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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Overview of Defense Production Act Authorities Available to DHS
Title I: Priorities and Allocations
- 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.
Title III: Expansion of Productive Capacity and Supply
- 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.
Title VII: General Provisions
- 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.
How DHS Components Can Utilize These Authorities
- 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.
More Information
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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.