Use of the Defense Production Act to 

Reduce Interruptions in Critical Infrastructure and

Key Resource Operations During Emergencies 

April 25, 2008

 i

Table of Contents 

Executive Summary ........................... ES-1 

 

1. Introduction ........................... 1 

1.1. Purpose and Scope ........................... 1 

1.2. Background ........................... 1 

1.2.1. Protection of Critical Infrastructure and Key 

Resources (CI/KR) 

........................... 1 

1.2.2. Defense Production Act ........................... 3 

1.2.3. Defense Priorities and Allocations System ........................... 4 

1.3. Report Organization ........................... 5 

 

2. Planning for CI/KR Protection and Restoration ........................... 6 

2.1. Emergency Preparedness Planning ........................... 6 

2.2. Department of Homeland Security ........................... 7 

2.3. Department of Defense ........................... 7 

2.4. Department of Energy ........................... 8 

 

3. Priorities and Allocations ........................... 10 

3.1. Department of Agriculture ........................... 10 

3.2. Department of Commerce ........................... 11 

3.3. Department of Defense ........................... 12 

3.4. Department of Energy ........................... 14 

3.5. Department of Health and Human Services ........................... 15 

3.6. Department of Homeland Security ........................... 16 

3.7. Department of Transportation ........................... 17 

3.8. Use of Priorities and Allocations for Protection and 

Restoration of CI/KR 

........................... 18 

3.8.1. Industrial Resources ........................... 18 

3.8.2. Civil Transportation ........................... 19 

3.8.3. Energy Resources ........................... 19 

3.9. Conclusion ........................... 20 

 

Appendix A. Acronyms ........................... A 

 
 II
 III

Executive Summary 

This is a report on actions taken by the Federal Government, using the priorities and allocations 

authority provided in Section 101 of the Defense Production Act of 1950 (DPA), to ensure the 

preparedness of industry to reduce interruption of critical infrastructure and key resource 

(CI/KR) operations under emergency conditions. This report was prepared in accordance with 

Subsection 1002(b) of the Implementing Recommendations of the 9/11 Commission Act of 2007 

(Public Law 110-53). The Department of Homeland Security (DHS) developed this report in 

cooperation with the Departments of Agriculture (USDA), Commerce (DOC), Defense (DOD), 

Energy (DOE), Health and Human Services (HHS), and Transportation (DOT). This report 

represents a consensus among the interagency group.

Section 101 authorizes the President to require acceptance and priority performance of contracts 

or orders and to allocate materials, services, and facilities to promote the national defense or to 

maximize domestic energy supplies. Executive Order 12919 delegates the President’s priorities 

and allocations authorities among USDA, DOC, DOD, DOE, HHS, and DOT with respect to 

different types of resources. It provides that the priorities and allocations authorities may only be

used for programs that have been determined by DOD, DOE, and DHS to be “necessary or 

appropriate to promote the national defense.” E. O. 12919 also directs DOC to administer the 

Defense Priorities and Allocations System (DPAS), which provides guidance and procedures for 

the acceptance and preferential performance of contracts or orders for industrial resources under 

DOC’s resource jurisdiction. The DPAS system is used by other Federal departments and 

agencies, foreign governments, and industry, when authorized by DOC, to ensure timely delivery 

of industrial resources needed to support programs determined as necessary or appropriate to 

promote the national defense by DOD, DOE, or DHS. 

The DPA’s definition of “national defense” was amended in 2003 to include the term “critical 

infrastructure protection and restoration.” The DPA Declaration of Policy (50 USC App. 

2062(b)) and DPA authorities focus on DOD acquisition needs and support for major military 

conflicts overseas. However, DPA authorities, particularly Section 101 authorities, have been 

used to support critical infrastructure protection and restoration by other, non-DOD agencies. 

Examples of such use are provided in this report. DPA authorities, including the priorities and 

allocations authority, have been incorporated into the National Preparedness Guidelines, the 

National Response Framework (NRF), and the National Infrastructure Protection Plan (NIPP). 

In addition, Federal departments with authority for priorities and allocations have been updating 

their procedures to use this authority for preparedness and CI/KR-related activities. DOC, which 

administers a priorities and allocations system that is actively being used at this time, has 

updated its DPAS regulation and issued a new delegation of DPAS authority to DHS to provide 

for use of priority ratings on contracts for industrial resources in support of critical infrastructure 

protection and restoration. USDA, DOE, and DOT also have priorities and allocations systems, 

if needed. USDA is revising its system. HHS is in the process of developing a priorities and 

allocations system. 

ES-1 

 1

 1. Introduction 

1.1. Purpose and Scope 

This report represents an interagency effort required by subsection 1002(b) of the Implementing 

Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53). Subsection 

1002(b) directs the Secretary of Homeland Security to submit an annual report to Congress on 

actions taken by the Federal Government to ensure, in accordance with Subsections (a) and (c) of 

Section 101 of the Defense Production Act of 1950 (DPA) (50 U.S.C. App. 2071, et seq.), the 

preparedness of industry to reduce interruption of critical infrastructure and key resource 

(CI/KR)1

 operations during an act of terrorism, natural catastrophe, or other similar national 

emergency.2

 The report focuses on planning to protect and restore CI/KR and implementation of 

the DPA Section 101 authority for these purposes. 

This report was prepared by the Department of Homeland Security (DHS), in cooperation with 

the Departments of Agriculture (USDA), Commerce (DOC), Defense (DOD), Energy (DOE), 

Health and Human Services (HHS), and Transportation (DOT). It represents a consensus among 

the interagency group. This report is being submitted to the Senate committees on Banking, 

Housing, and Urban Affairs and Homeland Security and Governmental Affairs and the House 

committees on Financial Services and Homeland Security.

Development of this report involved: (1) interagency meetings to provide direction and 

coordination for the drafting of each department’s input; (2) drafting of each department’s input 

by personnel engaged in DPA programs and CI/KR protection activities; (3) integrating inputs 

into a single report; and (4) review and approval of the consolidated report by the departments 

whose actions are described in this report. 

1.2. Background 

1.2.1. Protection of Critical Infrastructure and Key Resources (CI/KR) 

Protection of the Nation’s critical infrastructure and key resources is one of the core missions of 

the Department of Homeland Security. Through the efforts of its Office of Infrastructure 

Protection (DHS/IP), DHS is in the forefront of ensuring industry preparedness to reduce 

interruption of CI/KR operations. DHS works with industry on a daily basis to reduce both the 

 

1

 As defined in the Homeland Security Act of 2002, key resources are “publicly or privately controlled resources 

essential to the minimal operations of the economy and government.” 

