Defense Production Act
FEMA exercises the Defense Production Act (DPA) to support 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.
- 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.
- 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.
- Federal Priorities and Allocations System
