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                        -  Defense Production Act                            -  Defense Production Act Authority and Functions 
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                          -  Federal Priorities and Allocations System 
                          -  Information for Contractors About Priority Rated Orders 
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# Defense Production Act

                            - English 

FEMA exercises the Defense Production Act (DPA) to support the DPAauthority and functions of the FEMA Administrator and the FEMA Associate Administrator for the Office of Policy and ProgramAnalysis (OPPA).  The support focuses on promoting effective use of DPAauthorities by FEMA and other DHS components and providing coordination andguidance for the DPA plans and programs of federal departments and agencies.

## Use of DPA Authorities to Support Homeland Security Programs

The DefenseProduction Act is the primary source of presidential authorities to expediteand expand the supply of materials and services from the U.S. industrial baseneeded to promote the nationaldefense. DPA authorities are available to support: emergencypreparedness activities conducted pursuant to title VI ofthe Stafford Act; protection or restoration of critical infrastructure; andefforts to prevent, reduce vulnerability to, minimize damage from, and recoverfrom acts of terrorism within the United States.  DPA authorities may beused 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.

Informationabout other DPA authorities in DPATitle 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 Programs”:                               - 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.
                            - Implementing Guidance for DHS Use of Priority-Rating Authority Under Defense Priorities and Allocations System (DPAS) Delegation 4  and  Agriculture Priorities and Allocations System (APAS) Delegation 2 , November 1, 2022, provides supplemental guidance and procedures for use 0923of DPAS and APAS rated orders for. DHS personnel involved in use of rated orders are responsible for understanding DPAS and APAS guidance and procedures.
                            - 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                            - The Defense Production Act Committee Report to Congress  (2020)
                          - Use of the Defense Production Act to Reduce Interruptions in Critical Infrastructure and Key Resource Operations During Emergencies  (2020)
                          - Defense Production Act Voluntary Agreement Report  (2020)

## DPA Resources and Templates

                        - FPAS Officer Appointment Letter - Template
                        - ACO Delegation of Authority - Template
                        - Approval to Place a Rated Order - Template
                        - DHS FPAS Quarterly Status - Report
                        - SLTT Use of Priority Rating Authority Endorsement - Template
                        - Non-Federal CI Program Determination Request - Template 
                        - Non-Federal CI Program Determination - Sponsor Endorsement - Template
                        - Outside DHS Program Determination - Federal Request Update - Template 
                        - FPAS Violation Notification - Template

## Defense Production Act On-line Training

                        - FEMA - Emergency Management Institute (EMI) Course | IS-245.B: Introduction to the Federal Priorities and Allocations System
                        - FEMA - Emergency Management Institute (EMI) Course | IS-246.23: Implementing the Federal Priorities and Allocations System (FPAS)

## Contact Us

For more information, please email FEMA-DPA@fema.dhs.gov.

Last updated April 19, 2023

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