DPA Glossary of Terms

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    1.  Antitrust Laws - The term "antitrust laws" has the meaning given to such term in subsection (a) of the first section of the Clayton Act [15 U.S.C. 12-27], except that such term includes section 5 of the Federal Trade Commission Act [15 U.S.C. 45-58 ] to the extent that such section 5 applies to unfair methods of competition.
       
    2. Plan of Action  - The term "plan of action" means any of 1 or more documented methods adopted by participants in an existing voluntary agreement to implement that agreement.
       
    3. Civilian Needs include any domestic economic activity supporting the United States population except:
      1. Military production and construction, military assistance to foreign nations, stockpiling, outer space, and directly related activities; and
      2. Energy production and construction, distribution and use, and directly related activities.

       
    4. Civil Transportation - includes movement of persons and property by all modes of transportation in interstate, intrastate, or foreign commerce within the United States, its territories and possessions, and the District of Columbia, and without limitation, related public storage and warehousing, ports, services, equipment and facilities, such as transportation carrier shop and repair facilities.  However, "civil transportation" shall not include transportation owned or controlled by the Department of Defense, use of petroleum and gas pipelines, and coal slurry pipelines used only to supply energy production facilities directly.  As applied herein, "civil transportation" shall include direction, control, and coordination of civil transportation capacity regardless of ownership.

    5. Contractor  - many prime contractor, subcontractor, or supplier in the supply chain supporting a rated order.

    6. Critical Component - The term “critical component” includes such components, subsystems, systems, and related special tooling and test equipment essential to the production, repair, maintenance, or operation of weapon systems or other items of equipment identified by the President as being essential to the execution of the national security strategy of the United States.  Components identified as critical by a National Security Assessment conducted pursuant to section 113(i) of title 10, United States Code, or by a Presidential determination as a result of a petition filed under section 232 of the Trade Expansion Act of 1962 [19 U.S.C. App. § 1862] shall be designated as critical components for purposes of this Act [50 U.S.C. App. § 2061-2171], unless the President determines that the designation is unwarranted.

    7. Critical Industry for National Security - The term "critical industry for national security" means any industry (or industry sector) identified pursuant to section 2503(6) of title 10, United States Code, and such other industries or industry sectors as may be designated by the President as essential to provide industrial resources required for the execution of the national security strategy of the United States.

    8. Critical Infrastructure - any systems and assets, whether physical or cyber-based, so vital to the United States that the degradation or destruction of such systems and assets would have a debilitating impact on national security, including, but not limited to, national economic security and national public health or safety.

    9. Critical Technology - The term “critical technology” includes any designated by the President to be essential to the national defense.
    10. Critical Technology Item - means materials directly employing, derived from, or utilizing a critical technology.

    11. Defense Contractor - The term "defense contractor" means any person who enters into a contract with the United States -
      1.  to furnish materials, industrial resources, or a critical technology for the national defense; or
      2.  to perform services for the national defense.


    12.  Domestic Defense Industrial Base - means domestic sources which are providing, or which would be reasonably expected to provide, materials or services to meet national defense requirements during peacetime, graduated mobilization, national emergency, or war.

    13.  Domestic Source - means a business concern -

      ii. that performs in the United States or Canada substantially all of the research and development, engineering, manufacturing, and production activities required of such business concern under a contract with the United States relating to a critical component or a critical technology item; and

      iii. that procures from business concerns described in subparagraph (A) substantially all of any components and assemblies required under a contract with the United States relating to a critical component or critical technology item.

    14.  DHS Approved Program - a  program involving civilian needs determined, in accordance with subsection 202(c) of E.O. 12919, to be necessary or appropriate to promote the national defense. 

    15. DPAS Officer- is a FEMA employee, who has completed required training in DPAS policy and procedures and has been appointed to address DPAS issues.  The functions of a DPAS Officer may be performed as collateral duties.

    16. Emergency Preparedness - all those activities and measures designed or undertaken to prepare for or minimize the effects of a hazard upon the civilian population, to deal with the immediate emergency conditions which would be created by the hazard, and to effectuate emergency repairs to, or the emergency restoration of, vital utilities and facilities destroyed or damaged by the hazard.  Such term includes the following:
      1.  Measures to be undertaken in preparation for anticipated hazards (including the establishment of appropriate organizations, operational plans, and supporting agreements, the recruitment and training of personnel, the conduct of research, the procurement and stockpiling of necessary materials and supplies, the provision of suitable warning systems, the construction or preparation of shelters, shelter areas, and control centers, and, when appropriate, the non-military evacuation of civil population).
         
      2.  Measures to be undertaken during a hazard (including the enforcement of passive defense regulations prescribed by duly established military or civil authorities, the evacuation of personnel to shelter areas, the control of traffic and panic, and the control and use of lighting and civil communications).
         
      3.  Measures to be undertaken following a hazard (including activities for fire fighting, rescue, emergency medical, health and sanitation services, monitoring for specific dangers of special weapons, unexploded bomb reconnaissance, essential debris clearance, emergency welfare measures, and immediately essential emergency repair or restoration of damaged vital facilities).


