Defense Production Act Guidance and Publications

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Law

Defense Production Act of 1950, as amended (50 U.S.C. App. § 2061 et seq.)

 

Delegations of DPA Authority

Executive Order 13603, Executive Order (EO) on National Defense Resources Preparedness, replaces EO 12919 and delegates authorities for national defense resources, policies, and programs under the Defense Production Act (DPA), as amended.  The new EO was signed by the President on March 16, 2012. The DPA authorities and responsibilities delegated to the Secretary of Homeland Security in E.O. 13603 are re-delegated to the Administrator of FEMA in DHS Delegation Number 9001.

Defense Priorities and Allocations System (DPAS) Delegation 4, Department of Commerce Delegation of Authority to the Secretary of Homeland Security, March 26, 2006 (DPAS Delegation 4).  DPAS Delegation 4 authorizes the Secretary of Homeland Security to place DPAS priority ratings on contracts and orders in support of (1) Department of Homeland Security programs and (2) state, local, and tribal government programs determined by the Secretary to be necessary or appropriate to promote the national defense.  The Secretary's DPAS authority has been re-delegated to the Administrator of FEMA and, in turn, to the Director of FEMA's Office of Policy and Program Analysis.

 

Federal Rules

Federal Priorities and Allocations System (FPAS) is the system of priorities and allocations regulations issued by the Federal agencies that are delegated priorities and allocations under section 201 of E.O. 13603.  These regulations establish the same basic standards and procedures for priorities and allocations and, together, constitute a consistent and unified Federal priorities and allocations system.  These regulations include:

  • Defense Priorities and Allocations System (DPAS) regulation (15 CFR Part 700) implements the portion of the DPA priorities and allocations authority delegated by E.O. 13603 to the Department of Commerce (DOC).  DPAS is used by Federal departments and agencies, State and local governments, foreign governments, and industry, when authorized by DOC, to ensure timely delivery of resources needed by programs approved for DPAS support.  The DPAS regulation applies to all materials, services, and facilities, except food resources, food resource facilities, livestock resources, veterinary resources, plant health resources, and the domestic distribution of farm equipment and commercial fertilizer; all forms of energy; health resources; all forms of civil transportation; and water resources.
  • Energy Priorities and Allocations System (EPAS) regulation (10 CFR Part 217) implements the portion of the DPA priorities and allocations authority delegated by E.O. 13603 to the Department of Energy (DOE).  EPAS is used by Federal departments and agencies, State and local governments, foreign governments, and industry, when authorized by DOE, to ensure timely delivery of energy resources needed by programs approved for EPAS support.
  • Transportation Priorities and Allocations System (TPAS) regulation (49 CFR Part 33) implements the portion of the DPA priorities and allocations authority delegated by E.O. 13603 to the Department of Transportation (DOT).  TPAS is used by Federal departments and agencies, State and local governments, foreign governments, and industry, when authorized by DOT, to ensure timely delivery of civil transportation services needed by programs approved for TPAS support.
  • Regulations providing standards and procedures for use of priorities and allocations authority with respect to food resources, food resource facilities, livestock resources, veterinary resources, plant health resources, and the domestic distribution of farm equipment and commercial fertilizer, and health resources are still in development by the Departments of Agriculture (USDA) and Health and Human Services (HHS), respectively.  "Food resources" also includes potable water packaged in commercially marketable containers.
  • Voluntary Agreements under Section 708 of the Defense Production Act of 1950, as Amended (44 CFR 332) establishes procedures for establishing voluntary agreements of private sector representatives to support emergency preparedness and response activities.

 

FEMA Guidance

Interim Guidance for the National Defense Executive Reserve (NDER) Program explains basic policies for the NDER and prescribes standards and procedures for administration of the program by FEMA and other Federal agencies.

FEMA Defense Priorities and Allocations System Directive establishes policy and assigns responsibilities for use of DPAS in support of Federal Emergency Management Agency (FEMA) programs.

FEMA Defense Priorities and Allocations System Manual prescribes procedures to be followed by all FEMA personnel with responsibilities involving use of priority ratings under DPAS in support of FEMA and State, local, and tribal government programs.

 

Publications

Use of the Defense Production Act to Reduce Interruptions in Critical Infrastructure and Key Resource Operations During Emergencies

The Defense Production Act Committee Report to Congress

  • August 2011
  • March 31, 2013
Last Updated: 
07/24/2014 - 16:00
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