DPAS: Administrative Change Rule Proposed

Posted

The proposed rule would amend the Bureau of Industry and Security’s (BIS) Defense Priorities and Allocations System (DPAS) regulation by providing administrative changes to well-established standards and procedures. This proposed rule would: clarify existing standards and procedures by which BIS may

  • provide Special Priorities Assistance (SPA);
  • revise Schedule I to provide transparency and differentiation between other departments’ priorities jurisdiction and the Department of Commerce’s jurisdiction;
  • and provide technical edits to reflect certain non-substantive updates since the DPAS regulation was last amended in 2014, including providing updated contact information, legal citations, and definitions.

Background

This proposed rule would update the priorities and allocations provisions set forth in the Defense Priorities and Allocations System (DPAS) regulation (15 CFR part 700) and implemented by the Department of Commerce (DOC), Bureau of Industry and Security (BIS) consistent with its authorities under Title I of the Defense Production Act of 1950, as amended (50 U.S.C. 4501 et seq.) (DPA), as delegated by Executive Order 13603 (March 16, 2012).

The DPAS has two principal components, priorities and allocations. Under the priorities component, certain contracts between the government and private parties or between private parties for the production or delivery of industrial resources are required to be given priority over other contracts to facilitate expedited delivery in promotion of the U.S. national defense. Under the allocations component, materials, services, and facilities may be allocated to promote the national defense. For both components, the term “national defense” means programs for militaryand energy production or construction, homeland security, stockpiling, space, emergency preparedness, critical infrastructure protection and restoration, and any directly related activity. The term also includes military and critical infrastructure assistance to any foreign nation.

Impact

BIS believes this rule merely provides clarifications and transparency to Federal, state, local, tribal, and territorial government agencies, foreign governments, and the public to ensure ease of understanding and implementation of established procedures and would not have a significant economic impact on government agencies or the public.

The standards and process under which a rated order is authorized, placed, or performed on would not be changed.

Comments on this proposed rule may be submitted to the Federal rulemaking portal (www.regulations.gov). The regulations.gov ID for this rule is: BIS–2024–0002. Please refer to RIN 0694–AJ15 in all comments.

[FR Notice

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