[Code of Federal Regulations] [Title 15, Volume 2] [Revised as of January 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 15CFR700.1] [Page 81-82] TITLE 15--COMMERCE AND FOREIGN TRADE CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE PART 700_DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM--Table of Contents Subpart A_Purpose Sec. 700.1 Purpose of this regulation. Subpart A_Purpose Sec. 700.1 Purpose of this regulation. Subpart B_Overview 700.2 Introduction. 700.3 Priority ratings and rated orders. 700.4 Priorities and allocations in a national emergency. 700.5 Special priorities assistance. 700.6 Official actions. 700.7 Compliance. Subpart C_Definitions 700.8 Definitions. Subpart D_Industrial Priorities 700.10 Delegation of authority. 700.11 Priority ratings. 700.12 Elements of a rated order. 700.13 Acceptance and rejection of rated orders. 700.14 Preferential scheduling. 700.15 Extension of priority ratings. 700.16 Changes or cancellations of priority ratings and rated orders. 700.17 Use of rated orders. 700.18 Limitations on placing rated orders. Subpart E_Industrial Priorities for Energy Programs 700.20 Use of priority ratings. 700.21 Application for priority rating authority. Subpart F_National emergency Preparedness and Critical Items 700.30 Priorities and allocations in a national emergency. 700.31 Metalworking machines. Subpart G [Reserved] Subpart H_Special Priorities Assistance 700.50 General provisions. 700.51 Requests for priority rating authority. 700.52 Examples of assistance. 700.53 Criteria for assistance. 700.54 Instances where assistance may not be provided. 700.55 Assistance programs with Canada and other nations. Subpart I_Official Actions 700.60 General provisions. 700.61 Rating Authorizations. 700.62 Directives. 700.63 Letters of Understanding. Subpart J_Compliance 700.70 General provisions. 700.71 Audits and investigations. 700.72 Compulsory process. 700.73 Notification of failure to comply. 700.74 Violations, penalties, and remedies. 700.75 Compliance conflicts. Subpart K_Adjustments, Exceptions, and Appeals 700.80 Adjustments or exceptions. 700.81 Appeals. Subpart L_Miscellaneous Provisions 700.90 Protection against claims. 700.91 Records and reports. 700.92 Applicability of this regulation and official actions. 700.93 Communications. Schedule I to Part 700--Approved Programs and Delegate Agencies Appendix I to Part 700--Form BIS-999-Request for Special Priorities Assistance Authority: Titles I and VII of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061, et seq.), Title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195 et seq.), Executive Order 12919, 59 FR 29525, 3 CFR, 1994 Comp. 901, and Executive Order 13286, 68 FR 10619, 3 CFR, 2003 Comp. 166; section 18 of the Selective Service Act of 1948 (50 U.S.C. App. 468), 10 U.S.C. 2538, 50 U.S.C. 82, and Executive Order 12742, 56 FR 1079, 3 CFR, 1991 Comp. 309; and Executive Order 12656, 53 FR 226, 3 CFR, 1988 Comp. 585. Source: 49 FR 30414, July 30, 1984, unless otherwise noted. Redesignated at 54 FR 601, Jan. 9, 1989. (a) Title I of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061, et seq.) (Defense Production Act), [[Page 82]] authorizes the President: to require the priority performance of contracts and orders necessary or appropriate to promote the national defense over other contracts or orders; to allocate materials, services, and facilities as necessary or appropriate to promote the national defense; and to require the allocation of, or the priority performance under contracts or orders relating to, supplies of materials, equipment, and services in order to assure domestic energy supplies for national defense needs. (b) Section 18 of the Selective Service Act of 1948 (50 U.S.C. app. 468) (Selective Service Act) authorizes the President to place an order with a supplier for any articles or materials required for the exclusive use of the U.S. armed forces whenever the President determines that in the interest of national security, prompt delivery of the articles and materials is required. The supplier must give precedence to the order so as to deliver the articles or materials in a required time period. 10 U.S.C. 2538, and 50 U.S.C. 82, provide similar authority specifically for Department of Defense procurement, but only in time of war or when war is imminent. (c) Section 602(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195a(b)) provides that the terms ``national defense'' and ``defense'' as used in the Defense Production Act includes ``emergency preparedness activities'' conducted pursuant to Title VI of the Stafford Act. The definition of ``national defense'' in Section 702(13) of the Defense Production Act provides that this term includes ``emergency preparedness activities'' conducted pursuant to Title VI of the Stafford Act. (d) The Defense Priorities and Allocations System (DPAS) regulation implements the priorities and allocations authority of the Defense Production Act and as this authority pertains to Title VI of the Stafford Act, and the priorities authority of the Selective Service Act and related statutes, all with respect to industrial resources. The DPAS ensures the timely availability of industrial resources for approved programs and provides an operating system to support rapid industrial response to a national emergency. (e) To aid in understanding and using the DPAS, an overview of its major provisions is incorporated into this regulation as subpart B-- Overview. The full text of the DPAS is found in subparts D through L. [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 63 FR 31921, June 11, 1998]