2

 Subsection 1002(b) reads as follows: “(b) Report on Industry Preparedness.--Not later than 6 months after the last 

day of fiscal year 2007 and each subsequent fiscal year, the Secretary of Homeland Security, in cooperation with the 

Secretary of Commerce, the Secretary of Transportation, the Secretary of Defense, and the Secretary of Energy, 

shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Homeland Security 

and Governmental Affairs of the Senate and the Committee on Financial Services and the Committee on Homeland 

Security of the House of Representatives a report that details the actions taken by the Federal Government to ensure, 

in accordance with Subsections (a) and (c) of Section 101 of the Defense Production Act of 1950 (50 U.S.C. App. 

2071), the preparedness of industry to reduce interruption of critical infrastructure and key resource operations 

during an act of terrorism, natural catastrophe, or other similar national emergency.” 
 2

likelihood and consequences of interruptions to CI/KR operations due to terrorism, natural 

catastrophes, or other national emergencies. 

Policies for CI/KR protection and preparedness are established through a number of statutes, 

executive orders, Presidential directives, and national strategies. Chief among these are: the 

Homeland Security Act of 2002; Homeland Security Presidential Directive (HSPD) 7 (“Critical 

Infrastructure Identification, Prioritization, and Protection”); the National Strategy for Homeland 

Security of 2007; the National Strategy for the Physical Protection of Critical Infrastructure and 

Key Assets; the National Strategy for Securing Cyberspace; and the Defense Production Act. 

HSPD-7 charges the Secretary of Homeland Security with responsibility for coordinating the 

national effort to enhance CI/KR protection. The directive also designates Sector-Specific 

Agencies (SSAs) with responsibility for coordinating planning, preparedness, and protection 

activities within each of the 17 CI/KR sectors. This approach provides the structure needed to 

address the unique characteristics and operating models of each of the sectors. The 17 CI/KR 

sectors and the SSAs are listed in Table 1-1. 

TABLE 1-1. Sector-Specific Agencies for CI/KR 

Sector-Specific Agency CI/KR Sector 

Department of Agriculture3

Department of Health and Human Services4

Agriculture and Food 

Department of Defense Defense Industrial Base 

Department of Energy5 Energy 

Department of Health and Human Services Public Health and Health Care 

Department of the Interior National Monuments and Icons 

Department of the Treasury Banking and Finance 

Environmental Protection Agency Drinking Water and Water Treatment Systems 

Department of Homeland Security 

Office of Infrastructure Protection Chemical 

Commercial Facilities 

Dams 

Emergency Services 

Nuclear Reactors, Materials, and Waste 

Office of Cyber Security and Telecommunications Information Technology 

Telecommunications 

Transportation Security Administration Postal and Shipping 

Transportation Security Administration/U.S. 

Coast Guard6

Transportation Systems7

Immigration and Customs Enforcement/Federal 

Protective Service 

Government Facilities 

 

3

 The Department of Agriculture is responsible for agriculture and food (meat, poultry, and egg products). 

4

 The Department of Health and Human Services is responsible for food other than meat, poultry, and egg products. 

5

 The Energy Sector includes the production, refining, storage, and distribution of oil, gas, and electric power, except 

for commercial nuclear power facilities. 

6

 The U.S. Coast Guard is the SSA for the maritime transportation mode. 

7

 As stated in HSPD-7, the Department of Transportation and the Department of Homeland Security collaborate on 

all matters relating to transportation security and transportation infrastructure protection. 
 3

DHS uses the overarching framework of the National Infrastructure Protection Plan (NIPP) and 

the associated Sector-Specific Plans (SSPs) to lead and coordinate the risk-based approach and 

sector partnership model used by government and private sector partners to identify, assess, and 

prioritize the implementation of risk-reduction and protective measures. 

1.2.2. Defense Production Act 

The Defense Production Act provides a number of important authorities to expedite and expand 

the supply of critical resources from the U.S. industrial base to support the national defense. 

These authorities are focused primarily on DOD acquisition needs and support for military 

conflicts overseas. Except for changes to the DPA definition of “national defense” to include 

“emergency preparedness activities” conducted pursuant to title VI of the Stafford Act and 

“critical infrastructure protection and restoration,” virtually no other changes have been made to 

DPA Declaration of Policy or authorities to address homeland security missions, including 

protection of CI/KR operations. 

The DPA Declaration of Policy speaks of maintaining the superiority of “defense equipment,” 

“continuing international problems,” “defense preparedness programs,” “industrial 

mobilization,” “actions outside the U.S.,” “military production,” “sustaining U.S. Armed 

Forces,” “mobilization requirements,” and “defense acquisition.” It does not mention 

“terrorism,” “natural catastrophes,” or “homeland security.” DPA authorities are little changed 

from the original provisions designed to support a major and prolonged mobilization to support 

major military operations overseas. 

Subsection 1002(b) of the Implementing Recommendations of the 9/11 Commission Act of 2007 

specifically refers to the authorities in DPA Subsections 101(a) and 101(c). These Subsections 

authorize the President to: (1) require acceptance and preferential performance of contracts or 

orders (other than contracts of employment) that he deems necessary or appropriate to promote 

the national defense or to maximize domestic energy supplies; and (2) allocate materials, 

services, and facilities in such manner, upon such conditions, and to such extent as he shall deem 

necessary or appropriate to promote the national defense or to maximize domestic energy 

supplies. 

The President’s priorities and allocations authorities under DPA subsection 101(a) are delegated 

to the following department heads in subsection 201(a) of E.O. 12919 (National Defense 

Industrial Resources Preparedness): 

(1) The Secretary of Agriculture with respect to food resources, food resource facilities, and the 

domestic distribution of farm equipment and commercial fertilizer; 

(2) The Secretary of Energy with respect to all forms of energy; 

 

(3) The Secretary of Health and Human Services with respect to health resources; 

(4) The Secretary of Transportation with respect to all forms of civil transportation; 

(5) The Secretary of Defense with respect to water resources; and 
 4

(6) The Secretary of Commerce for all other materials, services, and facilities, including 

construction materials. 

Section 202 of E.O. 12919 provides that section 201(a) authority may be used only to support 

programs that have been determined in writing as necessary or appropriate to promote the 

national defense by: 

(1) DOD with respect to military production and construction, military assistance to foreign 

nations, stockpiling, outer space, and directly related activities; 

(2) DOE with respect to energy production and construction, distribution and use, and directly 

related activities; and 

(3) DHS with respect to essential civilian needs supporting national defense, including civil 

defense and continuity of government and directly related activities. 

