Tag Archives: DPAS

FEMA Continues to Push Defense Production Act Authority On Several Fronts

Two notices recently published in the Federal Register indicate the Federal Emergency Management Agency (“FEMA”) intends to exercise Defense Production Act (“DPA”) authority in novel ways during the current coronavirus pandemic. On May 12th, FEMA announced that it plans to invoke DPA authority which permits the President to consult with representatives of industry, business, financing, … Continue Reading

The Defense Production Act and the Coronavirus Executive Order: Key Considerations

Following up on our post earlier this week giving a general overview of the Defense Production Act of 1950 (“DPA”), 50 U.S.C. §§4501 et seq., this post comments on President Trump’s March 18, 2020 Executive Order on Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19 (the “COVID-19 E.O.”) and … Continue Reading

A Coronavirus Contractor’s Guide to the Defense Production Act

As a followup to our recent post on the implications of the PREP Act for government contractors working to respond to the COVID-19 outbreak, this post will provide an overview of the Defense Production Act—including its key powers that the federal Government might invoke to counter the pandemic.… Continue Reading

Defense Production Act Amended and Extended

On September 26 President Obama signed a bill (H.R. 4809) amending and extending the Defense Production Act (“DPA”) through September 30, 2019. The DPA (Pub.L. 81–774) was originally enacted in 1950 as part of a broad civil defense and war mobilization effort in response to the Cold War.  As discussed in a recent post, the … Continue Reading

New Rule Expands Scope and Imposes Tighter Deadlines on DPAS Orders

On August 14, 2014, the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) issued a final rule clarifying the existing standards and procedures for, and expanding the reach of, the Defense Priorities and Allocations System (“DPAS”) regulations – the “rated order” system.  Specifically, the final rule proposes new standards and procedures for such prioritization with … Continue Reading