DHS Components Seeking to Use DPA Authority

This guide simplifies how Department of Homeland Security (DHS) components can use the Defense Production Act (DPA) authorities for enhancing national defense capabilities under various conditions, including peacetime and emergencies.

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Full Guidance

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• Purpose: Allows prioritization of contracts for materials and services crucial to national defense.
• Action: DHS components can require businesses to accept and prioritize contracts to ensure national defense needs are met promptly.

• Purpose: Aims to expand the production and supply of critical materials and goods.
• Benefits: Includes loans, loan guarantees, direct purchases and installing government equipment in private facilities to boost domestic industrial capabilities.
• Procedure: Any use of Title III authority requires approval from the FEMA Administrator.

• Includes: Various powers such as making voluntary agreements with private industries, blocking foreign mergers that threaten national security, and establishing a volunteer pool of industry executives for government service.
• Voluntary Agreements: Allows DHS to collaborate with industry without antitrust restrictions to enhance production capabilities and resource distribution.

• Understanding the Process: DHS components need to be familiar with the scope and limitations of DPA authorities to effectively use them.
• Seeking Approval:
  • For actions under Title I and III, components should consult with the FEMA DPA Division to ensure alignment with national defense objectives.
  • For voluntary agreements under Title VII, refer to specific DHS guidelines to form collaborations that comply with legal standards.
• Engagement and Coordination: Engage with FEMA and other relevant agencies to get necessary approvals and guidance on executing DPA-related actions.
• Training and Compliance: Ensure that all involved personnel are trained on DPA regulations and compliance requirements to avoid any legal or operational mishaps.

Graphic

Full Guidance

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DHS components seeking to utilize DPA authority for priorities and allocations should contact the FEMA DPA Division for detailed guidance and support.