In general, proposed uses of DPA Section 101 authority for protection and restoration of most 

types of critical infrastructure must first be determined by DHS to be “necessary or appropriate 

to promote the national defense,” although DOD or DOE could approve defense or energyrelated uses, as appropriate. 

1.2.3. Defense Priorities and Allocations System 

DPA authority to issue priority ratings to support the timely delivery of industrial resources is 

implemented through the DPAS regulation (15 CFR part 700). This regulation is administered 

by DOC, in consultation with the heads of the departments and agencies specified in Subsection 

201(a) of E.O. 12919, and is used, as authorized by DOC, by other Federal departments and 

agencies, and industry to support programs necessary or appropriate to promote the national 

defense, including critical infrastructure protection and restoration. The key elements of the 

DPAS regulation are mandatory acceptance of rated orders, preferential scheduling, and 

extension of priority ratings. 

DOC has delegated specific priority rating authority with respect to industrial resources to DOD, 

DOE, the General Services Administration (GSA), and DHS. DOD implements its priority 

rating authority as a standard clause in most of its contracts and orders for industrial resources. 

Use of the priority rating authority by the other three agencies is limited. DOE and GSA use 

their authority, primarily, in support of DOD-approved programs. DHS uses its authority in 

support of emergency preparedness and critical infrastructure protection and restoration 

activities. 

The DPAS cannot be used to prioritize food, energy, health, water, and civil transportation 

resources. However, DOC could authorize use of the DPAS, if approved by DOD, DOE, or 

DHS, to expedite the delivery of industrial resources under its jurisdiction, if needed to support 

USDA, DOE, HHS, DOD, or DOT. 
 5

1.3. Report Organization 

The rest of this report is organized into two chapters. Chapter 2 provides a brief description of 

several major emergency preparedness planning efforts, both Government-wide and within 

several Federal departments, to address critical infrastructure protection and restoration. Chapter 

3 summarizes Federal actions to implement the DPA priorities and allocations authority in 

support of CI/KR operations. 
 6

2. Planning for CI/KR Protection and Restoration 

This chapter highlights a number of key elements of emergency preparedness planning efforts, 

both Government-wide and within several Federal departments, to address CI/KR protection and 

restoration. 

2.1. Emergency Preparedness Planning 

DHS is responsible for coordinating most interagency emergency preparedness planning efforts 

and CI/KR protection programs, including the National Preparedness Guidelines, the National 

Response Framework (NRF), and the NIPP. All of these planning documents address reducing 

interruptions of CI/KR operations under emergency conditions. 

The National Planning Scenarios are among the key elements of the National Preparedness 

Guidelines8

. The scenarios form the basis for coordinated Federal planning, training, exercises, 

and grant investments needed to prepare for emergencies of all types. The strategic plans for 

these scenarios are currently being revised and updated. Each of the updated plans mentions 

DPA authorities in the base plan and addresses these authorities, including the Section 101 

authorities, in more detail in the “Administration and Resources” section. Drafts of the strategic 

plans for five of the scenarios have been completed (as of December 2007). 

The NRF9

 provides a guide to all-hazards incident response. The Framework commits the 

Federal Government to complete both strategic and operational plans for the 15 National 

Planning Scenarios. The Critical Infrastructure and Key Resource Support Annex to the 

Framework highlights the importance of the DPA in providing specific authority to expedite 

deliveries and strengthen production capabilities for CI/KR protection and restoration activities. 

Homeland Security Presidential Directive (HSPD) 7 is implemented through the NIPP10. The 

NIPP describes the risk management framework used by DHS and other Federal agencies to 

identify, assess, and prioritize risks to CI/KR. It also describes the sector partnership model that 

enables these government agencies to work effectively with the private sector to manage CI/KR 

risks. The NIPP partnership framework allows DHS to provide national leadership and crosssector oversight, while the Federal Sector-Specific Agencies manage specific CI/KR protection 

activities in their sectors. Using this framework, DHS, the SSAs, and other government and 

private sector partners are implementing consistent processes to: 

 

8

 See http://www.dhs.gov/xprepresp/publications/gc_1189788256647.shtm. 

9

 See http://www.fema.gov/emergency/nrf/mainindex.htm. 

10 See http://www.dhs.gov/xprevprot/programs/editorial_0827.shtm. 
 7

• Improve CI/KR preparedness and protective measures;

• Develop and reinforce plans through training and exercises; 

• Implement DPA authorities in support of CI/KR protection and restoration activities; and 

• Strengthen capabilities to develop and share threat, protective measure, and other relevant 

information and analyses. 

2.2. Department of Homeland Security 

The Office of Infrastructure Protection (DHS/IP) provides leadership and coordination for the 

national effort to reduce the risk to the Nation’s CI/KR posed by acts of terrorism and to 

strengthen national preparedness, timely response, and rapid recovery in the event of an attack, 

natural disaster, or other emergency. DHS/IP utilizes various authorities to implement its 

mission and to foster private sector preparedness. The Defense Production Act offers important 

authorities in support of the protection and preparedness missions. DHS/IP has taken aggressive 

measures to understand and incorporate DPA provisions in CI/KR planning efforts, as well as in 

its training and exercises. 

DHS/IP, in collaboration with private sector and government security partners, has taken 

preparatory actions to support use of DPA authorities to reduce interruptions in CI/KR 

operations. These actions include: 

• Working with the Federal Emergency Management Agency (DHS/FEMA) to develop and 

institute procedures to enable use of the DPA authorities, when needed and appropriate, to 

reduce interruptions of CI/KR operations; 

• Incorporating the DPA as a key authority described in the NIPP, the Sector Specific Plans 

(SSPs), and the CI/KR Support Annex to the NRF; 

• Developing a process to coordinate and address requests for assistance from private sector 

CI/KR owners and operators that recognizes the use of the DPA as a potential tool to address 

incident-related disruptions; and 

• Conducting workshops, technical assistance sessions, and briefings with the Partnership for 

Critical Infrastructure Security, Sector Coordinating Councils, and other private sector 

partners to raise awareness of the process for requesting assistance and the applicability of 

the DPA. 

