The Defense Production Act Committee (DPAC): A Primer

The Defense Production Act Committee (DPAC): A Primer

February 23, 2021
The Defense Production Act Committee (DPAC): A Primer
The Defense Production Act of 1950 (DPA, 50 U.S.C.
Production Act Reauthorization of 2009 (P.L. 111-67). The
§4501 et seq.) confers on the President authorities to
DPAC was intended to serve as an interagency mechanism
mobilize domestic industry in service of national defense,
for advising the President and coordinating DPA activities
broadly defined, including emergency preparedness. In
across government. However, it has never organizationally
2009, the DPA statute was amended to create the DPA
fulfilled that role—even during emergency situations like
Committee (DPAC), which would serve as an interagency
the COVID-19 pandemic—and its scope has narrowed and
platform for advising the President and coordinating DPA
diminished with time. In an effort to improve its
activities across the government. This In Focus considers
effectiveness, the DPAC was restructured when the DPA
the establishment, development, and policy issues
was reauthorized in 2014 (P.L. 113-172).
surrounding the DPAC, given ongoing congressional
interest in DPA authorities and existing mechanisms for
Establishment of the DPAC in 2009
their current and future implementation.
Congressional deliberations over the Senate-introduced
2009 DPA reauthorization suggest the DPAC was created
About the DPA
to serve as the locus of DPA coordination and
The DPA provides the President with powers to mobilize
implementation. Specifically, the Congressional Record
the domestic civilian economy in response to emergencies.
shows that the DPAC’s proposed establishment was linked
DPA authorities include (1) provisions under Title I to
to Department of Homeland Security (DHS) and
prioritize contracts and allocate scarce goods, materials, and
Government Accountability Office (GAO) reports citing
services; (2) financial incentives under Title III to expand
insufficient agency planning and employment of DPA
productive capacity for critical materials and goods; and (3)
authorities and a lack of related interagency coordination.
coordination, information-gathering, and other supporting
In response, Congress proposed the DPAC to “advise the
provisions under Title VII. See CRS Report R43767 for
President on the effective use of [the DPA]” and “elevate
more information about DPA authorities and history; and
DPA policy discussions to Cabinet-level posts, so that
CRS Report R46628 for a survey of DPA actions made in
administrations going forward will be able to reassess the
response to the COVID-19 pandemic, with an emphasis on
[DPA’s] provisions and applications, and never lose sight
personal protective equipment (PPE).
of the importance of coordinating[.]”
Except in relatively narrow circumstances involving
The DPAC membership was to include “the head of each
defense-related procurement and investments, DPA
federal agency to which the President has delegated [DPA]
authorities have been used sparingly since the Korean War.
authority” as well as the Chairperson of the Council of
When the DPA was enacted, its activities were routed
Economic Advisors. One of these members would be
through the Office of Defense Mobilization (ODM), an
designated Chairperson of the committee. The President
independent executive branch agency which oversaw other
was also directed to appoint an executive director, without
executive branch offices and sub-agencies in executing
Senate confirmation, at the rank “of a Deputy Assistant
DPA and other mobilization functions. However, as DPA
Secretary (or a comparable position)” at the federal agency
fell into disuse, the ODM and its offices were dismantled.
of the DPAC chairperson, and paid for by that same agency.
As the ODM’s successor agency, FEMA is the designated
Additionally, the 2009 legislation required the DPAC to
lead for government-wide DPA planning and coordination.
submit an annual report to Congress, signed by each DPAC
member, containing specified elements:
FEMA’s role notwithstanding, oversight assessments have
frequently identified coordination issues in utilizing DPA
 A review of DPA authorities of each federal agency to
authorities in response to emergencies. A 2009 amendment
which the President has delegated DPA authority;
to the DPA statute established the DPAC as a means of
facilitating interagency DPA coordination. However, as
 Recommendations for effective use of DPA authorities;
recently as 2019, a pandemic simulation identified
confusion among interagency participants about the
 Recommendations for legislation, regulations, executive
applicability and use of DPA authorities. Amid the COVID-
orders, or other actions to improve use of DPA
19 pandemic, DPA coordination and implementation issues
authorities; and
have been frequently raised as an area of concern by
Members of Congress.
 Recommendations for improving information sharing
between federal agencies for use of DPA authorities.
DPAC Functions and History
The DPAC is authorized under Title VII of the statute (50
U.S.C. §4567) and was established as part of the Defense
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The Defense Production Act Committee (DPAC): A Primer
DPAC Presidential Directives
 Modified the scope of the annual report to Congress to
Following the DPAC’s establishment, two presidential
focus on Title I authorities and required formal
directives provided additional guidance for the DPAC’s
attestations from DPAC members in lieu of signatures.
development. First, a 2010 presidential memorandum