    17. Energy - means all forms of energy including petroleum, gas (both natural and manufactured), electricity, solid fuels (including all forms of coal, coke, coal chemicals, coal liquification [liquefaction], and coal gasification), and atomic energy, and the production, conservation, use, control, and distribution (including pipelines) of all of these forms of energy.

    18. Farm Equipment - means equipment, machinery, and repair parts manufactured for use on farms in connection with the production or preparation for market use of food resources.

    19. Facilities - includes all types of buildings, structures, or other improvements to real property (but excluding farms, churches or other places of worship, and private dwelling houses), and services relating to the use of any such building, structure, or other improvement.

    20. Fertilizer - means any product or combination of products that contain one or more of the elements---nitrogen, phosphorus, and potassium---for use as a plant nutrient.

    21. Food Resources - means all commodities and products, simple, mixed, or compound, or complements to such commodities or products, that are capable of being ingested by either human beings or animals, irrespective of other uses to which such commodities or products may be put, at all stages of processing from the raw commodity to the products thereof in vendible form for human or animal consumption.  "Food resources' also means all starched, sugars, vegetable and animal or marine facts and oils, cotton, tobacco, wool mohair, hemp, flax fiber, and naval stores, but does not mean any such material after it loses its identity as an agricultural commodity or agricultural product.

    22. Food Resource Facilities - means plants, machinery, vehicles (including on-farm), and other facilities required for the production, processing, distribution, and storage (including cold storage) of food resources, livestock and poultry feed and seed, and for the domestic distribution of farm equipment and fertilizer (excluding transportation thereof).

    23. Foreign Source - means a business entity other than a "domestic source".

    24. Functions - include powers, duties, authority, responsibilities, and discretion.

    25. Health Resources - means materials, facilities, health supplies, and equipment inlcuding pharmaceutical, blood collecting and dispensing supplies, biological, surgical textiles, and emergency surgical instruments and supplies) required to prevent the impairment of, improve, or restore the physical and mental health conditions of the population.

    26. Hazard - an emergency or disaster resulting from a natural disaster or an accidental or man-caused event.

    27. Homeland Security - The term 'homeland security' includes efforts —
      1. to prevent terrorist attacks within the United States;
      2. to reduce the vulnerability of the United States to terrorism; to minimize damage from a terrorist attack in the United States; and
      3. to recover from a terrorist attack in the United States.


    28. Industrial Resources - includes all materials (including construction materials), services, and facilities, except the following: (1) food resources, food resource facilities, and the domestic distribution of farm equipment and commercial fertilizer; (2) all forms of energy; (3) health resources; (4) all forms of civil transportation; and (5) water resources.

    29. Materials - includes  (1) any raw materials (including minerals, metals, and advanced processed materials), commodities, articles, components (including critical components), products, and items of supply; and (2) any technical information or services ancillary to the use of any such materials, commodities, articles, components, products, or items.

    30. Metals and Minerals - means all raw materials of mineral origin (excluding energy) including their refining, smelting, or processing, but excluding their fabrication.

    31. National Defense - The term "national defense" means programs for military and energy production or construction, military or critical infrastructure assistance to any foreign nation, homeland security, stockpiling, space, and any directly related activity. Such term includes emergency preparedness activities conducted pursuant to title VI of The Robert T. Stafford Disaster Relief and Emergency Assistance Act [42 U.S.C. § 5195 et seq.] and critical infrastructure protection and restoration.

    32. Natural Disaster - any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, or other catastrophe in any part of the United States which causes, or which may cause, substantial damage or injury to civilian property or persons.

    33. Person - includes an individual, corporation, partnership, association, or any other organized group of persons, or legal successor or representative thereof, or any State or local government or agency thereof.

    34. Program Official - a FEMA employee who is authorized to direct placement of contracts and orders in support of FEMA programs.

    35. Rated Order - a contract or order containing a priority rating, in accordance with the DPAS.

    36. Services - The term "services" includes any effort that is needed for or incidental to –
      1.  the development, production, processing, distribution, delivery, or use of an industrial resource or a critical technology item;
      2. the construction of facilities;
      3. the movement of individuals and property by all modes of civil transportation; or
      4. other national defense programs and activities.


    37. Title VI of the Stafford Act - The purpose of this title is to provide a system of emergency preparedness for the protection of life and property in the United States from hazards and to vest responsibility for emergency preparedness jointly in the Federal Government and the States and their political subdivisions. This title states that the Federal Government shall provide necessary direction, coordination, and guidance, and shall provide necessary assistance, as authorized in this title so that a comprehensive emergency preparedness system exists for all hazards.

    38. Voluntary Agreement - an association entered into freely by two or more representatives of industry, business, financing, agriculture, labor, or other private interests to engage in specified activities in support of the national defense that could constitute violations of antitrust laws under normal circumstances.  Participants in a voluntary agreement are granted relief from antitrust laws under the provisions of DPA Section 708.

    39. Water Resources - means all usable water, from all sources, within the jurisdiction of the United States, which can be managed, controlled, and allocated to meet emergency requirements.
       
    Last Updated: 
    06/06/2012 - 13:31
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