2.3. Department of Defense 

HSPD-7 assigns two broad responsibilities to DOD associated with limiting and managing risks 

to CI/KR operations. DOD is designated as the Sector-Specific Agency for the Defense 

Industrial Base (DIB), and the United States Army Corps of Engineers (USACE) plays a 

significant role in the Water and Dams sectors under the Sector-Specific Agency lead of the 
 8

Environmental Protection Agency (EPA) and Department of Homeland Security (DHS), 

respectively. USACE is also the lead for Emergency Support Function #3 (Public Works and 

Engineering) under the National Response Framework (NRF). DOD does not normally employ 

DPA authorities in its Critical Infrastructure Protection Program. However, if a defense 

contractor is faced with supply constraints when attempting to improve physical security or to 

rebuild after an incident, DOD may authorize the contractor, in accordance with DOC’s DPAS 

Delegation to DOD, to place priority rated contracts and orders to ensure timely delivery of 

needed industrial resources. 

DOD has developed the DIB Sector Assurance Plan and DIB SSP. The DIB Sector Assurance 

Plan outlines an approach that focuses on steps to identify a list of critical assets that, if damaged

or destroyed, will result in unacceptable consequences. It also sets forth the process used to 

prioritize those critical assets based on a risk assessment process; perform vulnerability 

assessments on high-priority critical assets; and encourage industry actions to remediate or 

mitigate adverse effects found during these assessments. The DIB SSP outlines DOD's approach 

to executing its sector-specific responsibilities, follows guidance established by DHS, and 

complements other DOD critical infrastructure policy. 

The USACE has established the Critical Infrastructure Security Program (CISP) to address the 

security needs under potential terrorist threat scenarios of all the USACE infrastructures, 

including administration buildings and laboratory facilities. USACE and DHS/FEMA 

representatives have met to discuss potential use of DPA authorities in support of USACE 

programs. 

2.4. Department of Energy 

DOE is the lead Federal agency for energy resources. In coordination with DHS, DOE is tasked 

with the responsibility of protecting U.S. energy infrastructure, establishing policies and 

procedures regarding preparedness for, and prevention of, interruptions in U.S. energy supplies 

caused by natural and man-caused disasters, and promoting effective response and recovery 

actions to mitigate disruptions and shortfalls of energy supplies caused by such disasters. 

Within DOE, the Office of Electricity Delivery and Energy Reliability (OE) is responsible for 

protecting CI/KR in the energy sector. OE’s role includes responding to, and preparing for, 

energy emergencies resulting from all hazards. OE has lead responsibilities for Emergency 

Support Function (ESF) #12 (Energy) of the NRF.11 The purpose of ESF #12, when activated by 

DHS, is to facilitate the restoration of damaged energy systems and components for incidents 

requiring a coordinated Federal response. 

Within OE, the Infrastructure Security and Energy Restoration Division (ISER) leads the Federal 

government's effort to ensure a robust, secure, and reliable energy infrastructure. This division 

supports HSPDs 7 and 8, which require DOE to protect critical energy assets and assist state and 

 

11 According to the NRF, Emergency Support Functions (ESFs) “provide the structure for coordinating Federal 

interagency support for a Federal response to an incident. They are mechanisms for grouping functions most 

frequently used to provide Federal support to States and Federal-to-Federal support, both for declared disasters and 

emergencies under the Stafford Act and for non-Stafford Act incidents.” 
 9

local governments to prepare for, and respond to, disruptions in energy supplies. ISER's 

programs improve the ability of energy sector stakeholders to prevent, prepare for, and respond 

to threats, hazards, and supply disruptions. In recent years, ISER has responded to Hurricanes 

Isabel, Charley, Frances, Ivan, Jeanne, Dennis, and Katrina, and the August 2003 Northeast U.S. 

blackout. It has also trained state legislators and first responders, analyzed natural gas 

disruptions, and helped develop the NRF. 
 10

3. Priorities and Allocations 

Federal departments, both individually and collectively, have taken a number of actions to 

implement DPA Section 101 authorities in support of CI/KR protection and restoration in recent 

years. Beginning in 2003, shortly after the DPA definition of “national defense” was amended to 

include “critical infrastructure protection and restoration,” and continuing to the present, 

representatives of the Federal departments with delegated DPA authorities and responsibilities 

have met periodically to review DPA delegations and guidance with regard to CI/KR protection 

and restoration. DPA authorities, including the priorities and allocations authority, have been 

incorporated into Federal emergency preparedness plans. 

Currently, DOC administers the only priorities and allocations system (the DPAS) that is actively 

being used to support approved national defense programs, including critical infrastructure 

protection and restoration. USDA, DOE, and DOT have priorities and allocations systems, if 

needed. USDA is revising its system. HHS is currently developing a priorities and allocations 

system. DHS is in the process of establishing more comprehensive policies and procedures to 

fully implement its priorities and allocations authorities. This chapter describes recent and 

ongoing actions in all of these areas. 

3.1. Department of Agriculture 

USDA is delegated DPA Section 101 authority with respect to food resources, food resource 

facilities, and the domestic distribution of farm equipment and commercial fertilizer. These 

resources are outside the jurisdiction of the DPAS regulation. 

The DPA, the Stafford Act, E.O. 12656 (Assignment of Emergency Preparedness 

Responsibilities), and E.O. 12919 authorize the Secretary of Agriculture to establish plans to 

provide for the continuation of agricultural production, food processing, storage, and distribution 

through the wholesale level and to place priorities on contracts for continuation of agricultural 

production during times of national emergency. USDA previously had established six Defense 

Food Orders (DFOs) for publication in the Code of Emergency Federal Regulations (CEFR). 

However, these DFOs are outdated and no longer fulfill emergency response and recovery 

requirements. 

To address this issue and to support national defense programs, including domestic emergency 

preparedness and CI/KR protection and restoration, and also to fulfill the requirements of E.O. 

12919, USDA is in the process of developing plans and regulations to establish and implement 

an Agriculture Priorities and Allocation System (APAS) pursuant to its DPA Section 101 

authority. The APAS will support continuation of agricultural production by ensuring that 

agricultural producers, processors, distributors, and wholesalers receive preferential scheduling 

for items and processes necessary to maintain their agricultural operations during times of a 

declared national emergency. 

Under an APAS, USDA would issue priority orders to private sector processors, distributors, and 

wholesalers as a means to redirect agricultural commodities to areas of hardship. By assigning 

priority rated orders, the Secretary of Agriculture would direct a supplier to fill orders in the 
 11

priority in which they are rated. Rated orders would take precedence over nonrated orders 

normally supplied by an individual or business. The purpose of this system would be to assist 

the free market in meeting USDA’s needs in response to an emergency. The Secretary of 

Agriculture has assigned USDA’s Farm Service Agency responsibility for preparing and 

implementing priorities and allocation requirements and for handling food claims received 

pursuant to DPA provisions. 