designated the Secretaries of Homeland Security and
DPAC Composition and Activities
Defense (DOD) as rotating DPAC chairpersons. It also
Since the 2014 DPA reauthorization, the structural
directed DHS and DOD to formalize DPAC funding and
composition of the DPAC, as defined by E.O. 13603, is
administrative support through interagency agreement.
unchanged. According to FEMA, the DPAC provides
“central coordination of DPA plans and programs of federal
Second, Executive Order (E.O.) 13603, National Defense
agencies,” per E.O. 13603. DPA activities are organized
Resources Preparedness (2012), created a coordination
under FEMA’s DPA Program Division at OPPA, which
framework for use of DPA authorities, and further specified
includes four full-time staff (a director and three analysts)
the membership of the DPAC to include the following
as well as supplemental contractor support. In response to
Cabinet secretaries and other officials: (1) State; (2)
the pandemic, FEMA reported its DPA staff increased to 30
Treasury; (3) Defense; (4) Attorney General; (5) the
using interagency personnel. The DPA Program Division
Interior; (6) Agriculture; (7) Commerce; (8) Labor; (9)
director reports to the OPPA Associate Administrator, who
Health and Human Services; (10) Transportation; (11)
reports to the FEMA Administrator. The OPPA Associate
Energy; (12) Homeland Security (delegated to FEMA); (13)
Administrator has been appointed DPAC coordinator, per
Director of National Intelligence; (14) Director of the
the 2014 statutory revisions, as a “collateral duty.”
Central Intelligence Agency; (15) Chair of the Council of
Economic Advisers; (16) Administrator of the National
The DPAC’s principal function appears to be developing its
Aeronautics and Space Administration; and (17)
annual report to Congress. This report is a high-level survey
Administrator of General Services. The OMB Director and
of Title I activities, and typically includes varying detail
the Director of the Office of Science and Technology
and analysis of these activities by agency. The DPAC’s
Policy are also invited to participate in an advisory role.
other statutory functions, such as planning and coordinating
DPA Title I activities across government, do not appear in
E.O. 13603 also directed the DHS Secretary to provide
the annual report or in other publicly available documents.
DPA coordination and guidance, and granted sole DPAC
chairmanship. However, DPA responsibilities were sub-
Policy Issues
delegated to the FEMA Administrator, given FEMA’s role
The COVID-19 pandemic has renewed congressional
as interagency DPA convener prior to DHS’s existence (see
interest in developing clear mechanisms for government-
E.O. 12919). The FEMA Administrator is the current
wide DPA planning and coordination. Congress may again
DPAC chairperson and the coordinator for all federal DPA
consider DPAC reforms to strengthen such a role:
activities. FEMA’s working-level DPA responsibilities,
including for DPAC, are managed within the Office of
 Congress could restore certain elements of the 2009
Program and Policy Analysis (OPPA).
DPA reauthorization to expand DPAC’s remit to all
DPA authorities, and restore a presidentially-appointed
However, the President never appointed an executive
executive director position;
director. Instead, the DPAC’s day-to-day coordination fell
to deputies of the chairperson, and did not operate at the
 Congress could authorize and provide appropriations for
Cabinet-level as its original advocates appeared to have
DPAC activities, particularly contingency planning and
intended. The DPAC’s only publicly visible activities were
interagency coordination regarding DPA authorities;
its annual reports to Congress.
 The DPAC could include an interagency detailee
2014 DPA Reauthorization
program to augment staffing, foster interagency
The 2014 DPA reauthorization, introduced in the House,
collaboration, and build long-term agency links; and
included significant reforms to the DPAC. During House
deliberations, the Congressional Record includes broad
 Congress could statutorily codify the DPAC as the
references to the changes as a means to “improve the
President’s chief advisor and coordinating mechanism
effectiveness of” and “restructure and refocus” the DPAC.
for the planning and implementation of DPA authorities.
Such characterizations, congressional endorsement of the
bill, and the nature of the reforms themselves suggest
Congress may also specify DPAC membership in statute,
congressional dissatisfaction with the DPAC’s
and include other officials such as the Secretary of Veterans
performance. Specifically, the 2014 DPAC reforms:
Affairs, given its emergency management “fourth mission,”
the National Security Advisor, and any others as necessary.
 Narrowed the remit of the DPAC to Title I priorities and
allocations authorities;
Alternatively, Congress may also preserve the DPAC in its
current form, and subordinate its efforts to the direction of
 Replaced the presidentially-appointed executive director
another office or agency charged with DPA coordination.
with a coordinator at an unspecified rank, appointed by
The Biden Administration’s COVID-19 Response
and reporting to the DPAC chairperson; and
Coordinator and Pandemic Testing Board, for example,
could be made into permanent DPA coordination platforms.
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The Defense Production Act Committee (DPAC): A Primer

Michael H. Cecire, Analyst in Intergovernmental Relations
and Economic Development Policy
IF11767

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