Defense Priorities and Allocations System

The Department of Energy (DOE) today is issuing a direct final rule to update the DOE regulations which implement DOE's delegated authority under section 101(c) of the Defense Production Act of 1950 (DPA). Section 101(c) provides authority to the President of the United States (President) to require the allocation of, or priority performance under contracts or orders relating to, materials and equipment, services, or facilities, in order to maximize domestic energy supplies, if the President makes certain findings. The President's authority under section 101(c) was delegated to the Secretary of Commerce and the Secretary of Energy. This final rule makes a number of changes to conform to a 1991 amendment to the DPA which broadens the scope of authority in section 101(c). This final rule also makes conforming changes to Department of Energy Acquisition Regulation (DEAR).