Regulations for establishing and implementing the APAS are proceeding, and an interim rule is 

expected to be available for publication in the Federal Register in Calendar Year 2008. The 

APAS is being modeled on the DPAS regulation. 

USDA has a memorandum of understanding in place with DOC separating duties and 

assignments for priorities and allocations in areas in which authorities may overlap. USDA also 

will cooperate with the DOE to develop an understanding for governing biofuels commodities 

during times of a declared emergency. 

3.2. Department of Commerce 

DOC is delegated authority, through E.O. 12919, to implement the DPA priorities and 

allocations provisions for industrial resources.12 The Bureau of Industry and Security 

(DOC/BIS) administers this authority through the DPAS regulation. The purpose of the DPAS is 

to ensure the timely availability of industrial resources to meet current national defense and 

emergency preparedness program requirements and to provide an operating system to support 

rapid industrial response in a national emergency. 

DOC/BIS has delegated authority to DOD, DOE, DHS, and the GSA, to place, in accordance 

with the DPAS regulation and under the authority of the Defense Production Act and E.O. 

12919, priority ratings on contracts or orders for industrial resources to support programs 

determined by DOD, DOE, or DHS as “necessary or appropriate to promote the national 

defense.” DOC/BIS may also authorize other government agencies, foreign governments, 

owners and operators of critical infrastructure, or companies to place priority ratings on contracts 

or orders for industrial resources on a case-by-case basis. Such requests must first be determined 

as “necessary or appropriate to promote the national defense” by DOD, DOE, or DHS. 

All companies in the United States must comply with the provisions of the DPAS regulation. 

DOC/BIS has updated the DPAS regulation to reflect the December 2003 reauthorization of the 

Defense Production Act (Public Law 108-195). In July 2006, DOC/BIS revised the DPAS 

regulation to note that the definition of “national defense” was amended in the December 2003 

reauthorization to include “critical infrastructure protection and restoration.” DOC/BIS also 

revised the list published in Schedule I to the DPAS regulation of the programs approved for 

priorities and allocations support by adding the June 2006 list of approved Homeland Security 

programs (71 FR 39527, July 13, 2006). 

 

12 For the purposes of DPAS, “industrial resources” includes all materials, services, and facilities, including 

construction materials, the authority for which has not been delegated to other agencies under Executive Order 

12919 (e.g., food resources, food resource facilities, and the domestic distribution of farm equipment and 

commercial fertilizer; all forms of energy; health resources; all forms of civil transportation; and water resources). 
 12

DOC/BIS has taken action through the DPAS to support the protection, restoration, and recovery 

efforts of owner/operators of critical infrastructure. In September 2005, DOC/BIS authorized an 

owner/operator of critical infrastructure to place a priority rating on its orders to expedite the 

delivery of power generators and transfer switches needed to restore railroad operations in the 

New Orleans area after Hurricane Katrina. The company’s request for authority to place a 

priority rating, in accordance with the DPAS regulation, on its order to facilitate repairs was 

endorsed by DHS/FEMA before DOC/BIS authorized the company to use the DPAS. 

In July 2006, DOC/BIS authorized a company to place a priority rating on its contract in support 

of a critical infrastructure protection program. The company’s request for authority to place a 

priority rating on its order to expedite the delivery of certain perimeter security surveillance 

equipment being deployed at a major airport and seaport terminal was endorsed by DHS/FEMA 

before DOC/BIS authorized the company to use the DPAS. 

DOC/BIS has also authorized other Federal agencies, on a case-by-case basis, to place priority 

ratings on orders to expedite the delivery of industrial resources needed to enhance the protection 

of government facilities, a critical infrastructure sector. In addition, DOC’s DPAS delegation to 

DOD provides that DOD may authorize persons to place rated orders for delivery of production 

or construction equipment required to support DOD approved programs and projects, when the 

equipment is necessary for the timely performance or completion of rated contracts or orders 

when timely delivery of the equipment cannot be obtained otherwise. DOD has authorized 

companies in the defense industrial base, a critical infrastructure sector, to place priority ratings 

on orders to expedite the delivery of industrial resources, including to support recovery from 

industrial accidents that have adversely impacted production capabilities. 

DOC/BIS also actively participates in the national preparedness exercise program. 

3.3. Department of Defense 

DOD assigns responsibilities and establishes procedures for DOD’s implementation of its DPA 

Section 101(a) authority in a directive and a manual. Priority ratings are authorized for contracts 

and orders that support programs, involving military production and construction, military 

assistance to foreign nations, stockpiling, outer space, and directly related activities, determined 

by the Under Secretary of Defense for Acquisition, Technology, and Logistics (acting pursuant 

to a delegation from the Secretary of Defense) as necessary or appropriate to promote the 

national defense. 

DPAS Delegation 1 from DOC authorizes DOD to: (1) apply priority ratings to contracts and 

orders for industrial resources supporting approved national defense programs; and (2) request 

DOC to provide assistance to address problems that may arise in the execution of the DPAS, 

such as assisting in obtaining timely deliveries of items needed to satisfy rated orders or 

authorizing the use of priority ratings on contracts and orders to obtain items not automatically 

ratable under the regulation. DPAS Delegation 1 prohibits the rating of orders for materials and 

services that are commonly available in commercial markets for general consumption, do not 

require major modifications when purchased for approved program use, and are readily available 

in sufficient quantity so as to cause no delay in meeting approved program requirements. The 
 13

Delegation also prohibits the rating of contracts and orders for any items to be used primarily for 

administrative purposes, such as personnel or financial management. 

DPAS Delegation 1 authority has been re-delegated by the Secretary of Defense to the heads of 

subordinate organizations in DOD Directive 4400.1, "Defense Production Act Programs." 

Recipients of this delegated authority have, in turn, re-delegated it within each DOD component 

down to the program level. DOD-wide guidance and procedures have been issued by the Under 

Secretary of Defense for Acquisition, Technology, and Logistics in DOD 4400.1-M, 

"Department of Defense Priorities and Allocations Manual," and have been supplemented, in 

several cases, by additional procedures issued by subordinate organizations. DOD 4400.1-M 

defines DPAS functions and responsibilities within DOD. 

