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Defense Production Act Program

The Defense Production Act (DPA) Program Division supports the DPA authority and functions of the FEMA Administrator and the FEMA Associate Administrator for the Office of Policy and Program Analysis (OPPA).  The support focuses on promoting effective use of DPA authorities by FEMA and other DHS components and providing coordination and guidance for the DPA plans and programs of federal departments and agencies.

Use of DPA Authorities to Support Homeland Security Programs

The Defense Production Act is the primary source of presidential authorities to expedite and expand the supply of materials and services from the U.S. industrial base needed to promote the national defense. DPA authorities are available to support: emergency preparedness activities conducted pursuant to title VI of the Stafford Act; protection or restoration of critical infrastructure; and efforts to prevent, reduce vulnerability to, minimize damage from, and recover from acts of terrorism within the United States.  DPA authorities may be used to:

  • Require acceptance and preferential performance of contracts and orders under DPA Title I.  (See Federal Priorities and Allocations System (FPAS).)
  • Provide financial incentives and assistance (under DPA Title III) for U.S. industry to expand productive capacity and supply needed for national defense purposes;
  • Provide antitrust protection (through DPA voluntary agreements in DPA Title VII) for businesses to cooperate in planning and operations for national defense purposes, including homeland security.

Information about other DPA authorities in DPA Title VII.

Information for DHS Programs about Priority-Rated Orders

This link provides an overview of the process to place a priority-rated contract or order (“rated orders”) in support of a DHS Approved Program. It answers such questions as: who is responsible for directing use of a rated order; what contracts and orders are eligible for a priority rating; how is a Contracting Officer directed to place a rated order; and how does a contract or order become a rated order?

Information for Contractors about Priority-Rated Orders

See this link for questions and answers regarding priority-rated contracts and orders (“rated orders”), under the Defense Production Act.  Answers explain what a rated order is, what is required of a contractor to accept and fulfill a rated order, and how issues involving rated orders are handled.

DPA guidance and publications

  • Law – Defense Production Act of 1950, as Amended.
  • Delegations of DPA Authority –
    • Executive Order (E.O.) 13603, National Defense Resources Preparedness, January 3, 2016, delegates authorities and addresses national defense resource policies and programs under the DPA.  The DPA authorities and functions delegated to the Secretary of Homeland Security in E.O. 13603 are re-delegated to the Administrator of FEMA in DHS Delegation Number 09052, January 3, 2017.
    • Defense Priorities and Allocations System (DPAS) Delegation 4, March 8, 2016, authorizes the Secretary of Homeland Security to place DPAS priority-rated contracts and orders (“rated orders”) in support of (1) DHS programs and (2) state, local, tribal, and territorial government emergency preparedness activities.  The Secretary's DPAS authority is re-delegated to the Administrator of FEMA, who, in turn, has re-delegated authority to place DPAS rated orders in the following documents:
      • DHS Delegation Number 09053, January 4, 2016, to: Commissioner, U.S. Customs and Border Protection; Assistant Secretary, U.S. Immigration and Customs Enforcement; Administrator, Transportation Security Administration; Director, U.S. Secret Service; Director, Federal Law Enforcement Training Center; and Under Secretary for Management;
      • Delegation of Authority Regarding the Defense Priorities and Allocations System, to the Commandant, U.S. Coast Guard, January 18, 2017;
      • Delegation of Authority Regarding the Defense Priorities and Allocations System to the Commanding General of the United States Army Corps of Engineers, December 2, 2015; and
      • Delegation of Authority: Defense Priorities and Allocations System, to FEMA personnel, August 7, 2014.
    • Agriculture Priorities and Allocations System (APAS) Delegation 2, February 22, 2016, authorizes the Secretary of Homeland Security to place APAS rated orders for food resources.  The Secretary's APAS authority is re-delegated to the Administrator of FEMA, who, in turn, has re-delegated authority to various FEMA personnel to place APAS rated orders.
  • DPA Regulations –
    • The Federal Priorities and Allocations System (FPAS) is the system of priorities and allocations regulations issued by federal departments that are delegated priorities and allocations under section 201 of E.O. 13603.  These regulations all incorporate the same basic standards and procedures for use of the DPA priorities and allocations authorities.
    • FEMA’s voluntary agreements regulation provides procedures for establishing and carrying out voluntary agreements under Section 708 of the DPA.  A “voluntary agreement” is an association of industry, business, financing, agriculture, labor, or other private interests to help provide for the national defense, including emergency preparedness and response activities.  Participants in a voluntary agreement are granted relief from antitrust laws under the provisions of Section 708 of the DPA.
  • DHS DPA Guidance –
    • Federal Priorities and Allocations System
      • DHS Approved Programs – Section 202 of E.O. 13603 provides that the priorities and allocations authorities “may be used only to support programs that have been determined in writing as necessary or appropriate to promote the national defense.”  Responsibility for making this determination for homeland security programs has been delegated to the Associate Administrator for the Office of Policy and Program Analysis (OPPA) in FEMA.  The following programs for which OPPA has made this determination are referred to as “DHS Approved Program”:
        • Programs involving emergency preparedness activities conducted pursuant to title VI of the Stafford Act
        • Intelligence and warning systems to counter terrorism within the United States
        • Border and transportation security programs to counter terrorism within the United States
        • Programs to address chemical, biological, radiological, and nuclear threats within the United States
        • Other programs, including law enforcement, to counter terrorism within the United States
        • Programs to protect or restore critical infrastructure
        • Federal Government continuity programs and functions. 
      • DHS Guidance for Placing DPAS Rated Orders – Regulatory guidance and procedures for placing DPAS rated orders by the  at 15 CFR Part 700.  The following link provides supplemental DHS DPAS guidance for implementation of DPAS Delegation 4 authority in support of DHS Approved Programs.
      • The FEMA Directive: Federal Priorities and Allocations System, FEMA Directive #211-1, June 13, 2018 establishes policy and responsibilities for managing and using the Presidential authority provided in section 101 of the Defense Production Act.
      • 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.
  • Reports to Congress –

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Last Updated: 
09/10/2018 - 14:40