On August 10, the Federal Emergency Management Agency (FEMA), under the Department of Homeland Security, will be extending and revising a Temporary Final Rule (first issued in April this year) that invokes the Defense Production Act (DPA) to allocate certain Personal Protective Equipment (PPE) for domestic use and prohibit exportation of that PPE from the
PRAC Report Confirms OIG Focus on Combatting Fraud Related to Emergency Funding Programs
On June 17, 2020, the Pandemic Response Accountability Committee (PRAC) issued its first report, “Top Challenges Facing Federal Agencies: COVID-19 Emergency Relief and Response Effort” (the “Report”). PRAC was established by the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). It consists of the twenty-one offices of inspectors general (OIGs) that oversee the
Coronavirus Update: First Pandemic Response Accountability Committee Report Emphasizes Government-Wide Concerns About Fraud and Grant Management
On Wednesday, June 17, 2020, the Pandemic Response Accountability Committee (“PRAC”), composed of 21 Offices of Inspector General overseeing agencies that received the most CARES Act funds, released its first report, “Top Challenges Facing Federal Agencies: COVID-19 Emergency Relief and Response Efforts.” The report was derived from information provided by 37 Offices of Inspector
AAG Delrahim Touts Success of DOJ’s Procurement Collusion Strike Force on International Stage
The U.S. Justice Department recently recommended that other countries consider focusing on collusion in government procurement, touting the early success of its interagency strike force. During yesterday’s virtual meeting of the Organization for Economic Cooperation and Development (OECD) Competition Committee, Assistant Attorney General Makan Delrahim introduced the Antitrust Division’s recently formed Procurement Collusion Strike Force
Coronavirus Update: Senate Judiciary Committee Hearing Highlights COVID-19 Enforcement Trends and Priorities
On June 9, the U.S. Senate Judiciary Committee held a committee hearing entitled “COVID-19 Fraud: Law Enforcement’s Response to Those Exploiting the Pandemic” for representatives of the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI), and the Secret Service to address how they are combatting, investigating, and prosecuting COVID-19-related crimes. The witnesses included
Revisions to DOJ’s Corporate Compliance Guidance Indicate that a Dynamic, Data-Driven and Well-Resourced Compliance Program is More Important than Ever
On Monday, June 1, 2020, the Department of Justice’s (DOJ’s) Criminal Division issued an updated version of the “Evaluation of Corporate Compliance Programs” guidance. The guidance was originally published by the Criminal Division’s Fraud Section in February 2017, and last revised in April 2019. The updated guidance emphasizes the need for companies to
Coronavirus Update: DPC Issues Section 3610 Draft Reimbursement Guidance
Yesterday evening, May 18, Defense Pricing and Contracting issued draft instructions and requirements for contractors submitting Section 3610 reimbursement requests. Comments from industry are welcome by emailing osd.dfars@mail.mil before 5pm ET on Friday, May 22, 2020.
The draft instruction requires significant information from contractors. The required information falls into these general categories: detail about requested
Coronavirus Update: White House Delegates Title III DPA Authority to U.S. International Development Finance Corporation
On May 14, the President issued an Executive Order (EO) delegating funding and loan authority under Title III of the Defense Production Act (DPA) to the U.S. International Development Finance Corporation (DFC) to support domestic production of strategic resources to respond to the COVID-19 outbreak and strengthen domestic supply chains. The DFC’s loan authority
Coronavirus Update: FEMA to Release New Emergency Management Priorities and Allocation System to Govern FEMA DPA Title I Activities
On May 13, 2020, the Federal Emergency Management Agency (FEMA) will publish an interim final rule establishing the Emergency Management Priorities and Allocation System (EMPAS) pursuant to Title I of the Defense Production Act (DPA). As drafted, EMPAS will apply beyond the current COVID-19 context and will become part of the Federal Priority and Allocations
Coronavirus Update: DPA Authority Delegated to Department of Agriculture to Combat Food Supply Chain Threat
On April 28, the President signed an Executive Order on Delegating Authority Under the DPA with Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19. The new EO delegates to the Department of Agriculture (“the Department”) Defense Production Act (DPA) Title I priorities and allocation authority with