Except when prohibited by provisions of the DPAS regulation and DPAS Delegation 1, all DOD 

contracts and orders (including construction contracts and Foreign Military Sales contracts) are 

rated under the DPAS. DOD uses two levels of rating priority, identified by the rating symbols 

“DO” or “DX”. All “DO” rated procurements have equal priority with each other and take 

precedence over unrated contracts and orders. All “DX” rated procurements have equal priority 

with each other and take precedence over “DO” rated and unrated contracts and orders. Only the 

Secretary and Deputy Secretary of Defense can authorize DOD programs to use a “DX” rating. 

When DOD issues a priority rated contract or order for industrial resources to a contractor, the 

contractor is required to accept the order (except under certain circumstances specified in the 

DPAS regulation), schedule production and shipment to meet the specified delivery date(s), and 

issue rated orders to subcontractors for materials and services needed to complete the rated 

contract or order. The subcontractors, in turn, must include the priority rating in contracts and 

orders for components, parts, materials, and services down through the supply chain. The 

priority rating notifies contractors, suppliers, and their vendor base that they must give rated 

contracts and orders priority treatment over unrated business, when priority treatment is needed 

to meet the delivery dates of the rated contracts and orders.

 

DOD utilizes the DPA provisions to protect critical industrial infrastructure and continues to 

assess its utility for future needs. 

• In June 2006, DOD authorized a company to place a priority rating on contracts to obtain 

items and associated services necessary to repair a large industrial motor needed to power its 

armor plate operations to meet urgent national defense requirements. 

• In December 2007, at the request of DOD, DOC authorized a company to use a “DX” 

priority rating on its contracts and orders with U.S. contractors and suppliers in support of its 

vacuum induction melting and vacuum arc remelted capacity expansion project through the 

completion of the project. 

• DOD is assessing the need to rate its contracts for the Rotating Equipment Isolation Device 

(REID). The REID hardware prevents an identified vulnerability in the nation’s electric 

power grid. 
 14

3.4. Department of Energy 

DOE derives its authorities and procedures with respect to DPA Subsections 101(a) and 101(c) 

from several documents. E.O. 12919 has the following provisions regarding use of priorities and 

allocations authority for energy resources: 

• Section 201 delegates the President’s priorities and allocations authority with respect to “all 

forms of energy” to the Secretary of Energy; 

• Section 202 states that Section 101 authority may only be used “with respect to energy 

production and construction, distribution and use, and directly related activities” to support 

programs that have been determined by the Secretary of Energy to be necessary or 

appropriate to promote the national defense; and 

• Section 203 delegates the President’s authority under Subsection 101(c), which involves 

maximizing domestic energy supplies, to the Secretary of Commerce but also directs DOC 

to re-delegate the responsibility for a finding described in Subsection 101(c)(2)(A) to DOE. 

DOE exercised its priorities and allocations authority for energy resources in January 2001, at 

the direction of the President, to assure the continued availability of natural gas supplies to highpriority uses in California. Certain natural gas suppliers were directed to sell natural gas to the 

Pacific Gas and Electric Company (PG&E) under terms and conditions consistent with existing 

contractual arrangements between PG&E and these suppliers. This use of priorities and 

allocations authority did not involve a potential interruption in critical infrastructure operations 

caused by a disaster. 

DPAS Delegation 2 from DOC to DOE authorizes use of the DPAS in support of DOE approved 

programs, exercised in conjunction with programs approved for DPAS support by DOD (with 

respect to military production and construction, military assistance to any foreign nation, space, 

stockpiling, and directly related activities). Priority ratings are used by DOE on contracts/orders 

for programs conducted in conjunction with DOD’s military and space programs. DPAS 

Delegation 2 also authorizes DOE to make the required finding under DPA Section 101(c)(2)(A) 

involving use of priorities and allocations authority to maximize domestic energy supplies. 10 

CFR Part 216 establishes the procedures to be used by DOE to make the findings required by 

DPA Section 101(c)(2)(A). This priorities and allocations authority was used for contracts and 

orders to build and repair the Trans Alaska Pipeline System in the 1980s/early 1990s. A 

memorandum of understanding between DOE and DOC spells out the respective jurisdictions 

and responsibilities of these two departments for products and equipment associated with the 

production of petroleum and gas. 

10 CFR Part 221 sets forth the procedures to be used by the Economic Regulatory 

Administration, within DOE, and DOD whenever the priority supply of crude oil and petroleum 

products is necessary or appropriate to meet national defense needs. 

DOE planning and procedures to address energy resources preparedness and response for 

emergency conditions are addressed in ESF #12 (Energy) of the NRF and the ESF #12 

Operations Manual. The Operations Manual provides information resources and instructions for 
 15

the DOE/OE Energy Emergency Management Team. It can be used to support planning and 

response activities during an energy emergency or upon activation of ESF #12. It provides 

general information and guidelines for OE that can be tailored to event-specific circumstances. 

The manual is currently being updated with references to DPA authorities, including Section 

101. These authorities are also addressed in the NRF. 

DOE has been involved in updating DPAS guidance, and has coordinated DOC’s recent 

amendments to the DPAS regulation. DOE revised 10 CFR Part 216 (Materials Allocation and 

Priority Performance Under Contracts or Orders to Maximize Domestic Energy Supplies), which 

implements DOE’s authority under DPA Section 101(c), to reflect statutory amendments that 

broadened the scope of 101(c) authority, and DOE updated the delegation of Section 101(c) to 

the Office of Electricity Delivery and Energy Reliability. DOE has also incorporated a section 

on the DPA and the DPAS in DOE responder training to alert responders to the potential use of 

DPAS priority ratings to expedite deliveries of industrial resources under emergency conditions. 

DOE also recognizes other DPA authorities as important tools for protecting and restoring 

critical energy infrastructure. Voluntary agreements, authorized under DPA Title VII, have been 

used in the past to enable oil companies to prepare for, and respond to, energy supply problems, 

including participation in the International Energy Agency’s (IEA) standby emergency 

preparedness programs. Participation by oil company in these IEA programs is now covered by 

voluntary agreement provisions included in section 251 of the Energy Policy and Conservation 

Act. However, the DPA’s voluntary agreement authority could still be important for addressing 

domestic energy emergencies, such as widespread damage to energy production or delivery 

systems caused by acts of terrorism or natural disasters. DPA Title III authorities could also be 

used for protection of energy infrastructure. For example, these authorities might be used, under 

the right circumstances, to establish more agile production capabilities for critical items required 

for quick restoration of electric power generation and distribution capabilities. 

3.5. Department of Health and Human Services 

HHS is delegated authority by the President to require acceptance and priority performance of 

contracts and orders with respect to health resources through subsection 201(a) of E.O. 12919. 

