• Law
• Delegations of DPA Authority
• Federal Rules
• FEMA Guidance
• Publications
• Additional Information

Law

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

Delegations of DPA Authority

• Executive Order 12919, as amended, National Defense Industrial Resources Preparedness, June 3, 1994 (E.O. 12919).  E.O. 12919 delegates authorities and addresses national defense industrial resource policies and programs under the Defense Production Act.  The DPA authorities and responsibilities delegated to the Secretary of Homeland Security in E.O. 12919 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

• Defense Priorities and Allocations System (15 CFR 700) (DPAS). The DPAS regulation implements the portion of the DPA priorities and allocations authority delegated by E.O. 12919 to the Department of Commerce (DOC).  DPAS is used by Federal departments and agencies, foreign governments, and industry, when authorized by DOC, to ensure timely delivery of industrial resources needed by programs approved for DPAS support.

• Voluntary Agreements under Section 708 of the Defense Production Act of 1950, as Amended (44 CFR 332).  This part 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.  This manual 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.  The FEMA DPAS 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.   The FEMA DPAS 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
  • First Annual Report to Congress, April 25, 2008
  • Second Annual Report to Congress, May 15, 2009
  • Third Annual Report to Congress, July 1, 2010

Additional Information

• Defense Production Act of 1950
  • Title I - Priorities and Allocations
  • Title III - Expansion of Productive Capacity and Supply
  • Title VII - General Provisions
• Defense Priorities and Allocations System Regulations
• Voluntary Agreements Regulation
• FEMA DPAS Directive
• FEMA DPAS Manual
  • Attachment 1: Defense Priorities and Allocations System (15 CFR 700)
  • Attachment 2: DHS Approved Programs
  • Attachment 3: Request for Special Priorities Assistance
• Executive Order 12919
• Interim National Defense Executive Reserve Policies and Procedures Manual