the notice published Monday by the Federal Register, the agency is considering individuals, partnerships, companies, associations and private organizations that have “substantial skills, resources or expertise” to fulfill the purpose of the agreement. 4. Any interested person may, as indicated in the opinion of the Federal Registers Assembly, provide written data and views on the proposed voluntary agreement and, at the discretion of the Head of the Assembly, have the opportunity to present orally. 2. The promoter of a voluntary agreement shall keep each minutes of the meeting and any voluntary agreement and make them available for public consultation and reproduction to the extent required by Article 332(5) of this Part. . . .