Health resources are identified in E.O. 12919 as “materials, facilities, health supplies, and 

equipment (including 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.” 

Section 201(a)(6) of E.O. 12919 delegates to the Secretary of HHS the President’s authority 

under Section 101 of the DPA to require acceptance and priority performance of contracts and 

orders with respect to health resources. 

HHS has also considered use of the provisions of the DPA (50 U.S.C. App. 2158), entitled 

“Voluntary agreements and plans of action for preparedness programs and expansion of 

production capacity and supply,” and E. O. 12919 that provide the Secretary with the authority to 

enter into voluntary agreements and plans of action with entities in the public sector to address 

direct threats to the national defense. If the DPA confers legal protections upon participants for 

actions, such agreements could be helpful as they participate in the development or carrying out 
 16

of a DPA voluntary agreement (e.g., violation of antitrust laws, including any similar law of any 

State.) 

HHS is the Coordinator for ESF #8 (Public Health and Medical Services) of the NRF. ESF #8 

provides for coordinated Federal assistance to supplement State, Territorial, Tribal, and local 

resources in response to a public health and medical disaster or other potential health and 

medical emergencies. HHS provides leadership in directing, coordinating, and integrating all 

Federal efforts to provide medical and public health assistance to an affected area. 

Additionally, HHS has been designated the Sector-Specific Agency for the Health Care and 

Public-Health Sector for the NIPP and is responsible for identifying, prioritizing, and protecting 

Health Care and public-health critical infrastructures and key resources, many of which are in the 

private sector. While focusing on protection issues, HHS must also promote the resiliency of the 

sector, and the critical networks, systems, function and assets within the sector. 

3.6. Department of Homeland Security 

In December 2005, DHS/FEMA requested that DOC update DPAS Delegation 4 to cover the 

spectrum of DHS programs eligible for DPAS support. In March 2006, the revised delegation 

was issued by DOC/BIS. It authorizes and provides a procedure for handling requests from 

owners and operators of critical infrastructure to place priority rated contracts and orders for 

industrial resources in support of critical infrastructure protection and restoration activities. 

Delegation 4 also provides procedures for use of priority ratings in support of: (1) approved DHS 

programs; (2) state, local and tribal government programs that involve disaster preparedness, 

mitigation, response, and recovery activities; and (3) programs of other Federal department and 

agencies that involve essential civilian needs determined by DHS to be necessary or appropriate 

to promote the national defense. The previous DPAS Delegation 4 had been issued to FEMA in 

1998 and did not account for the broadened DPA definition of “national defense” to include 

“critical infrastructure protection and restoration.” 

In June 2006, the FEMA Administrator, acting under authority delegated by the Secretary of 

Homeland Security, determined that eight categories of homeland security programs, including 

critical infrastructure protection and restoration, are approved for DPAS support. These eight 

approved program categories are: 

• Federal emergency preparedness, mitigation, response, and recovery 

• State, local, tribal government emergency preparedness, mitigation, response, and recovery 

• Intelligence and warning systems 

• Border and transportation security 

• Domestic counter-terrorism, including law enforcement 

• Chemical, biological, radiological, and nuclear countermeasures 
 17

• Critical infrastructure protection and restoration 

• Miscellaneous. 

DHS is in the process of establishing policies and procedures to fully implement its priorities and 

allocations authorities. This process has included: 

• Analyzing DOD’s use of the DPAS for lessons learned; 

• Drafting a DHS Management Directive to provide guidance and procedures for DPA 

activities. 

• Developing a DHS DPA/DPAS website. 

• Drafting a priorities and allocations manual and training materials that describe procedures 

for implementation of DPAS Delegation 4 authorities within DHS. 

• Preparing a new regulation on the use of DPA priorities and allocations authorities on 

essential civilian needs. 

3.7. Department of Transportation 

DOT is delegated DPA Section 101 authority with respect to all forms of civil transportation. 

Civil transportation is not covered by the DPAS, but the DPAS has been used in the past to 

expedite the delivery of industrial resources for protection and restoration of transportation 

facilities. DOT has prepared DPA orders for civil transportation that can be issued quickly in 

times of crisis. In addition, the Department ensures that senior leadership and necessary 

decision-makers are briefed on the applicability of the DPA and DPAS. The Federal Aviation 

Administration (FAA) Crisis Management Handbook contains a section to coordinate requests 

for the use of the DPAS, as necessary. DOT planning and procedures to address civil 

transportation preparedness and response for emergency conditions are addressed in ESF #1 

(Transportation) of the NRF, which also addresses use of DPA authorities under emergency 

conditions. 

 

The U.S. Maritime Administration (MARAD) has four long-established regulations derived from 

the DPA and relevant executive orders: 

• 46 CFR Part 340—Priority Use and Allocation of Shipping Services. This regulation is 

designed to ensure that DOD will have access, as necessary, to shipping services and port 

facilities in crisis or war. 

• 46 CFR Part 345—Restrictions Upon the Transfer or Change in Use or in Terms Governing 

Utilization of Port Facilities. This regulation requires prior approval of the National 

Shipping Authority (NSA) – MARAD’s emergency operations mode – to transfer or change 

utilization of port facilities, “to meet the requirements of the national security.” 
 18

• 46 CFR Part 346—Federal Port Controllers. This regulation prescribes the standard form of 

agreement between the NSA and port authorities for the appointment and functions of 

Federal Port Controllers during national defense emergencies. 

• 46 CFR Part 347—Operating Contract. This regulation prescribes the standard form of 

contract to be entered into between the NSA and marine terminal operators during civil 

defense emergencies or national emergencies declared by the President. 

3.8. Use of Priorities and Allocations for Protection and Restoration of CI/KR Operations 

Federal departments with DPA Section 101 responsibilities are continually engaged in planning 

to support critical infrastructure/key resource protection and restoration. In addition, the Defense 

Priorities and Allocations System has been utilized to support critical infrastructure protection 

and restoration. This section highlights a number of DPA-related actions in recent years 

involving critical infrastructure. 

3.8.1. Industrial Resources 

DPAS Delegation 4 authorizes DHS to place priority rated contracts and orders in support of 

DHS and State, local, and tribal government programs determined eligible by DHS for DPAS 

support. As stated previously, the Secretary of Homeland Security re-delegated this authority to 

the DHS/FEMA Administrator. Both DHS/FEMA and DOC are involved in DPAS actions 

involving use of priority ratings by other Federal agencies or owners and operators of critical 

infrastructure for civilian programs involving emergency preparedness or critical infrastructure 

operations. DHS/FEMA makes a finding and determines in writing that the program is 

“necessary and appropriate to promote the national defense” and requests that DOC authorize 

use of a DPAS priority rating to support the civilian program, as appropriate. There have been 

several cases involving use of the DPAS in support of emergency preparedness and CI/KR, 

including: 

• Restoration of rail service in the Gulf Coast region after Hurricane Katrina (CI/KR sector – 

Transportation Systems); 

• Restoration of levies and waterways in the Gulf Coast region after Hurricane Katrina (CI/KR 

sectors – Dams/Emergency Services); 

• Perimeter security equipment for a major East coast airport and seaport (CI/KR sector – 

Transportation Systems); 

• Construction of the Federal Bureau of Investigation’s (FBI) Northern Virginia Resident 

Agency facility (CI/KR sector – Government Facilities); 

• State Department’s Domestic Facilities and Personnel Protection Program (CI/KR sector – 

Government Facilities); 
 19

• Construction of the Department of Justice’s Terrorist Screening Center (CI/KR sector – 

Government Facilities); 

• DHS/FEMA’s Gulf Coast recovery operations in support of State evacuation centers (CI/KR 

sector – Emergency Services); 

• State Department’s Continuity of Operations (COOP) Facility (CI/KR sector – Government 

Facilities); 

• Transportation Security Administration’s (DHS/TSA) Transportation Threat Protection 

Program (involving airport explosive detection systems) and Information Technology 

Managed Services Program (involving commercial airport to TSA Headquarter data 

processing and communications systems) (CI/KR sector - Transportation Systems); 

• DHS/FEMA’s Continuity of Operations and Continuity of Government facilities (CI/KR 

sector – Government Facilities); and 

• Customs Service’s Automated Commercial Environment Program (involving seaport data 

processing and communications systems to track containerized cargo) (CI/KR sector - 

Transportation Systems). 

3.8.2. Civil Transportation 

DOT considers using DPA authorities in any event affecting the national security that requires 

extraordinary actions to restore or retain critical transportation capabilities. Because the nation’s

transportation system is robust, actual uses of these authorities have been limited. 

During the first Gulf War, the FAA, working through DOD, sought use of DPAS to support 

activation of the Civil Reserve Air Fleet. This request was made after the Air Mobility 

Command determined that air carriers could provide more resources if they could get priority for 

parts. Additionally, a DOD priority rating was used to expedite one carrier's airframe 

modifications to enable it to transport pallets used by DOD. 

Most recently, DOT, DOC, and DHS/FEMA discussed possible use of the DPAS during 

planning for the I-35W Bridge replacement (following the bridge collapse in Minnesota) and 

general use to support contracting activities during an emergency. 

3.8.3. Energy Resources 

DOE has not encountered emergency conditions requiring use of DPA Sections 101(a) and 

101(c) authorities to reduce interruptions in energy supplies caused by natural or man-caused 

disasters since the DPA definition of “national defense” was expanded in 2003 to include 

“critical infrastructure protection and restoration.” DOE has considered use of these authorities 

in response to a number of emergency preparedness and disaster response cases, but determined 

in each case that priorities or allocations action was not needed to protect or restore the impacted 

energy supplies. For example, DOE and DOC considered use of DPAS priority ratings to speed 

restoration of refinery operations interrupted by flooding and fire during the summer of 2007. 
 20

The fact that these authorities have not been used in recent years for protection or restoration of 

energy resources does not lessen their potential importance for addressing energy supply 

problems caused by catastrophic disasters or other threats to national defense and homeland 

security. 

In cooperation with DHS, DOC, and DOD, DOE has been planning and exercising use of these 

authorities for emergency conditions. In June 2007, a DPAS representative from DOC 

participated in DOE’s Northeast-Mid Atlantic States Energy Assurance Exercise to enhance 

“play” of DPAS issues. DPAS was discussed in several cases, raising participant awareness of 

how Section 101 authority could be used under emergency conditions. 

3.9. Conclusion 

The DPA Statement of Policy and DPA authorities focus primarily on DOD acquisition needs 

and support for major military conflicts overseas. Except for the 2003 amendment to the DPA 

definition of “national defense” to include “critical infrastructure protection and restoration,” no 

other changes have been made to DPA policy or authorities to address CI/KR operations. 

DPA authorities, particularly the Section 101 authorities, have been used for critical 

infrastructure protection and restoration. Examples of such use were provided in this chapter. 

Federal departments with authority for priorities and allocations have been updating their 

procedures to use this authority for preparedness and CI/KR-related activities. Beyond the actual 

uses of priority ratings to support CI/KR operations, an increasing level of attention is being 

given to DPA authorities as tools for a full spectrum of emergency preparedness, response, and 

recovery activities, including critical infrastructure protection and response. 
 A

Appendix A. Acronyms 

APAS Agriculture Priorities and Allocation System 

CEFR Code of Emergency Federal Regulations 

CI/KR Critical Infrastructure and Key Resources 

CISP Critical Infrastructure Security Program 

COOP Continuity of Operations 

DFOs Defense Food Orders 

DHS Department of Homeland Security 

DHS/FEMA Department of Homeland Security/Federal Emergency Management Agency 

DHS/IP Department of Homeland Security/Office of Infrastructure Protection 

DIB Defense Industrial Base 

DOC Department of Commerce 

DOC/BIS Department of Commerce/Bureau of Industry and Security 

DOD Department of Defense 

DOE Department of Energy 

DOT Department of Transportation 

DOT/TSA Department of Transportation/Transportation Security Administration 

DPA Defense Production Act of 1950 

DPAS Defense Priorities and Allocations System 

E.O. Executive Order 

EPA Environmental Protection Agency 

ESF Emergency Support Function 

FAA Federal Aviation Administration 

FBI Federal Bureau of Investigation 

GSA General Services Administration 

HHS Department of Health and Human Services 

HSPD Homeland Security Presidential Directive 

IEA International Energy Agency 

ISER Infrastructure Security and Energy Restoration Division 

MARAD Maritime Administration 

NIPP National Infrastructure Protection Plan 

NRF National Response Framework 

NSA National Shipping Authority 

OE Office of Electricity Delivery and Energy Reliability 

PG&E Pacific Gas and Electric Company 

REID Rotating Equipment Isolation Device 

SSAs Sector-Specific Agencies 

SSPs Sector-Specific Plans 

USACE United States Army Corps of Engineers